Massive home addition causes confusion in Fairfax County neighborhood

[Anonymous]

Anonymous wrote:

Anonymous wrote:Like many things in life, it looks like the winners here will ultimately be the lawyers, as this has the potential to be tied up in the courts for a while.

If anyone needs an attorney in this matter, it is the next-door neighbor. Should the BZA somehow rule in favor of the owners of the addition, the next-door neighbor, as an aggrieved party, has 30 days to file an appeal to the Circuit Court per Virginia Code 15.2-2314. In a TV inteview, the next-door neighbor lamented that that there was nothing she could do to stop the project, however as a result of the permittee violating setbacks and it moving to the appeals process, she now has some cards to potentially play.

The owner of the addition would also be within their rights to file an appeal if the ruling is unfavorable to him.

Once an appeal can make it to the the courts, the BZA no longer has any say. BZA approvals absolutely can be overturned in the courts. Cochran v. Fairfax County Board of Zoning Appeals found that zoning variance can only be granted by authorities is if that zoning bylaw makes all reasonable beneficial use lost on that property. I am not a judge, but I would find it difficult to successfully argue that a denial of the variance renders ALL beneficial use lost on the property.

Should the next-door neighbor, or some other aggrieved party with standing choose to appeal and litigate, it may be some time before any progress is made, be it construction in its current form, alteration, or demolition. It is certainly not good for the owners however to have the addition remain in limbo for long as unfinished construction can deteriorate quickly. The next-door neighbor will be stuck in the meantime with an unfinished white-elephant next to her. This situation underscores why it is critical to do all of the proper planning and monitoring to mitigate this sort of thing happening after construction has started.

If the owners were smart, they’d take this thing down now. It would be cheaper than trying to litigate and they could restore their neighborhood to the apparently happy place it was before they began building this three story addition.

It could be and “All's well that ends well” situation in the end for all concerned.

That doesn't seem likely. They still don't have much of an alternative to their space needs, so presumably they'd try to modify the existing plan and structure if they can't get a special permit. But that might depend on how much of the structure is over the line and some details with the materials- namely, the floor trusses.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Like many things in life, it looks like the winners here will ultimately be the lawyers, as this has the potential to be tied up in the courts for a while.

If anyone needs an attorney in this matter, it is the next-door neighbor. Should the BZA somehow rule in favor of the owners of the addition, the next-door neighbor, as an aggrieved party, has 30 days to file an appeal to the Circuit Court per Virginia Code 15.2-2314. In a TV inteview, the next-door neighbor lamented that that there was nothing she could do to stop the project, however as a result of the permittee violating setbacks and it moving to the appeals process, she now has some cards to potentially play.

The owner of the addition would also be within their rights to file an appeal if the ruling is unfavorable to him.

Once an appeal can make it to the the courts, the BZA no longer has any say. BZA approvals absolutely can be overturned in the courts. Cochran v. Fairfax County Board of Zoning Appeals found that zoning variance can only be granted by authorities is if that zoning bylaw makes all reasonable beneficial use lost on that property. I am not a judge, but I would find it difficult to successfully argue that a denial of the variance renders ALL beneficial use lost on the property.

Should the next-door neighbor, or some other aggrieved party with standing choose to appeal and litigate, it may be some time before any progress is made, be it construction in its current form, alteration, or demolition. It is certainly not good for the owners however to have the addition remain in limbo for long as unfinished construction can deteriorate quickly. The next-door neighbor will be stuck in the meantime with an unfinished white-elephant next to her. This situation underscores why it is critical to do all of the proper planning and monitoring to mitigate this sort of thing happening after construction has started.

If the owners were smart, they’d take this thing down now. It would be cheaper than trying to litigate and they could restore their neighborhood to the apparently happy place it was before they began building this three story addition.

It could be and “All's well that ends well” situation in the end for all concerned.

That doesn't seem likely. They still don't have much of an alternative to their space needs, so presumably they'd try to modify the existing plan and structure if they can't get a special permit. But that might depend on how much of the structure is over the line and some details with the materials- namely, the floor trusses.

