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  • 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 SvobodaZoning 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 SvobodaZoning 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 SvobodaZoning 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.