No, because if the BZA rejects the appeal, they can still move the wall. |
I disagree that the errors and changes made warrant the equivalent of a $100-150k fine. The cost doesn't need to be that much to deter those things. I think some of the posters here are under the mistaken impression that this would be torn down and not rebuilt. That's not going to happen then they've already bought the materials. They'll change whatever they have to in order to salvage it. |
That's exactly what they said was the very expensive alternative. |
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Of course they said it was an expensive alternative. What else were they going to say?
Noticed their letter didn’t say how much it would cost. Expensive is relative term.. |
Which is an amendment to the existing building plans. Which will need approval from the BZA. It's more likely to get approved, but I wouldn't be willing to make a bet either way. |
It wouldn't need to go to the BZA. |
It might get more than just an LDS review. It's not a trivial change to move a three story wall 6". |
But it wouldn't need any special approvals from the BZA. And the current zoning rules would apply even if county manages to push through a change. |
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***Update for 02/02/26***
The revisions for the building permit amendment have been APPROVED. Unfortunately there is not any detail on the website about what ended up being approved within the revisions. I do not believe though the homeowner is able to continue with any construction however since the zoning issue remains open and the stop work order references this issue needing to be resolved. |
The neighbors need to hire an attorney to sue over this approval. Definitely an arbitrary and capricious decision by the country and they would have standing to sue county. |
They are legally allowed to consider this for a zoning variance request. BZA is explicitly allowed to consider impacts on neighborhood character when people are requesting a variance to zoning rules. |
I believe that's the amendments to correct the garage deletion and window changes.
https://plus.fairfaxcounty.gov/CitizenAccess/Cap/CapDetail.aspx?Module=Building&capID1=REC25&capID2=00000&capID3=02WDI&agencyCode=FFX |
I think that is great news. I hope the neighbors waste all their income on further litigation. If living in a neighborhood with an HOA was important to them, the picked the wrong subdivision. Their money would be best spend renting out their house and finding a new place to live. |
It really isn't in the neighbors' best interests to fight this. The addition will be build either way. How much is it worth in legal fees to force the homeowner to push back the wall 6-10 inches? And if the homeowner has to spend a hundred thousand dollars on that, they're going to need to cut costs elsewhere on non-critical elements. Those are going to be design elements impacting aesthetics, not structural elements. |
IMHO, there aren't $100,000 in aesthetic design elements in this structure. It's already a box with siding. You can't trim (ha ha) much else. |