There are actually many alternative solutions to their space “needs”. It could save money in the long run to cut their losses on this construction and pursue other possibilities.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Thank you to the above poster who laid out the whole BZA process.

I do suspect that the homeowner is going to be very close (if not over) the 10% setback variance threshold.

A 10% threshold is 9.6 inches (10% of 96 inches) They are currently sitting at 6 inches short. An additional 3.5 inches more will be over 10%. Add in siding, gutters, roof line, etc it could easily go over the 10% threshold.

Gutters alone are 5 or 6 inches.

Standard gutters, yes. But you can get narrow gutters that are only a few inches wide.

I'm not sure if the county was already measuring to the current roof line. If so, they can probably squeak under 9.6 inches with special gutters. The siding isn't going to extend past the roof line.

Regarding gutter widths:

Mini Gutters (approx. 3 inches / 75mm): These are the narrowest option available and are generally used for small structures like sheds, greenhouses, summer houses, or bay windows. They are not intended for full-sized residential properties.

4-Inch Gutters: These are considered an outdated or narrow standard for modern homes. They are typically only sufficient for very small roofs in areas with light rainfall and are not recommended for most residential applications due to the risk of overflowing during heavy storms.

5-Inch Gutters: This is the most common and standard size for residential properties in the United States. They offer a good balance of capacity and affordability for average-sized homes in moderate climates.

Hope the owner doesn’t go with narrow gutters or the neighbor may have some overflow issues into their yard.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Thank you to the above poster who laid out the whole BZA process.

I do suspect that the homeowner is going to be very close (if not over) the 10% setback variance threshold.

A 10% threshold is 9.6 inches (10% of 96 inches) They are currently sitting at 6 inches short. An additional 3.5 inches more will be over 10%. Add in siding, gutters, roof line, etc it could easily go over the 10% threshold.

Gutters alone are 5 or 6 inches.

Standard gutters, yes. But you can get narrow gutters that are only a few inches wide.

I'm not sure if the county was already measuring to the current roof line. If so, they can probably squeak under 9.6 inches with special gutters. The siding isn't going to extend past the roof line.

Regarding gutter widths:

Mini Gutters (approx. 3 inches / 75mm): These are the narrowest option available and are generally used for small structures like sheds, greenhouses, summer houses, or bay windows. They are not intended for full-sized residential properties.

4-Inch Gutters: These are considered an outdated or narrow standard for modern homes. They are typically only sufficient for very small roofs in areas with light rainfall and are not recommended for most residential applications due to the risk of overflowing during heavy storms.

5-Inch Gutters: This is the most common and standard size for residential properties in the United States. They offer a good balance of capacity and affordability for average-sized homes in moderate climates.

Hope the owner doesn’t go with narrow gutters or the neighbor may have some overflow issues into their yard.

The neighbor is uphill.

[Anonymous]

Are gutters even required in Fairfax County?

[Anonymous]

Anonymous wrote:Are gutters even required in Fairfax County?

Let's build a sloped roof, angle it towards the neighbor's lot and skip the gutters.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Are gutters even required in Fairfax County?

Let's build a sloped roof, angle it towards the neighbor's lot and skip the gutters.

Slope the roof and you’ll need a height variance

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Thank you to the above poster who laid out the whole BZA process.

I do suspect that the homeowner is going to be very close (if not over) the 10% setback variance threshold.

A 10% threshold is 9.6 inches (10% of 96 inches) They are currently sitting at 6 inches short. An additional 3.5 inches more will be over 10%. Add in siding, gutters, roof line, etc it could easily go over the 10% threshold.

Gutters alone are 5 or 6 inches.

Standard gutters, yes. But you can get narrow gutters that are only a few inches wide.

I'm not sure if the county was already measuring to the current roof line. If so, they can probably squeak under 9.6 inches with special gutters. The siding isn't going to extend past the roof line.

