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=Anonymous]One of the provisions the Zoning Administrator must consider is if the variance will be   “detrimental to the use or enjoyment of other property in the immediate vicinity”

This is where the bulk of the county’s response was. Think the homeowner has a hard time proving that his addition doesn’t impact the use or enjoyment of his neighbors. Enjoyment is very subjective and I can tell you I absolutely wouldn’t enjoy my property if I lived next to that. It’s a hard argument to make that the neighbors are not negatively impacted. [/quote]

I don't agree. If the structure, which was otherwise compliant, was 7 inches narrower, the enjoyment by the neighbors would be identical. Their enjoyment issues go to the size of the structure itself, which the county approved and which was with the zoning/building code rules. [/quote]

Exactly. It was always likely this would need to go to the BZA, but that denial letter is great if the homeowner ultimately needs to take the county to court.[/quote]

If it makes you feel better, go ahead and believe that. I wouldn’t count on it, though. 
[/quote]

I'd be shocked if that denial justification doesn't become part of the legal argument against the country.  I don't know if they'll win, but it seems like it only helps the homeowner to have that in there.[/quote]

Eh, not something I would count on. 
[/quote]

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