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HomeMy WebLinkAboutAP202100003 Minutes 2022-02-01ALBEMARLE COUNTY BOARD OF ZONING APPEALS VIRTUAL MEETING TUESDAY, FEBRUARY 1, 2022 —2:00 P.M. Board Members: John Shepherd Marcia Joseph Ed Robb Edward (Bo) Carrington, uhsen/ Kurt Burkhart Staff Members: Bart Svoboda. Zoning Administrator Francis MacCall, Deputy Zoning Administrator Lisa Green, Manager of Code Compliance Leah Brumfield, Senior Planner Marsha Alley. BZA Clerk and Recorder County Attorney: Andy I lerrick. Deputy County Attorney BZA Attorney: James Bowling, IV 1. Call to Order The meeting was called to order at 2:00 p.m. by Chairman John Shepherd. Mr. Shepherd read the following statement into the record: "Good afternoon. As Chair of the Albemarle County Board of Zoning Appeals, I call the meeting for February 1, 2022 to order. This meeting is being held pursuant to and in compliance with Ordinance No. 20-A(16), 'An Ordinance to Ensure the Continuity of Government During the C'OVID-19 Disaster. The BZA members who are electronically present at this meeting are: John Shepherd, Edgar Robb, Kurt Burkhart, and Marcia Joseph. The opportunities for the public to access and participate in the electronic meeting are posted on the Albemarle County website on the Board ol'Zoning Appeals Iwme page and on the Albemarle County calendar. Participation will include the opportunity to comment on those matters ibr which comments from the public will be received." 2. Establish a Quorum Mr. Shepherd identified those members electronically present as listed and established a quorum noting that Mr. Carrington was absent. 3. Annual Organizational Meeting_ A. Election of Officers MOTION: Mr. Shepherd moved to nominate Marcia Joseph for Chair. Mr. Robb seconded the motion, which passed 4-0. Ms. Joseph accepted her position as Chair. MOTION: Mr. Shepherd moved to nominate Bo Carrington for Vice -Chair and noted that Mr. Carrington had consented to accepting the position if elected. Mr. Burkhart seconded the motion. which passed 4-0. MOTION: Ms. Joseph moved to nominate John Shepherd for Secretary. Mr. Robb seconded the motion, which passed 4-0. B. Review and Re -Adopt Rules of Procedure Mr. Burkhart suggested a revision regarding the use of "she and her." as well as "his and her verbiage." in the Rules of Procedure. Mr. Bowling advised that the procedures can be amended by a majority vote of the 13ZA at the next regular meeting following a regular meeting at which notice of the motion to amend is given. Mr. Herrick concurred and said if it were the consensus of the Board to make that change, staff would edit the proposed rules accordingly and bring them back for a formal vote at the next meeting. MOTION: Mr. Shepherd moved that the BZ.A amend the Rules of Procedure to address all non -gender - neutral passages and bring them back for consideration. The motion was seconded by Mr. Robb and passed 4-0. C. Review and Adopt 2022 Meeting Schedule MOTION: Mr. Robb moved to adopt the 2022 Meeting Schedule as presented. Mr. Shepherd seconded the motion. which passed 4-0. 4. Public Hearings A. AP2021-003 Appeal of LOD2021-013 Homestays Ownership Eligibility Mr. Shimp stated that the applicant was requesting delerral until the following month, as they could not be present at this meeting. Ms. Joseph noted that it has to be readvertised and may take more than a month. Mr. Svoboda said if the BZA defers to a date specific, it would negate the need to readvertise Mr. Herrick confirmed that there was a meeting scheduled for March 1, 2022. MOTION: Mr. Burkhart moved to defer AP2021-003 to March 1, 2022. Mr. Shepherd seconded the motion, which passed 4-0. 5. Approval of Minutes A. July 6, 2021 Mr. Burkhart said he wanted to clarity that he was absent for adjournment due to technical difficulties in rejoining the meeting. Ms. Joseph said the minutes did not need to be verbatim and she would like to see the time of adjournment included in the minutes. Mr. Svoboda indicated that staff was working with the transcription service on summarizing. MOTION: Mr. Burkhart moved to approve the minutes of July 6, 2021 as amended. Mr_ Robb seconded the motion, which passed 4-0. 6. Old Business A. BZA Annual Report for 2021 — Submitted to BOS in September 2021 for review at the October 6, 2021 BOS meeting. The report was received for inforniation. 7. New Business A. Convene to Closed Session to discuss, consider, or interview prospective candidates for employment — BZA Legal Services Contract renewal for FY2022-23 MOTION: At 2:34 p.m. Mr. Shepherd moved that the Board of Zoning Appeals go into a closed meeting pursuant to Section 2.2-371 I(A)(1) of the Code ol' Virginia, Under Subsection 1, to discuss employment of legal counsel for the Board of Zoning Appeals. Mr. Robb seconded the motion, which passed 4-0. B. Reconvene to Open Session — Certify Closed Meeting MOTION: At 2:55 p.m.. Mr. Shepherd moved that the Albemarle County Board of Zoning Appeals certify by a recorded vote that, to the best of each member's knowledge, 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 in the closed session. Mr. Burkhart seconded the motion, which passed 4-0. C. Take action on business discussed during Closed Session, if applicable MOTION: Mr. Shepherd moved that the BZA continue its engagement with dames Bowling for the fiscal year beginning July 1, 2022 and request that the Board of Supervisors authorize compensation to Mr. Bowling in the amount of $350 per hour with an annual cap of $5.000. representing a $50 per hour increase from the previous two years. Mr. Robb seconded the motion, which passed 4-0. 8. Adjournment MOTION: Mr. Shepherd moved to adjourn the meeting. Mr. Robb seconded the motion, which passed 4-0. The meeting adjourned at 3:01 p.m. (Recorded by Marsha Alley and transcribed by Golden Transcription Services) Respectfully Submitted. Secretary Board of Zoning Appeals