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  • Board of Zoning Appeals (BZA) Meeting 9/1/2026
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Board of Zoning Appeals (BZA) Meeting   9/1/2026

Attachments
  • Board of Zoning Appeals In-person Meeting Guidelines.pdf
  • Agenda.pdf
  • Final Packet.pdf
    • SPEAKER_01
    • 00:00:02
      The Albemarle County Board of Zoning Appeals, I call the meeting for September 1st, 2026 to order.
    • 00:00:08
      I'd like to establish a quorum and I'd like to ask if the clerk would please call the roll.
    • SPEAKER_05
    • 00:00:19
      Mr. Burkhardt?
    • SPEAKER_01
    • 00:00:21
      Here.
    • SPEAKER_05
    • 00:00:23
      Ms. Joseph?
    • 00:00:25
      Mr. Shepherd?
    • 00:00:27
      Here.
    • 00:00:28
      Mr. Carrington?
    • SPEAKER_01
    • 00:00:29
      Here.
    • 00:00:31
      Thank you very much.
    • 00:00:32
      Since the quorum has been established with four present, I'll give a moment for Ms. Joseph to get seated before we proceed.
    • SPEAKER_04
    • 00:00:47
      Count?
    • 00:00:48
      Counted by the official clock.
    • SPEAKER_03
    • 00:00:55
      We're just prompt.
    • SPEAKER_06
    • 00:00:57
      The regime.
    • SPEAKER_01
    • 00:01:02
      Okay, so the quorum has been established with four members present.
    • 00:01:07
      We're gonna go through the agenda.
    • 00:01:09
      Item number three is public hearing, and since we do not have any public hearing scheduled, we will move on to number four, approval of the minutes for March 3rd, 2026.
    • 00:01:19
      I'd like to call for a motion to approve the minutes, please.
    • SPEAKER_03
    • 00:01:25
      I move that we approve the minutes.
    • SPEAKER_01
    • 00:01:27
      Do I have a second?
    • 00:01:29
      I second.
    • 00:01:30
      Thank you very much.
    • 00:01:31
      Will the chair please call the roll for the vote?
    • SPEAKER_05
    • 00:01:39
      Ms. Joseph?
    • 00:01:40
      Aye.
    • 00:01:43
      Mr. Shepherd?
    • 00:01:45
      Aye.
    • 00:01:46
      Mr. Burkhart?
    • 00:01:46
      Aye.
    • 00:01:47
      Mr. Carrington?
    • SPEAKER_01
    • 00:01:48
      Aye.
    • 00:01:50
      Okay.
    • 00:01:55
      by a motion of four to zero.
    • 00:01:58
      The minutes for March 3rd, 2026 have been carried by a vote of four to zero.
    • 00:02:06
      Old business, gonna move into that.
    • 00:02:08
      There's currently no old business listed on the agenda.
    • 00:02:11
      Is there any old business that this board would like to discuss at this time?
    • 00:02:19
      Okay, hearing none.
    • SPEAKER_03
    • 00:02:21
      Are we gonna hear about
    • 00:02:24
      These from the past, I mean, just look at this.
    • SPEAKER_01
    • 00:02:29
      Go ahead.
    • 00:02:30
      What's the question?
    • 00:02:31
      I'd like to hear about the, you know.
    • 00:02:33
      Speak in the mic, please.
    • SPEAKER_03
    • 00:02:36
      I don't want to do this right now.
    • 00:02:37
      I think it's sort of out of order from the rhythm of the meeting, but I'd like to hear about past legal cases that are pending.
    • 00:02:52
      the gun case.
    • SPEAKER_07
    • 00:02:54
      Good afternoon, Denny Tevendale, Deputy County Attorney.
    • 00:02:57
      Could you say your name again please?
    • 00:02:59
      Denny Tevendale, Deputy County Attorney.
    • 00:03:02
      I'm aware of two cases that are still pending.
    • 00:03:04
      The legal gun case, which Mr. Herrick had handled for you all.
    • 00:03:09
      The record's been provided to the court.
    • 00:03:11
      The county has submitted an answer.
    • 00:03:13
      and the county's ready to proceed whenever the matter comes up, but it is really, the court has not scheduled a hearing at this time.
    • 00:03:21
      So we are just in a process of waiting at this point.
    • 00:03:25
      The King case, which you all heard in December, that was appealed and the county provided an answer back in January when we were required.
    • 00:03:34
      We're still waiting for the court to order us to present the record to them as well as to schedule a hearing on the matter.
    • 00:03:40
      So we're just waiting for the court.
