Reply to Massive home addition causes confusion in Fairfax County neighborhood

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[quote=Anonymous][quote=Anonymous]It does not matter much if it is a Special Permit or a Variance. Both processes allow for public input. The BZA is not mandated to grant one, even if there is a similar precedent example. But more importantly, if either is granted by the BZA, the nextdoor neighbor or any other person with standing can file an appeal to the Circuit Court.

Once this happens, the court takes an entirely different approach than the BZA to evaluating the permit, as has been discussed at length in prior comments. The courts have an extremely strict view of when a Special Permit or Variance should be granted. If some approval is granted, this approval is highly unlikely to hold up if appealed to the courts. The courts can, have, and will overrule Special Permits and Variances issued by BZAs. Obviously this only matters if someone chooses to exercise their right to challenge within 30 days of an approval of a Special Permit or Variance.[/quote]

Also, you're misstating the appeals process. The court doesn't reevaluate the merits from scratch. The court determines if the BZA followed the law, but defers to the BZA on matters of judgement.[/quote]

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