ALBEMARLE COUNTY BOARD OF ZONING APPEALS

2005 ANNUAL REPORT

 

 

I.          INTRODUCTION

 

The Code of Virginia states that the Board of Zoning Appeals shall submit a report of  its activities to the governing body at least once each year {Sec. 15.2-2308}.  This report is a brief outline of their activities.

 

II.         PERSONNEL

 

The Board of Zoning Appeals consists of five members.  They are appointed by the Circuit Court for a term not to exceed five years.  The Board members during the year 2005 were:

 

Member                      Term Expiration

 

Max C. Kennedy, Chairman           Reappointed May 23, 2003 for a five year term – to expire May 23, 2008

 

David Bass, Vice Chairman           Reappointed May 23, 2002 for a five year term – to expire May 23, 2007

 

George Bailey, Secretary                Reappointed May 23, 2005 for a five year term – to expire May 23, 2010

 

Richard Cogan                                 Reappointed May 23, 2004 for a five year term – to expire May 23, 2009

 

Randy Rinehart                                Reappointed May 23, 2001 for a five year term – to expire May 23, 2006

 

 

III.        OPERATING PROCEDURES

 

Regular meetings of the Board are held the first Tuesday of each month starting at 2:00 p.m.  Special meetings are called in cases of appeals or a high number of submittals, when the regular schedule does not provide sufficient hearing time.  These special meetings may begin at 1:00 p.m.

 

The Board operates with Rules of Procedure which were adopted November 15, 2002.


 

 

IV.               EXPENSES

 

The Board of Zoning Appeals does not have a separate budget.  Compensation and mileage are included within the budget of the Community Development Department, specifically within the Zoning and Current Development cost center.  Funding for Board salaries in the fiscal year 2004-2005 is consistent with prior years and expenses were a total of $2,493.  Board members are paid $45 per meeting and are reimbursed for mileage traveled to the meetings.

 

Staff to the Board includes the Director of Zoning & Current Development (Zoning Administrator), Manager of Zoning Administration and the Chief of Zoning Administration (Deputy Zoning Administrator).  Support staff includes the Zoning Assistant and at times will include the Zoning Technician.

 

V.                 ACTION SUMMARY

 

The Board of Zoning Appeals held 9 meetings in 2005.  The number of submittals and actions considered by the Board in 2005 are shown in the following tables:

 

 

Variances

 

Nine (9) variance applications were received in 2005.  Four (4) variances were approved, one (1) was denied, two (2) were withdrawn, and two (2) are pending.   See the following table:

 

Application #

Project Name

Type of request

Approved

Denied

With Conditions

VA-0502

T. Ronald Durham

Reduction of front setback to allow a carport to remain

Approved

 

W/ staff’s condition

VA-0503

William & Deanna McIntire

Reduction of front setback to allow construction of a porch

Approved

 

W/ Board modifications to staff's conditions

VA-0507

William H. Houff

Reduction of front setback to allow construction of dwelling

Approved

 

W/ Board modifications to staff's conditions

VA-0508

Vernon or Ada Cobbs

Reduction of front setback to allow construction of dwelling

Approved

 

W/ Board modifications to staff's conditions

VA-0506

Harlin & Betty Sykes

Reduce front setback to allow construction of an addition to existing dwelling

 

Denied

 

Withdrawn and Void

Application #

Project Name

Withdrawn

Void

VA-0501

Kumon Math Reading Center

Withdrawn

 

VA-0505

Sean or Beverly Castorina

Withdrawn

 

 

Pending

Application #

Project Name

Pending

VA-0504

Montessori school

Additional information from the applicant

VA-0509

Mechum’s Trestle LLC

Additional information from the applicant

 

Appeals

 

Thirteen (13) appeals were taken in 2005.  The Board upheld the Zoning Administrator in two (2) appeals, four (4) were withdrawn, two (2) were void, one (1) was dismissed, one (1) was moot, two (2) are under review and one (1) is pending.

 

Application #

Project Name

Upheld  ZA

Type

AP-05-04

Van der Linde Housing

Affirmed ZA on Items 1 & 2 & Affirmed and modified item 3

Determination of violation

AP-05-07

Crafton Corporation

Upheld ZA

Determination of violation

 

Pending / Under Review

Application #

Project Name

Status

Type

AP-05-13

Scott or Caroline Watkins

Under review

Determination of Violation

AP-05-14

Constance Hallquist & Brian Cowan

Under review

Letter of Determination - nonconforming lot redivision

AP-05-06

Marcia Joseph

Pending

Letter of Determination - use

 


 

 

Withdrawn and Void

Application #

Project Name

Withdrawn / Dismissed / Moot

Void

AP-05-01

Kevin or Colleen O’Rourke

Withdrawn

 

AP-05-02

Kevin or Colleen O’Rourke

Withdrawn

 

AP-05-03

Gifford Crawford

Withdrawn

 

AP-05-11

Daniel L. Price

Withdrawn

 

AP-05-05

Dale Cruz

 

Void

AP-05-09

Roger Gibson/Michael Umstadter

 

Void

AP-05-08

Ingleridge LLC

Dismissed

 

AP-05-10

Murcielago LLC

Moot

 

 

AP-05-12

Application type selected in error in City View

 

 

 

Special Use Permits

 

No special use permits for off-site signs were received in 2005.

 

VI.       COURT ACTIONS

 

The following are court actions taken on the Board of Zoning Appeals' cases in 2005:

 

1.         Crafton Corporation v. Board of Zoning Appeals: Petition to writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that the property is a junkyard in violation of the Zoning Ordinance.  The record of the proceedings before the Board of Zoning Appeals has been filed with the Court, but a trial date has not been set.

 

2.         Van der Linde Housing, Inc. v. Board of Zoning Appeals: Petition to writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that the property is developed in violation of the approved site plan and is used in violation of the Zoning Ordinance.  The record of the proceedings before the Board of Zoning Appeals has been filed with the Court, but a trial date has not been set.

 


 

3.         Barry Schmidt v. Board of Zoning Appeals: Petition to writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that the mobile home on the property lost its nonconforming status.  The case was dismissed by the court because of inactivity for the past three years.

 

4.         Christopher Hyland, et al. v. Board of Zoning Appeals (Faulconer Construction Company): The Virginia Supreme Court dismissed the citizen-appellant's appeal in 2004.

 

5.         Paul Begin, et al. v. Board of Zoning Appeals and Planned Parenthood:  Petition to writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that Planned Parenthood's use of the property is a professional office use.  The court has not yet issued a writ of certiorari directing the Board of Zoning Appeals to file the record of its proceedings, so the case has not proceeded and a trial date has not been set. 

 

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