Reply to Massive home addition causes confusion in Fairfax County neighborhood

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Legally the height of the structure is not an issue. The issue is the structure (including its height) is too close to the property line.

The utilization and enjoyment of the neighbors was always an issue, even when it was being built to code. So to answer your question, does 7 inches really impact the neighbors enjoyment. The answer is absolutely yes.

That’s why the BOS looked into it and is reviewing building ordinances as a whole to make sure this type of project doesn’t happen again. However, legally the county could not use the neighbors enjoyment and utilization as a reason to deny the project. Under a variation the neighbors and community become part of the considerations for approval.[/quote]

If the 7 extra inches of width really impacts the neighbors' enjoyment, the opinion doesn't state that anywhere. To the contrary, the opinion expressly states that they were considering the structure as a whole, not just the variance. This is why the opinion is vulnerable. [/quote]

You are wrong about several of your statements here. It would be a good idea to talk to a real lawyer who understands these issues. 
[/quote]

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