Zoning Law
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Case Details
Fairfax County Circuit Court overturned a decision by the Vienna Board of Zoning Appeals (BZA) denying a local resident’s application for a variance to build a screened-in porch.
Additional Notes
The Petitioners owned a corner lot in Vienna near a stream, which caused an unbearable amount of mosquitos. The Petitioners wanted to build a screened-in porch for their back yard but were barred from doing so by a setback requirement. The BZA denied their application for three reasons... The Circuit Court deemed the first reason given by the BZA to be unfounded... The court agreed with the BZA’s second reason but stated that the third reason was also unfounded. The Petitioners were not similarly situated to their neighbors because they were in a corner lot with a diagonal house footprint, making any expansion opportunities highly impractical. As a result, the Court ordered that the BZA grant the variance to the Petitioners.