The Albemarle County Board of Zoning Appeals voted 3-0 on Dec. 2 to dismiss an appeal from the owner of 1701 Old Forge Road, effectively upholding the zoning administrator’s determination and allowing the county to pursue civil enforcement unless the owner appeals to circuit court.

County Attorney Andy Herrick urged the board to treat the hearing in stages and granted the board counsel’s request to consider first whether the appeal should be dismissed for procedural defects. Herrick told the board that the appeal, while timely filed, did not "specify the grounds thereof," and cited Virginia Code §15.2‑2311(a) and county Code §18‑34.3(b) as requiring written grounds with the filing.

Appellant attorney Maynard Saip said the owner filed the initial appeal in person and had difficulty with the online submission; Saip said staff assisted entering the application and that a subsequently dated letter containing grounds had been mailed to the county. "I think the staff person was very helpful to him," Saip said, adding that the state‑code language should be read as directory rather than mandatory in every instance.

Board members examined the statute’s wording and questioned whether the county’s local ordinance — which places the word "shall" in front of the specificity requirement — improperly narrows state law. One member who identified himself as a law professor said his reading of the statute favored treating "shall" as mandatory for both the 30‑day filing deadline and the requirement to specify grounds.

After discussion about fairness, the timing of filings, and a staff note indicating the appellant had facility to upload grounds on Oct. 7, a motion to dismiss was made and seconded. The clerk recorded votes of Aye from Miss Joseph, Mister Rosenberg and Mister Burkhart; the motion carried, and the chair explained that the dismissal leaves the county free to pursue civil penalties and that the owner retains the right to appeal to the circuit court.

Neighbor Ed Basham, who spoke during public comment, described large trucks, trailers and other equipment on the property and urged the board to ensure the debris was removed. "It doesn't belong there," Basham said, noting the neighborhood’s about 54 homes and an average assessment around $750,000.

County counsel described enforcement options the county could pursue if the BZA’s jurisdiction ends: civil penalties begin at $200 for a first violation, then $500 every 10 days up to a $5,000 cap, with the possibility of abatement orders or further court action. Staff also noted that, in some cases, the county will seek reimbursement for abatement costs or pursue other remedies.

The board treated the dismissal as a final administrative determination by the BZA; the owner may file a lawsuit in circuit court to challenge that outcome or seek a formal reconsideration in writing to the board for future meetings.