Central Virginia
Albemarle County
Board of Zoning Appeals (BZA) Meeting 6/3/2025
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Board of Zoning Appeals (BZA) Meeting
6/3/2025
Attachments
Board of Zoning Appeals In-person Meeting Guidelines.pdf
Agenda.pdf
Final Packet.pdf
Minutes.pdf
SPEAKER_04
00:00:00
There's a quorum, so if we can just say your name here and we'll start with Mr. Rosenberg.
SPEAKER_07
00:00:07
Ronald Rosenberg, I'm here.
SPEAKER_06
00:00:10
John Shepherd, here.
00:00:12
Kurt Burkhart, here.
SPEAKER_04
00:00:13
And I'm Bo Carrington and I'm here as well.
00:00:20
We don't have any public hearings today, so our first order of business after that is approval of minutes from February 4th, 2025.
00:00:26
This was a long time ago now.
00:00:30
was when we did our election of officers and had a variance request for a smaller lot out on Clark's Tract.
00:00:37
Does anybody have any modifications to those minutes?
SPEAKER_06
00:00:42
I move we approve the February 4th minutes.
SPEAKER_04
00:00:46
Motion to approve the February 4th minutes as submitted.
00:00:50
Do I have a second?
SPEAKER_07
00:00:50
Second.
SPEAKER_04
00:00:52
Motion made and seconded.
00:00:54
Any discussion further?
00:00:56
All right.
00:00:57
Ms. Alley, would you please call the roll?
SPEAKER_00
00:00:58
Mr. Burkhart?
SPEAKER_04
00:00:59
Aye.
SPEAKER_00
00:01:00
Mr. Rosenberg?
SPEAKER_04
00:01:01
Aye.
SPEAKER_00
00:01:02
Mr. Shepherd?
00:01:03
Aye.
00:01:03
Mr. Carrington?
SPEAKER_04
00:01:04
Aye.
00:01:07
Minutes are approved by vote of four to zero.
00:01:12
We have our old business item, which is to review and readopt the rules of procedure.
00:01:18
You have the changes in your packet in red.
00:01:22
Are there any further comments or discussion about our revised rules of procedure?
SPEAKER_06
00:01:30
I have just a small thing.
00:01:31
I do not want this to drift into a big English department, the ASCAP.
00:01:38
So I'm just looking at the page.
00:01:40
I'm just showing you like two different sections of red ink that the changes are.
00:01:45
They basically say the same thing, but not exactly the same thing under two different headings.
00:01:52
Does that matter, Jim?
SPEAKER_05
00:01:53
I mean, the- It's not to be encouraged, but if you can live with it and understand what they're trying to say, that's, you know, it's up to you.
SPEAKER_06
00:02:02
Well, I don't, it just seems a little wonky to me if that's a word, but it's not, it's clear, and it's saying that both, it's saying the same thing in slightly different circumstances, but the meaning I think is clear,
00:02:21
If it comes up that we have a tie vote without a quorum, there's no doubt we've hammered this into our minds.
SPEAKER_05
00:02:29
We will not forget and it will be offered.
00:02:31
Nobody will tell the applicant that they have a right to appeal.
SPEAKER_06
00:02:34
It's in our minds, so I'm happy with it.
SPEAKER_05
00:02:37
I think that's conveyed.
SPEAKER_04
00:02:45
Any further comments or discussion?
SPEAKER_07
00:02:50
Seeing none, let's make a motion.
00:02:54
I move we adopt the procedures as amended.
00:03:01
Motion to adopt the rules of procedures as submitted in our packets.
SPEAKER_04
00:03:06
Motion has been made by Mr. Rosenberg.
00:03:08
Does there a second?
00:03:09
I second that.
00:03:10
Mr. Shepherd has seconded.
00:03:12
Any discussion?
00:03:15
Motion and a second.
00:03:16
Ms. Alley, would you please call the roll?
SPEAKER_00
00:03:19
Mr. Shepherd?
00:03:20
Aye.
00:03:21
Mr. Burkhart?
SPEAKER_04
00:03:22
Aye.
SPEAKER_00
00:03:22
Mr. Rosenberg?
00:03:23
Aye.
00:03:24
Mr. Carrington?
SPEAKER_04
00:03:25
Aye.
00:03:27
Motion to re-adopt our rules of procedures as submitted passes four to zero.
00:03:34
And our next item of business is new business for budget discussion.
00:03:38
This is the highlight of today.