    • SPEAKER_01
    • 00:03:44
      Thank you very much to serve the answer.
    • SPEAKER_04
    • 00:03:46
      And both of those cases were appealed by the landowner?
    • 00:03:48
      That's correct.
    • 00:03:49
      About the county?
    • 00:03:50
      That's correct.
    • 00:03:51
      Okay.
    • 00:03:51
      Yes.
    • 00:03:51
      And all the county cases have been dismissed and taken care of?
    • 00:03:55
      That's correct.
    • 00:03:56
      Okay.
    • SPEAKER_03
    • 00:03:56
      Yeah.
    • 00:03:57
      Mr. Cooper?
    • 00:04:01
      I don't remember the name of the case, but it's off of hydraulic, near hydraulic.
    • 00:04:07
      It was a zoning violation.
    • 00:04:09
      Mr. Kastenbeck maybe?
    • SPEAKER_07
    • 00:04:11
      The Kostelec matter?
    • SPEAKER_03
    • 00:04:14
      The road off between Hydraulic and Barash Road, the zoning violation.
    • SPEAKER_07
    • 00:04:22
      Is that Mr. Andrew King, the Old Forge Road?
    • 00:04:25
      That was the one that we heard in December that was appealed by the landowner.
    • 00:04:29
      The county has filed a response and that's the one that we're still waiting for.
    • SPEAKER_04
    • 00:04:33
      That's the old antique dump truck case.
    • 00:04:35
      I got it right or have I got it mixed up?
    • SPEAKER_07
    • 00:04:37
      I believe that's correct, yes.
    • SPEAKER_06
    • 00:04:40
      So the courts are all clogged up, is that what I'm hearing?
    • SPEAKER_07
    • 00:04:45
      I'm unaware why the court has not scheduled this yet.
    • 00:04:48
      The county has done what we've needed to move the case forward and it's really up with the court to get this scheduled.
    • SPEAKER_06
    • 00:04:54
      The mystery.
    • SPEAKER_04
    • 00:04:55
      The deputy county attorney will confirm, but when you go into court now, it's always been slow.
    • 00:05:01
      Yes.
    • SPEAKER_06
    • 00:05:02
      Oh, it takes a little while.
    • 00:05:03
      You have to have some patience.
    • 00:05:05
      Well, the gun one is like two years, something like that.
    • 00:05:09
      I mean, it's been a long time.
    • SPEAKER_04
    • 00:05:09
      Two years is pretty good.
    • 00:05:11
      Two years is about average, I'd say.
    • SPEAKER_06
    • 00:05:14
      Thank you.
    • 00:05:14
      You're welcome.
    • 00:05:16
      Thank you.
    • SPEAKER_01
    • 00:05:18
      OK, seeing that there's no further old business before the board, we'll move into the new business.
    • 00:05:25
      This is the BZA Legal Services Contract Renewal for Fiscal Years 2026-27.
    • 00:05:33
      This topic will be discussed in closed session.
    • 00:05:36
      And I would like to call for a motion, please.
    • SPEAKER_02
    • 00:05:42
      Move that we convene a closed meeting.
    • SPEAKER_03
    • 00:05:44
      Sure.
    • SPEAKER_02
    • 00:05:48
      I move that the Albemarle County Board of Zoning Appeals go into a closed meeting pursuant to section 2.2-3711A of the Code of Virginia under subsection 1 to discuss, consider, or interview prospective candidates for employment of legal counsel for the Board of Zoning Appeals.
    • SPEAKER_01
    • 00:06:10
      Is there a second on this motion, please?
    • SPEAKER_06
    • 00:06:13
      I'll second.
    • SPEAKER_01
    • 00:06:22
      Ms. Joseph has made the motion, the second on the motion.
    • 00:06:26
      I'd like the clerk to please call for the vote.
    • SPEAKER_05
    • 00:06:29
      Mr. Shepherd?
    • 00:06:31
      Aye.
    • 00:06:31
      Ms. Joseph?
    • 00:06:32
      Aye.
    • 00:06:33
      Mr. Burkhart?
    • 00:06:34
      Aye.
    • 00:06:34
      Mr. Carrington?
    • SPEAKER_01
    • 00:06:35
      Aye.
    • 00:06:38
      The outcome of the vote is four to zero for us to go into closed session.
    • 00:06:43
      We will now be going into closed session.
    • 00:23:45
      Okay, we will reconvene to open session and certify the closed meeting.
    • 00:23:55
      I see that everyone is returned, but I would like for the clerk to please call the roll to confirm that all members have returned.
    • SPEAKER_05
    • 00:24:03
      Mr. Shepherd?
