HomeMy WebLinkAboutAP200900006 Correspondence 2009-06-23To: Albemarle County Board of Zoning Appeals
CC: Rev. Daniel E. Carlton, Pastor, Spring Hill Baptist Church; Greg Kamptner, Esquire, Dep.
Co. Attorney; Andy Herrick, Esquire Assist. Co. Attorney; Amelia McCulley, Zoning
Administrator; Bill Fritz, Chief of Current Development; Rob Heidi, Manager of Zoning
Enforcement; John Jones, Code Enforcement Officer; Ana Kilmer, Zoning Assistant
From: Ronald L. Higgins, Chief of Zoning
Date: June 23, 2009
Re: Spring Hill Baptist Church BZA Appeal — AP2009 -006- Appeal not timely
We are in receipt of an appeal, dated June 5, 2009, from the Reverend Dan Carlton of the Spring Hill
Baptist Church. This was to appeal a Notice of Violation that was issued on May 5, 2009. By our
count this was filed 31 days after the date of the Notice of Violation being appealed from and
therefore was not timely in accordance with the zoning ordinance.
Section 34.3 of the Albemarle County Zoning Ordinance states:
"Appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer,
department, board or bureau of the county affected by any decision of the zoning
administrator. Such appeal shall be taken within thirty (30) days after the decision appealed
from by filing with the zoning administrator, and with the board of zoning appeals, a notice of
appeal specifying the grounds thereof."
Staff is of the opinion that this appeal was not fled within the time specified in the ordinance and
therefore, the board should dismiss it. This has been placed on your July 7, 2009 agenda for this
reason. If you have any questions please feel free to contact me at 296 -5832, ext. 3225.