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][quote]c) The proposed use, including its design and operational characteristics, must not adversely affect the use or future development of neighboring properties and must be in accordance with the applicable zoning district regulations. The location, size and height of buildings, structures, walls, and fences, as well as the nature and extent of screening, buffering and landscaping cannot hinder or discourage the appropriate development and use, or impair the value of, adjacent or nearby land or buildings.[/quote]

^This is a big one. "cannot hinder or discourage the appropriate development and use, or impair the value of, adjacent or nearby land or buildings"

The neighbor's new view (lack of) is definitely hindering use. The shade is hindering her use for plantings and/or a garden. Her privacy is being hindered. These things impair the value of her home. [/quote]

Good luck with adding solar to her home. [/quote]

So, I think one of the reasons you have a very different opinion on the likelihood of a special permit being granted is that somewhere along the line you got the mistaken belief that the impacts of the non-offending aspects of a project are relevant to the decision on granting the special permit. They're not. [/quote]

DP, but the homeowner will need to address the following:

The proposed use, including its design and operational characteristics, must not adversely affect the use or future development of neighboring properties and must be in accordance with the applicable zoning district regulations. The location, size and height of buildings, structures, walls, and fences, as well as the nature and extent of screening, buffering and landscaping cannot hinder or discourage the appropriate development and use, or impair the value of, adjacent or nearby land or buildings.

The next door neighbor could certainly argue the addition does affect the use of their property -eg the solar panels they have already invested in and were permitted for. I believe those solar panels are over their garage which is directly adjacent to the addition if I remember correctly from the images.

If the homeowner had built with the proper setback, then agreed, there is nothing the neighbor could do, offending or not. [/quote]

That is also in the context of the scope of the modification. It doesn't allow you to basically relitigate the aspects that are already consistent with the zone's requirements.

Hence why I think there's a reasonably good chance it will be granted.

The garage change is probably an easy thing to reject. But it is probably also a relatively easy thing for the homeowner to revert.[/quote]

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