    • 00:24:04
      Aye.
    • 00:24:04
      Mr. Burkhardt?
    • SPEAKER_01
    • 00:24:06
      Aye.
    • SPEAKER_05
    • 00:24:06
      Ms. Joseph?
    • 00:24:07
      Aye.
    • 00:24:08
      Mr. Carrington?
    • SPEAKER_01
    • 00:24:09
      Aye.
    • 00:24:11
      Okay, all four of us have returned.
    • 00:24:16
      I would like for a member to please make the following motion.
    • SPEAKER_03
    • 00:24:28
      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 session were heard, discussed, or considered at the closed meeting.
    • SPEAKER_01
    • 00:24:55
      Thank you very much.
    • 00:24:57
      Thank you very much.
    • 00:24:58
      Do I have a second to that motion?
    • SPEAKER_02
    • 00:24:59
      I second.
    • SPEAKER_01
    • 00:25:12
      Okay, we've had the second by Mr. Shepherd.
    • 00:25:14
      I'd like the clerk to please call for the vote.
    • SPEAKER_05
    • 00:25:17
      Mr. Shepherd?
    • 00:25:19
      Aye.
    • 00:25:19
      Ms. Joseph?
    • 00:25:21
      Aye.
    • 00:25:21
      Mr. Carrington?
    • SPEAKER_01
    • 00:25:22
      Aye.
    • SPEAKER_05
    • 00:25:23
      Mr. Burkhardt?
    • SPEAKER_01
    • 00:25:24
      Aye.
    • 00:25:26
      The outcome of the vote was 4-0 on the motion to certify the closed session, carried obviously by a vote of 4-0.
    • 00:25:33
      I'd like a member to make a suitable motion, please.
    • SPEAKER_02
    • 00:26:07
      Ms. Alley, do you think that the word renew is acceptable in this case given that there's like a slight edit?
    • 00:26:14
      So it's as submitted maybe?
    • SPEAKER_05
    • 00:26:24
      You could use renew or approve.
    • SPEAKER_02
    • 00:26:27
      Just approve, okay.
    • 00:26:29
      I move that the Albemarle County Board of Zoning Appeals approve the letter agreement dated September 1, 2026 to retain Mr.
    • 00:26:38
      Bowling as legal counsel for the Board of Zoning Appeals for fiscal year 26-27.
    • 00:26:44
      And in my motion, I would ask that we authorize the chairman to sign that letter agreement.
    • SPEAKER_06
    • 00:26:55
      I'll second.
    • SPEAKER_01
    • 00:26:59
      I'll ask the clerk to please call for the vote.
    • SPEAKER_05
    • 00:27:02
      Mr. Carrington?
    • SPEAKER_01
    • 00:27:02
      Aye.
    • SPEAKER_05
    • 00:27:04
      Mr. Shepherd?
    • 00:27:05
      Aye.
    • 00:27:05
      Ms. Joseph?
    • 00:27:06
      Aye.
    • 00:27:06
      Mr. Burkhart?
    • SPEAKER_01
    • 00:27:07
      Aye.
    • 00:27:09
      By a vote of four to zero, the motion carries.
    • 00:27:15
      Next order of business.
    • 00:27:18
      is the BZA annual report.
    • 00:27:19
      I assume that everybody in the agenda pack, everybody received the agenda pack and they've had a chance to take a look at this.
    • 00:27:25
      This will be submitted in the packet to the Board of Supervisors clerk for the October 7th, 2026 packet that they receive.
    • 00:27:35
      Anybody have any comments about the report?
    • 00:27:43
      Okay, seeing none, I'd like to
    • 00:27:48
      Let's go into the last item on the agenda, upcoming meeting information.
    • 00:27:53
      I'd like to ask staff if there's any updates to any new requests that may have been scheduled for an upcoming meeting.
    • SPEAKER_00
    • 00:28:02
      So first off, I'd like to introduce myself correctly here.
    • 00:28:10
      Francis MacCall, I am right now at the moment interim zoning administrator.
    • 00:28:16
      Pointed Zoning Administrator Mr. Svoboda has been selected as the Director of Community Development.
    • 00:28:24
      So taking some of the zoning administration work off of his shoulders for the time being,
    • 00:28:33
      He has appointed me as interim zoning administrator until we can get that hiring package out.
    • 00:28:39
      And then they actually get an advertisement for a zoning administrator out.
    • 00:28:44
      So just want to let you all know that.
    • 00:28:46
      So if we do here in the next few months, some other items, which there potentially may be one, and I'll explain to that in a second.