00:03:40
Unless somebody has anything,
00:03:47
To jump in with, I think I would prefer just to go into a quick closed session.
00:03:51
If Ms. Alley would put that up on the screen.
00:03:53
And if anybody else has anything that they'd like to say before that, and then certainly we can do so.
SPEAKER_07
00:04:04
Sure.
Bart Svoboda
Zoning Administrator
00:04:05
I think she might put it up on here.
SPEAKER_07
00:04:14
It's not, I don't think it's in our packet.
00:04:19
or script, it's just a reference to it.
00:04:26
Can you get it right here?
00:04:31
Or should I make the motion?
SPEAKER_06
00:04:33
Or you wanna go?
SPEAKER_04
00:04:34
Whoever would like to do it.
SPEAKER_06
00:04:36
Go ahead.
00:04:37
I move that the Albemarle County Board of Zoning Appeals go into closed meeting pursuant to section 2.2-3711, parenthesis A of the Code of Virginia,
00:04:48
under subsection one to discuss, consider, or interview prospective candidates for employment.
SPEAKER_04
00:04:56
Motion made.
00:04:57
Do I have a second?
SPEAKER_07
00:04:59
Second.
SPEAKER_04
00:05:01
Mr. Rosenberg, we're going to give it to you.
00:05:03
You seconded.
00:05:04
Motion made by Mr. Shepherd.
00:05:06
Mr. Rosenberg, second.
00:05:08
Any further discussion?
00:05:11
Ms. Alley, would you please call the roll?
SPEAKER_00
00:05:13
Mr. Rosenberg?
SPEAKER_04
00:05:14
Aye.
SPEAKER_00
00:05:15
Mr. Burkhardt?
00:05:16
Aye.
00:05:16
Mr. Shepherd?
00:05:17
Aye.
00:05:17
Mr. Carrington?
SPEAKER_04
00:05:18
All right, so we will now go into closed session.
SPEAKER_06
00:05:28
Just take a look at that.
SPEAKER_07
00:05:32
I can't, it's admirable.
00:05:33
You go and you study that.
SPEAKER_06
00:05:35
Back on board here.
00:05:42
I move that the Albemarle County Board of Zoning Appeals certify by a recorded vote that to the best of each member's knowledge that only public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act and identified in the motion authorizing the closed meeting were heard, discussed, or considered in the closed meeting.
SPEAKER_04
00:06:01
Motion made.
00:06:02
Is there a second?
00:06:04
I'll second.
00:06:05
Mr. Burke has seconded.
00:06:07
Any discussion?
00:06:10
Ms. Alley, would you please call the roll?
SPEAKER_00
00:06:12
Mr. Burkhart?
SPEAKER_04
00:06:13
Aye.
SPEAKER_00
00:06:13
Mr. Shepherd?
00:06:14
Aye.
00:06:15
Mr. Rosenberg?
00:06:16
Aye.
00:06:16
Mr. Carrington?
SPEAKER_04
00:06:17
Aye.
00:06:18
The certification of closed meeting passes for zero.
00:06:21
Our next item is upcoming, well, before we go to upcoming meeting information, we'll just quickly address the letter agreement with Mr.
00:06:32
Bowling.
00:06:32
It starts on July 1, 2025 in a few weeks.
00:06:37
and goes through June 30th, 2026.
00:06:40
This has been the topic of plenty of discussion and I would like to ask for any discussion or a motion to accept that letter agreement.
00:06:55
Any discussion?
00:07:02
We can say in public, Mr.
00:07:04
Bowling, thank you for all of your work.
00:07:06
We certainly appreciate it.
00:07:08
Is there a motion to accept?
SPEAKER_01
00:07:11
I'll make the motion to accept.
SPEAKER_04
00:07:13
Motion to accept the letter agreement with Mr.
00:07:15
Bowling.
00:07:16
Seconded by Mr. Rosenberg.
00:07:19
Ms. Alley, would you please call the roll?
SPEAKER_00
00:07:20
Mr. Shepherd?
00:07:22
Aye.
00:07:22
Mr. Rosenberg?
SPEAKER_04
00:07:23
Aye.
SPEAKER_00
00:07:23
Mr. Burkhardt?
00:07:24
Aye.
00:07:25
Mr. Carrington?
SPEAKER_04
00:07:26
Aye.
00:07:26
The letter agreement with Mr.
00:07:28
Bowling is accepted by a vote of four to zero.
00:07:31
And our next item is the upcoming meeting information.
