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HomeMy WebLinkAboutAP202000001 Correspondence 2020-07-22 (2)V County of Albemarle Department of Community Development Memorandum To: Members, Board of Zoning Appeals From: Bart Svoboda, Zoning Administrator Date: July 22, 2020 Subject: AP 202000001 R.A. Yancey Lumber Corporation Request to extend the deferral Virginia Code § 15.2-2312 requires that the Board of Zoning Appeals make its decisions within ninety days of the filing of an application or appeal. However, the 90—day time period for appeals in Code § 15.2-2312 is directory rather than mandatory. The BZA does not lose jurisdiction to render a decision on an appeal of a Zoning Administrator's action after 90 days has passed. Tran v. Bd. of Zoning Appeals of Fairfax Cly., 260 Va. 654, 658, 536 S.E.2d 913, 916 (2000). Under Rule 2(D) of the BZA's Rules of Procedure (attached), an appellant may request a deferral. The above -captioned appeal has been scheduled for the August 4, 2020 Board of Zoning Appeals meeting. The appeal (AP2020-001) was originally scheduled for the Board of Zoning Appeals in April 2020. On March 13, 2020, the appellant requested by email that its appeal be deferred to June 2020. Due to the ongoing COVID-19 pandemic, the deferral was granted in order to plan for an electronic meeting in June 2020. At the June 2, 2020 electronic meeting, the BZA granted the appellant's request for deferral to allow the Board of Supervisors (BOS) to first decide the appellant's pending special exceptions request scheduled for July 15, 2020. The Board of Supervisors (BOS) granted several of the special exceptions requests on July 15, 2020. However, the special exceptions relating to the stacker/sorter were deferred to the August 5, 2020 BOS meeting to allow for staff to clarify in greater specificity the conditions to be written for the remaining special exception requests. Summary The appellant is moving through the special exception process, with final decisions by the Board of Supervisors expected on August 5, 2020. Therefore, the appellant is requesting an extension of the deferral to the September 1, 2020 BZA Meeting (attached). AP2020-00001 2 August 4, 2020 ALBEMARLE COUNTY BOARD OF ZONING APPEALS RULES OF PROCEDURE 2. Meetines D. Deferrals. The BZA may defer any matter at the request of a member of the BZA, the County staff, or the applicant or appellant. The request may be made either orally at the meeting, or in writing, and may be made at any time prior to the vote on the matter. The person making the request shall state the reasons therefore. In considering a request for a deferral of a hearing of an appeal or an application for a variance pertaining to a zoning violation, the BZA shall consider the reasons for the deferral if the request is submitted by the appellant or applicant, the recommendation of staff, and the members of the BZA. In making its decision to grant or deny a request, the BZA shall consider the following factors: (1) whether the deferral would promote fairness in the process; (2) whether the deferral would be solely for the convenience or personal benefit of the appellant or applicant; (3) whether the deferral would delay the enforcement or abatement of a violation that is adversely affecting an abutting property, a neighbor, the neighborhood or the public; (4) whether the deferral would allow the appellant or applicant to resolve the underlying issues so that BZA action might be unnecessary; and (5) whether the deferral would allow the BZA to make its decision within ninety days of the filing of the application or appeal, in conformance with Virginia Code § 15.2- 2312. A motion to defer shall either specify the date to which the matter is deferred or defer the matter indefinitely. If the motion to defer pertains to a matter for which a noticed public hearing is required and the motion is to defer the matter to a specific date, the Chair shall either close the public hearing or, if the public hearing was not opened, open and then close the public hearing, before the BZA votes on the motion. AP2020-00001 3 August 4, 2020 From: Long, Valerie <vlone@williamsmullen.com> Sent: Tuesday, July 21, 2020 5:18 PM To: Bart Svoboda <bsvoboda@albemarle.ore> Subject: Appeal 2020-00001 R. A. Yancey Lumber Corporation CAUTION: This message originated outside the County of Albemarle email system. DO NOT CLICK on links or open attachments unless you are sure the content is safe. Bart, In connection with Appeal 2020-00001 R. A. Yancey Lumber Corporation, please accept this communication as the appellant's request to extend the deferral of the appeal to the September, 2020 BZA Meeting, or otherwise until after the Board of Supervisors takes final action on the company's remaining special exception requests. As you know, at its meeting on July 15th, the Board of Supervisors granted approval of the majority of the applicant's requested special exceptions, and deferred the three special exceptions pertaining to the sorter and stacker buildings to its next meeting, which is scheduled for August Sth. The purpose of the Board of Supervisors' deferral is to allow time for staff to clarify the conditions of approval for the remaining requests. At the July 15th meeting I discussed with the Board of Supervisors the challenges involving the sequencing of the two meetings, with the BZA meeting on August 4th and the Board of Supervisors meeting the following day on August 5th, and that we would need to request that the BZA hearing deferral be extended to accommodate the schedule. As such, the Board of Supervisors is aware of the timing issue and aware that we would be making this request. Because this request would allow the appellant the opportunity to fully resolve the underlying issues such that the BZA's action might be unnecessary, and for similar reasons as stated in my letter to you of May 22, 2020 on this issue, we ask that the BZA extend the matter until after the Board of Supervisors has taken final action on the company's remaining special exception requests. Please let me know if you require anything further to effectuate this request. Thank you, Valerie Valerie Wagner Long I Attorney I Williams Mullen 321 East Main St. Suite 400 1 Charlottesville, VA 22902-3200 T 434.951.5709 1 C 434.242.6792 1 F 434.817.0977 1 vlong(a)williamsmullen.com www.williamsmullen.com NOTICE: Information contained in this transmission to the named addressee is prupnetary and is subject to attorney -client privilege and work product confidentiality. If the recipient of this transmission is not the named addressee, the recipient should immediately notify the sender and destroy the information transmitted without making any copy or distribution thereof.