LCD Acquisitions appeals BAR’s Mark denial to Council

In a major test of the city’s new Development Code, Charlottesville City Council will be asked to reconsider the Board of Architectural Review’s denial of a certificate of appropriateness to incorporate two 19th century structures into a new seven-story apartment building.

Mitchell Matthews filed an appeal of the BAR’s December 16, 2025 decision on behalf of LCD Acquisitions. Attorney Steven Blaine with WoodsRogers makes four arguments including an argument that the BAR’s actions are without reason.

“The BAR actions were arbitrary and capricious in that they stated on the record that the Project’s treatment of the IPPs was commendable, but they denied the COA on the grounds that they disagreed with the Property’s underlying zoning,” Blaine wrote in the appeal’s introduction. (read the appeal letter)

The BAR’s review is governed by section 5.2.7 of the Development Code which lists several criteria that members must cite when denying a certificate of appropriateness.

Blaine’s first argument is that the BAR did not provide any facts to back up their argument and merely cited several criteria.

“The vagueness of the BAR’s official action requires speculation and conjecture by the Council in this appeal, and fails to satisfy the requirements of Section 5.2.7.C.2.a, which requires the BAR to approve the COA unless it finds that the Project does not meet specific standards set forth in the Development Code, and that the Project is incompatible with the historic, cultural or architectural character of the IPP,” reads a further description.

A second argument is that the BAR exceeded its scope by subjecting the entire project to design review. The other three parcels do not require any design review.

“To the extent that the BAR’s determination… extended to elements of the Project outside the IPPs, such as its overall massing and height, it acted beyond its jurisdiction, and therefore unreasonably and without authority,” the appeal continues.

The third argument is that the BAR used its existing guidelines in a way to subvert the zoning ordinance, pointing out it had been adopted unanimously by Council in December 2023.

“The record will reflect that the BAR was fully aware of the permitted zoning parameters, yet at the conclusion of the public hearings, at the urging by members of the public (including a

current City Council member) the BAR disregarded the zoning,” reads more of the appeal.

The appeal is not a public hearing. If Council upholds the BAR, LCD Acquisitions can take the matter to Charlottesville Circuit Court. The appeal has not yet been scheduled.

Before you go: Paid subscribers cover the cost of conducting research for this article which was originally published in the January 6, 2026 of Charlottesville Community Engagement.  You can pay for a subscription through Substack, make a monthly contribution through Patreon, or consider becoming a sponsor. That last one is still in the works do drop me a line!

The goal of Town Crier Productions is to increase awareness about what is  happening at the local, regional, state, and federal government levels. Please share the work with others if you want people to know things.