Reply to Massive home addition causes confusion in Fairfax County neighborhood

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[quote=Anonymous][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]

The legal precedents you're referring to are for variances, not special permits. The strict limitations are only for variances. And even then, the precedents are taken as strictly as you've implied.

The BZA isn't obligated to grant them, but they need to apply the law fairly. The issue being addressed would be the 6 inches, not the height. If they've always granted permits in such cases (and I don't know if they have), it would be hard for them to find a justification not to in this case. Even if you think the height has a significant impact on the neighbor, the difference between those 6 inches is minor.[/quote]

The thing is, every case is different from other cases. You can’t necessarily rely on how other cases were decided unless they were very firmly on all fours with this case. The board will look at the individual facts about each case.

(The post you’re replying to doesn’t say anything about height- did you intend to reply to this post or a different one?)[/quote]

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