Reply to Massive home addition causes confusion in Fairfax County neighborhood

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[quote=Anonymous][quote=Anonymous]What would happen if the homeowner were to choose to file one type of application, say for a special permit, but the board finds that a different type of application would be more appropriate? Can the board send it back to the homeowner saying, sorry you’ll need to re-file with a different application?

Can the homeowner go to the board in advance and ask for clarification on what type of request is most appropriate for a particular situation?
[/quote]

It doesn't matter what is "most appropriate." There's no obvious or clear notion of "most appropriate" in this context. What matters is whether, for the vehicle you choose, you: 1) are seeking relief authorized in law for that vehicle, and 2) can demonstrate the required elements for that relief.

A homeowner is naturally going to choose whatever applicable vehicle gives them the strongest case when arguing (2).

The county staff are generally probably happy to help people down the best route, but they're not ultimately watching out for your interests.

This is definitely where I'd want help from a lawyer.

fwiw, filing for a special permit doesn't bar you from later filing for a variance (and vice versa). But they are ultimately decided by the same body. I doubt it happens much, though. At least, not without changing the plan and relief between requests.[/quote]

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