Regarding gutter widths:

Mini Gutters (approx. 3 inches / 75mm): These are the narrowest option available and are generally used for small structures like sheds, greenhouses, summer houses, or bay windows. They are not intended for full-sized residential properties.

4-Inch Gutters: These are considered an outdated or narrow standard for modern homes. They are typically only sufficient for very small roofs in areas with light rainfall and are not recommended for most residential applications due to the risk of overflowing during heavy storms.

5-Inch Gutters: This is the most common and standard size for residential properties in the United States. They offer a good balance of capacity and affordability for average-sized homes in moderate climates.

Hope the owner doesn’t go with narrow gutters or the neighbor may have some overflow issues into their yard.

The neighbor is uphill.

Uphill doesn’t matter on gutter overflow

[Anonymous]

Anonymous wrote:Are gutters even required in Fairfax County?

Wouldn’t you get a lot of water puddling around the foundation without gutters?

And then if you’re also over the setback line, with a lot of precipitation the puddles could extend into neighboring properties.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Are gutters even required in Fairfax County?

Let's build a sloped roof, angle it towards the neighbor's lot and skip the gutters.

As fun as that sounds, it would be hard to make water flow uphill.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Are gutters even required in Fairfax County?

Let's build a sloped roof, angle it towards the neighbor's lot and skip the gutters.

As fun as that sounds, it would be hard to make water flow uphill.

But you can get a lot of water puddling around foundations. Every few years we get some extremely rainy springs/summers. The water can sit for weeks without proper gutters to direct it.

[Anonymous]

Just dig a swail by the roof and direct all the water to the next lot

[Anonymous]

Anonymous wrote:

Anonymous wrote:Are gutters even required in Fairfax County?

Wouldn’t you get a lot of water puddling around the foundation without gutters?

And then if you’re also over the setback line, with a lot of precipitation the puddles could extend into neighboring properties.

I think that's perfectly legal if the water follows its natural path.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Are gutters even required in Fairfax County?

Let's build a sloped roof, angle it towards the neighbor's lot and skip the gutters.

As fun as that sounds, it would be hard to make water flow uphill.

But you can get a lot of water puddling around foundations. Every few years we get some extremely rainy springs/summers. The water can sit for weeks without proper gutters to direct it.

There are alternatives to gutters for that.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Thank you to the above poster who laid out the whole BZA process.

I do suspect that the homeowner is going to be very close (if not over) the 10% setback variance threshold.

A 10% threshold is 9.6 inches (10% of 96 inches) They are currently sitting at 6 inches short. An additional 3.5 inches more will be over 10%. Add in siding, gutters, roof line, etc it could easily go over the 10% threshold.

Gutters alone are 5 or 6 inches.

Standard gutters, yes. But you can get narrow gutters that are only a few inches wide.

I'm not sure if the county was already measuring to the current roof line. If so, they can probably squeak under 9.6 inches with special gutters. The siding isn't going to extend past the roof line.

Regarding gutter widths:

Mini Gutters (approx. 3 inches / 75mm): These are the narrowest option available and are generally used for small structures like sheds, greenhouses, summer houses, or bay windows. They are not intended for full-sized residential properties.

4-Inch Gutters: These are considered an outdated or narrow standard for modern homes. They are typically only sufficient for very small roofs in areas with light rainfall and are not recommended for most residential applications due to the risk of overflowing during heavy storms.

5-Inch Gutters: This is the most common and standard size for residential properties in the United States. They offer a good balance of capacity and affordability for average-sized homes in moderate climates.

Hope the owner doesn’t go with narrow gutters or the neighbor may have some overflow issues into their yard.

The neighbor is uphill.

Uphill doesn’t matter on gutter overflow

It's a fun thought exercise to see if you could use the height to your advantage to built up enough momentum to jump the property line. I'm not sure that would be legal, but it's possible the ordinances leave a loophole for it.

Simply running over the gutter wouldn't be enough, but if you picked up speed by dropping 10 feet you could probably get a decent distance.