00:07:35
Do we have anything on the radar?
SPEAKER_07
00:07:39
Not that I'm aware of.
00:07:40
Nothing that has been submitted so far.
SPEAKER_04
00:07:43
OK. Well, we will wait to hear further on that.
00:07:48
But thank you.
00:07:51
Any other items for discussion?
SPEAKER_01
00:07:53
Yeah, Mr. Chairman, I wanted to bring this up under old business real quickly.
00:07:57
We have two cases on appeal right now.
00:07:59
I was wondering if we can get an update from the attorney's office on those.
SPEAKER_02
00:08:10
So Andy Herrick, County Attorney, could you remind me of which two cases you're referring to?
00:08:14
The mop and gun case and the costalate case.
00:08:16
OK, so both of those are still pending with the court.
00:08:19
There are not active court dates for either one of those cases.
00:08:23
The court has inquired with us about setting a date for the costalate case.
00:08:28
So we're still working to set a date on that.
00:08:29
So they're both pending before the circuit court, but without court dates at this point.
SPEAKER_01
00:08:34
Thank you.
SPEAKER_06
00:08:35
I just add one quick thing to that.
00:08:37
I want to make sure I believe there was another Kostelot case that had to do with cutting down trees.
00:08:44
I think that was dropped, is that right?
SPEAKER_02
00:08:48
There are two cases involving Mr. Kostalek personally, one of which is Kostalek, which involves a parcel in the Keswick area.
00:08:57
That's the one that's pending before the circuit court.
00:09:00
Mr. Kostalek was also involved with Polo G, an entity called Polo G, and Mr. Svoboda may be more familiar with this.
00:09:08
I am not sure of the status of the Polo G case.
SPEAKER_06
00:09:12
But the reverse, no one remembered that.
Bart Svoboda
Zoning Administrator
00:09:17
Bart Svoboda, the Costa Lake case is the tree cutting case.
00:09:22
So the one that you referred to that was out the Keswick way.
00:09:26
So that is the one that is pending as Mr. Herrick stated.
00:09:29
The other case is off of Polo Grounds Road, hence the name Polo G. We did go to General District Court and based on some notice issues, we resent those letters and that case is kind of moving along.
00:09:46
So at the point we're at now is that staff is working with Mr. Kostelak to get permits for those structures if possible.
00:09:55
There's some streams and some other things that are on that property that
00:09:59
We have to help him navigate, no pun intended, with DCR or the Corps, depending on what the classification of the stream that comes out.
SPEAKER_06
00:10:12
Is that possible to permit those buildings after our findings?
00:10:21
After what we said about the appeal?
Bart Svoboda
Zoning Administrator
00:10:27
We'll have to see how they get classified through the building code and if those labels are removed or not removed that way.
00:10:40
Off the top of my head, I don't recall the particulars of the case, but I know that with those being industrialized buildings, that we had some issues with the labeling of those buildings and those being used for something other than what the label was for.
00:10:57
Right now we're telling him he has to remove them because he has them there without a permit.
00:11:01
Until he submits a permit and we know what he's proposing, I don't want to potentially rule on kind of what I don't know, right?
00:11:10
Because I don't know what he's going to submit them as.
SPEAKER_06
00:11:12
I'm not prepared for this conversation either, but I sort of feel slight to me like it falls into a thing decided thing.
00:11:19
I'm just a personal opinion throwing out in the air from what we heard from the hearing.
00:11:28
Thank you, Mr. Herrick.
SPEAKER_04
00:11:33
Any further discussion?
00:11:36
Ms. Jenny Tevendale is here.
00:11:40
Thank you.
00:11:40
We look forward to working with you.
00:11:43
And if there are no other items for discussion, I would request a motion to adjourn.
SPEAKER_07
00:11:50
So moved.
SPEAKER_04
00:11:52
Motion to adjourn.
00:11:53
Second.
00:11:53
Seconded by Mr. Shepherd.
00:11:55
Ms. Alley, would you please call the roll?
SPEAKER_00
00:11:57
Mr. Burkhart?
SPEAKER_04
00:11:58
Aye.
SPEAKER_00
00:11:58
Mr. Shepherd?
00:11:59
Aye.
00:12:00
Mr. Rosenberg?
00:12:01
Aye.
00:12:01
Mr. Carrington?
SPEAKER_04
00:12:02
Aye.
00:12:03
And we're adjourned at 2 46.
SPEAKER_06
00:12:05
Thank you very much.