Reply to Massive home addition causes confusion in Fairfax County neighborhood

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]The plans must have showed the new construction within the setback bounds. That’s why the county approved them without a variance or special permit. Neighbors are notified during those processes so that they can express their opinions. In the interview the neighbors said they received no notice. Therefore, I believe the plans conformed with the county’s building regulations and setback requirements. [/quote]

I don't think anyone has claimed that they didn't.[/quote]

Someone up above claimed the approved plans contained the error and the homeowner proceeded with the plans as approved, so it is not the homeowner’s fault. 
[quote]3) The approved plan, despite already containing the measurement error, provides a solid, albeit not definitely, basis to argue the report was not fully self inflicted. (Which doesn't seem to be a key point anyway if this isn't a variance.)[/quote][/quote]

That was me. Read what you just repeated. I said the submitted plan included the error.

I wasn't addressing who's legally at fault. I was addressing whether the "self-inflicted" precedent applies here. And there's a very plausible argument it doesn't. That's not the same thing as saying the county is legally at fault.[/quote]

No one is saying that the county is at fault. The quote above says that the approved plans contained the measurement error, which provides a basis to argue that the error was not “self inflicted.” Logically it follows that if the error was not inflicted by the homeowner, he is not at fault.

In another post I asked if the measurements on the plan submitted showed that the wall crossed over into the setback and there was at least one reply saying that the plans did not show that. Is that not the case? It would be interesting to see exactly what the county approved. 
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