TO:                 Members, Albemarle County Board of Supervisors


FROM:           Amelia G. McCulley, Zoning Administrator


DATE:            March 4, 2009


RE:                 2008 Annual Report of the Board of Zoning Appeals


Please find the attached 2008 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 2008 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 2008 decreased by 2, from 9 received in 2007 to 7 in 2008.  One was moot, one was void, two were affirmed and one was modified by the Board.  There are three appeals pending (one from 2007 and two from 2008).


The number of variances in 2008 decreased by 1, from 12 in 2007 to 11 in 2008.  Of the eleven, five variances were approved, one was denied, and five were withdrawn.  The number of variance requests related to setbacks decreased (by one) in 2008.


The number of special use permits for off-site signs/lighted signs increased by 3, from 0 in 2007 to 3 in 2008.  Of the three applications, two applications are still pending and one was void.


The following court cases are still pending as of December 31, 2008:


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


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


3.         Ellen Hawkins v Board of Zoning AppealsAppeal of determination of zoning violation.


4.         Rickey Lee Baumgardner, Donna G. Baumgardner and Crown Motorcar Company, LLC v Board of Zoning AppealsAppeal of determination of zoning violation.



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