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BZA receives training on appeals and variances from county counsel
Summary
Attorney Tracy Galler of Sands Anderson presented a procedural training to the Caroline County BZA on appeals, variances and hearing protocol, emphasizing the zoning administrator’s presumption of correctness, evidence standards, and record-making for decisions.
The Caroline County Board of Zoning Appeals received a procedural training on appeals and variances from attorney Tracy Galler of Sands Anderson at its Oct. 16, 2025 meeting. Galler, counsel to county staff, briefed the board on the BZA’s quasi-judicial role, hearing protocol, and the standards the board must apply when deciding appeals and variance requests.
Galler emphasized that appeals typically challenge determinations by a zoning administrator and that, under the Code of Virginia and the county zoning ordinance, the zoning administrator’s determination is presumed correct. She told the board the appellant bears the burden of overcoming that presumption by a preponderance of the evidence (more likely than not). Both sides must be afforded equal time to present their cases; written staff and applicant materials will normally be provided before the hearing.
On appeals, Galler…
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