Memorandum

 

 

TO:                   Members, Albemarle County Board of Supervisors

 

FROM:              Amelia G. McCulley, Zoning Administrator

 

DATE:               April 16, 2007

 

RE:                   2006 Annual Report of the Board of Zoning Appeals

 

Please find the attached 2006 annual report of the Board of Zoning Appeals. 

 

State Code Section 15.2-2308 requires the Board of Zoning Appeals (BZA) to keep a full public record of its proceedings and to submit a report of its activities to the governing body.  The full 2006 BZA annual report is attached for your information.

 

The Board of Zoning Appeals hears variances from the Zoning Ordinance and appeals from decisions of the Zoning Administrator or other administrative officer.  These appeals can include determinations of zoning violation. 

 

The number of appeals in 2006 decreased by 11, from 13 received in 2005 to 2 in 2006.  The 2 appeals received in 2006 were withdrawn.  Three appeals were pending from 2005.  Of these 3, one was withdrawn and two Zoning Administrators' decisions were affirmed by the Board.

 

The number of variances in 2006 increased by 5, from 9 in 2005 to 14 in 2006.  Six variances were approved, 1 was denied, 2 were withdrawn, 2 were void and 3 were pending (as of December 31, 2006).  These 3 pending variances were withdrawn at the April 10, 2007 public hearing.  The number of variance requests related to setbacks was the same in 2006 and 2005.

 

The number of special use permits for off-site signs increased by 4, from 0 in 2005 to 4 in 2006.  Three were approved and one was still pending (as of December 31, 2006).  This pending special use permit was denied at the March 6, 2007 public hearing.

 

The following court cases are still pending as of December 31, 2006:

 

1.         Barry Schmidt v. Board of Zoning Appeals.  Appeal of zoning determination.

 

2.         Paul Begin, et al. v. Board of Zoning Appeals and Planned Parenthood.

 

3.         Scott W. and Caroline F. Watkins v. Board of Zoning Appeals.  Appeal of determination of zoning violation.

 

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