ALBEMARLE COUNTY BOARD OF ZONING APPEALS

2008 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 2008 were:

 

Member                      Term Expiration

 

David Bass, Chairman                          Reappointed May 23, 2007 for a five year term to expire May 23, 2012

 

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

 

Lloyd (L.F.) Wood                                   Appointed May 23, 2008 for a two year term (to replace Mr. Bailey for the unexpired portion of his term) to expire May 23, 2010

 

Max C. Kennedy (vacant position)      Reappointed May 23, 2008 for a five year term to expire May 23, 2013

 

 

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 2007-2008 is consistent with prior years and expenses were a total of $2318.54.  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 2008.  The number of submittals and actions considered by the Board in 2008 are shown in the following tables:

 

Variances

 

Eleven (11) variance applications were received in 2008.  Five (5) variances were approved, one (1) was denied, and five (5) were withdrawn.

 

Application #

Project Name

Type of request

Approved

Denied

With Conditions

VA08-01

Charles Roumeliotes or Katherine Krolof

Reduce side setback to allow existing porch to  be converted to an enclosed room

X

 

X

VA08-03

Virginia National Bank

Erect 3 wall signs higher than 30 feet

 

X

 

VA08-05

Daniel McLaughlin

Reduce front setback for the construction of a single-family home

X

 

X

VA08-07

American Legion Post 74

Increase size of a freestanding sign

X

 

X

VA08-09

Mark Slezak / Eleanor Finger

Request to complete a boundary line adjustment-non conforming lots

X

 

X

VA08-10

Phyllis Hopkins / Maxine Holland

Request to complete a boundary line adjustment-non conforming lots

X

 

X

 


 

Withdrawn and Void

Application #

Project Name

Withdrawn

Void

VA08-02

The Villas at Southern Ridge

X

 

VA08-04

Bryan or Marcey Hammon

X

 

VA08-06

Lamont Breckenridge

X

 

VA08-08

Spas N Nails

X

 

VA08-11

Deborah & Alex Struminger

X

 

 

Appeals

 

Seven (7) appeals were taken in 2008.  One (1) was moot, one (1) was void, two (2) were affirmed and one (1) was modified by the Board.  There are three (3) appeals pending (one from 2007 and two from 2008).

 

Application #

Project Name

Affirmed  ZA

Type

AP08-01

Ricky Lee & Donna Baumgardner / Crown Motorcar LLC

Affirmed ZA:

Crown Motorcar Company LLC's use of the Baumgardner property on Richmond Road for off-site display and parking is not a permitted use in the Highway Commercial (HC) District.

Determination of violation

AP08-02

Barracks Road Land Trust aka Colthurst Waste Area

Modified Program Authority's Decision:

The one-year time period for fill activity relating to WPO200600072 had expired.  The Board extended the time period for the 1-year fill activity with clean fill only.  These fill activities must stop as of December 31, 2008.

Email determination that the 1-year time period had expired and the permit would not be extended

AP08-06

Barracks Road Land Trust - CW Hurt Contractors, aka Colthurst Waste Area

Affirmed ZA:

Fill on the property contains metal, wire, plastic, trash and other materials which are neither soil nor inert materials.  Disposal of these materials in a fill or waste area is prohibited.

Determination of violation

 

Withdrawn and Void

Application #

Project Name

Withdrawn / Dismissed / Moot

Void

AP08-03

Belvedere Integrated Healing Arts (Home Occupation)

Moot

 

AP08-07

Scott or Annette Woody

 

Void

 


 

Pending

Application #

Project Name

Pending

AP-07-03

Hollymead Town Center Area B

Determination of proffer violation

AP08-04

Roger Dunning

Determination of floodplain fill violation

AP08-05

Neighborhood Investments - NP LLC - North Pointe -Northwest Residential Area

Determination of Site Plan Noncompliance with Application Plan

 

 

Special Use Permits

 

Three (3) Special Use Permits for off-site signs/lighted signs were received in 2008.   Two (2) applications are still pending and one (1) was void.

 

Pending

Application #

Project Name

Pending/Action

SP08-26

CVS Pharmacy Electronic Message Board

Pending

SP08-34

Church of the Incarnation Off-site sign

Pending

 

Withdrawn and Void

Application #

Project Name

Withdrawn

Void

SP08-51

Gateway Bank Lighted Signs

 

X

 

 

VI.       COURT ACTIONS

 

The following are court actions taken on the Board of Zoning Appeals in 2008:

 

1.         Paul Begin, et al. v. Board of Zoning Appeals and Planned Parenthood:  Petition for 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 issued a writ of certiorari directing the Board of Zoning Appeals to file the record of its proceedings.  A trial date has not been set.


 

 

2.         Scott W. and Caroline F. Watkins v. Board of Zoning Appeals:  Petition for 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 Areas District.  The applicants have pursued a different location.   The applicants have obtained rezoning approval from the County and they are currently in the site plan review process.  The appeal has not been withdrawn.

 

3.         Ellen Hawkins v Board of Zoning AppealsPetition for writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that keeping 27 adult dogs and seven puppies, portable cages, portable kennels, fixed kennels, bulk amounts of dog food and related material on site is not a permitted use in the R2, Residential District.  The County and the BZA have not been served with the petition.

 

4.         Rickey Lee Baumgardner, Donna G. Baumgardner and Crown Motorcar Company, LLC v Board of Zoning AppealsPetition for writ of certiorari filed in Albemarle County Circuit Court challenging the decision of the Board of Zoning Appeals that Crown Motorcar Company LLC's use of the Baumgardner property on Richmond Road for off-site display and parking is not a permitted use in the Highway Commercial (HC) District.

 

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