ALBEMARLE COUNTY BOARD OF ZONING APPEALS

2006 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 2006 were:

Member                        Term Expiration

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

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

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

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

Randy Rinehart, Secretary                      Reappointed May 23, 2006 for a five year term – to expire May 23, 2011

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 2005-2006 is consistent with prior years and expenses were a total of $2751.61.  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 2006.  The number of submittals and actions considered by the Board in 2006 are shown in the following tables:

Variances

Fourteen (14) variance applications were received in 2006.  Six (6) variances were approved, one (1) was denied, two (2) were withdrawn, two (2) were void and three (3) are pending.   See the following table:

Withdrawn and Void

Pending

Pending from previous years

Appeals

Two (2) appeals were taken in 2006.  These appeals were withdrawn.  Three (3) appeals were pending from 2005.  One appeal (1) was withdrawn and two (2) were affirmed by the Board.

Withdrawn and Void

Action taken in Appeals that were pending from 2005

Special Use Permits

Four (4) special use permits for off-site signs were received in 2006.  Three (3) were approved and one (1) is still pending.

Pending

VI.        COURT ACTIONS

The following are court actions taken on the Board of Zoning Appeals in 2006:

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.    Crafton requested that this appeal be nonsuited (voluntarily dismissed).

2.         Van der Linde Housing, Inc. v. Board of Zoning Appeals: This appeal has been remanded from Circuit Court to allow the Board of Zoning Appeals to reconsider their modification of the Zoning Administrator's determination of violation regarding the use contractor's equipment and storage yard.

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 Circuit Court affirmed the decision of the Board.  Schmidt has filed a notice of appeal to the Virginia Supreme Court.

4.         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.  Two years later, 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.

5.         Scott W. and Caroline F. Watkins 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 use of the property by Watkins & Co Landscape Contracting constitutes a contractor's storage yard which is not a permitted use in the Rural Area District.  This case will be set for trial soon.

6.         Constance Hallquist 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 determination of Authorization for Adjustment of Boundary Lines to allow 37 existing lots to be combined into 10 lots.  Hallquist requested that this appeal be nonsuited (voluntarily dismissed).

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