    • 00:28:53
      But I just wanted to make sure you all understood that coming up.
    • 00:28:55
      So you probably won't see Bart's face here at the meetings more than likely.
    • 00:29:01
      But we do have one item that was an appeal was submitted and accepted for a determination of a particular use at an agricultural operation.
    • 00:29:15
      We're in the process right now of potentially sitting down with the applicant to discuss whether or not that really will need to move forward.
    • 00:29:22
      If it does move forward, it would probably be the November meeting for that time.
    • SPEAKER_01
    • 00:29:28
      Well, thank you very much.
    • 00:29:31
      I'm just curious about the interaction with your staff and the general public.
    • 00:29:35
      Have you had many coming in with inquiries about here's what we have in mind, how do we go about it?
    • 00:29:42
      Just kind of an informational interview of sorts with your staff.
    • SPEAKER_00
    • 00:29:47
      Could you say that again?
    • SPEAKER_01
    • 00:29:48
      For example, if I had something that I would like to bring forward and there's a zoning issue, have you had much interaction with the public in terms of people coming in, trying to get clarification, guidance where you might say on this particular issue, it might be something that we can work out just as I think you're trying to do on this one or direct them toward the appeal process?
    • SPEAKER_00
    • 00:30:13
      Yes, I mean that happens on a fairly regular basis.
    • 00:30:16
      We will sit down with
    • 00:30:19
      people that are making inquiries about uses or whatever it might be.
    • 00:30:23
      And just so you know, I mean, I've got one right now that's asking about something that could potentially be considered a data center.
    • 00:30:34
      And it's something that's, but there's some intricacies there and we'll do the interpretation.
    • 00:30:39
      That's what the zoning administrator's position is for is to make that.
    • 00:30:44
      And so, yeah, we're constantly working those kinds of avenues.
    • 00:30:49
      I believe a couple of your colleagues on the board know of those processes and how that actually works when it comes to working with the public and the inquiries and then decisions that are made and then whether they're appealed or not.
    • 00:31:03
      So, yes.
    • 00:31:04
      Thank you.
    • SPEAKER_03
    • 00:31:06
      I heard a lot of words and I just heard the word data center in a lot of words, but thank you for your explanation and answer to the question.
    • 00:31:17
      That's just a personal remark.
    • SPEAKER_01
    • 00:31:22
      That may be forthcoming.
    • 00:31:25
      Maybe.
    • 00:31:26
      Yep, that may be.
    • 00:31:29
      With my colleagues, is there anything else that you would like to ask of staff?
    • SPEAKER_02
    • 00:31:34
      I was just going to note that if we do, in fact, have that November meeting, it's one of the exceptions on our calendar.
    • 00:31:40
      It's the second Tuesday, I believe, rather than because of Election Day.
    • 00:31:44
      Is that tracking with everything that you all have on the calendar?
    • SPEAKER_05
    • 00:31:48
      I believe that when the schedule was approved, it was approved for the second Tuesday of November.
    • SPEAKER_02
    • 00:31:52
      Yeah, I just pulled that up.
    • SPEAKER_01
    • 00:31:53
      I just want to make sure that hadn't changed.
    • 00:31:54
      Thank you.
    • 00:31:55
      I guess I'll move on and ask, is there any additional new business anybody would like to bring up at this time?
    • 00:32:04
      All right.
    • 00:32:05
      Seeing none, then we'll move on to the last part of the meeting, the adjournment.
    • 00:32:11
      I'd like to have a motion to adjourn, please.
    • SPEAKER_06
    • 00:32:16
      I move we adjourn.
    • SPEAKER_01
    • 00:32:18
      I second.
    • SPEAKER_06
    • 00:32:21
      According to my watch.
    • SPEAKER_01
    • 00:32:23
      Okay.
    • 00:32:23
      Ms. Joseph has made the motion.
    • 00:32:25
      Mr. Carrington has seconded the motion.
    • 00:32:27
      I'll ask the clerk to please call for the vote.
    • SPEAKER_05
    • 00:32:31
      Mr. Shepherd.
    • 00:32:33
      aye, Ms. Joseph, aye, Mr. Carrington, aye, Mr. Burkhart, aye.
    • SPEAKER_01
    • 00:32:39
      Thank you very much.
    • 00:32:41
      The outcome of the vote is four to zero.
    • 00:32:45
      We are adjourning at, I see 2 33, I believe.
    • SPEAKER_03
    • 00:32:50
      Sure.
    • SPEAKER_01
    • 00:32:51
      Okay.
    • 00:32:51
      2 33 PM.
    • 00:32:53
      Thank you very much.