Albemarle Board of Zoning Appeals to take up case of buildings on Polo Ground Road that staff declared illegal

When a landowner is declared to be in violation of Albemarle’s zoning code, thus begins the beginning of a process that is governed by the judicial system. The five-member Board of Zoning Appeals is the first body that will hear claims that Albemarle staff made a wrong determination.

Such is the case for the public hearing on Tuesday that begins at 2 p.m. in Lane Auditorium of the county’s office building at 401 McIntire Road. A firm called Polo G LLC owns land on the north side of Polo Grounds Road and they have placed three modular buildings on land zoned Rural Area. One representative, Dominique Kostelac, had met with staff on January 31, 2022 to discuss a potential application for a private school on the 1.13 acre lot. No application was filed.

“On May 24, 2022, the County received a complaint regarding tree clearing on the lot, a driveway being installed, and modular structures being delivered without erosion control measures and without building permits,” reads the staff report. (meeting info)

Staff found that the tree clearing was allowed under the zoning and sediment control measures were not required because the total amount cleared was less than 10,000 square feet. However, the mobile classrooms that were present were not allowed to be stored on the property under the zoning. They’re also within the 100-year floodplain, something Albemarle does not allow.

A zoning violation was sent on June 13, 2022, but that’s not the subject of this appeal. Neither is a violation from the Virginia Department of Transportation that Kostelac created an approved entrance onto Polo Grounds Road. Polo G LLC sued VDOT and there is a hearing in Albemarle County Circuit Court scheduled for January 25, 2025.

In early March, Albemarle’s zoning administrator asked the county attorney’s office to file a warrant-in-debt against Polo G LLC for continued non-compliance.The county and Kostelac continued to meet and a trial had been set for September 25, 2023. However, the case was delayed when a neighbor wrote to the judge assigned the case which created a conflict of interest.

In January, a new judge dismissed the county’s case on a technicality because the notice of the violation was not sent to the Polo G LLC’s registered agent. This reopened the investigation and the structures were found to still be standing. That March staff requested the right to enter the property to do an on-site inspection, but permission was not given. Inspections were conducted from the roadway. A warrant to enter the site was issued by a Magistrate in August and a closer look found that the buildings were industrial.

“Additionally, the interiors of the buildings resembled those of a school, featuring exam rooms, an area that appeared to be designated for a bathroom, signage for a staff room, a nurse’s room, artwork on the walls, and other similar elements,” the staff report continues. Another notice of a zoning violation was filed and that is the subject of this appeal.

The written narrative for the appeal argues that the county gathered their evidence without a warrant and has done so on two other properties.

“To the degree that any evidence presented by Albemarle County was obtained without a warrant, it is the ‘fruit of the forbidden tree’ and is inadmissible as evidence,” the narrative continues. “Additionally, the County may have colluded with VDOT and neighbors to trespass on the property to gather evidence and destroy our entry to the parcel and obstructed our lawful use.”

The narrative states the trailers would have been moved by now but VDOT’s destruction of their entrance. They claim agricultural use allows them to do what they want.

“This is simply an administrative harassment to accommodate the neighborhood’s political will,” reads the appeal notice. “Our governments are not empowered to protect the majority. They are created exclusively to protect individual rights and to intervene when a powerful majority attacks the rights of a minority.

Kostelac writes that the parcel is not industrial and the use intended is purely agricultural.

In other meetings for December 3, 2024:

• The Charlottesville Sister Cities Commission will meet at 4:30 p.m. in City Space. They’ll discuss the recent state conference and discuss the group’s long-term goals. (agenda packet)
• The Agricultural-Forestal Districts Advisory Committee will meet at 5:30 p.m. in Room 241 of the county’s office building at 401 McIntire Road. There will be a review of several districts ranging from Carter’s Bridge to Pasture Fence Mountain. (meeting info)

Before you go: The time to write and research of this article is covered by paid subscribers to Charlottesville Community Engagement. In fact, this particular installment is from the December 2, 2024 Week Ahead edition of the newsletter.