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Fairfax County Denying Variances

By
Home Inspector with House-Pro Inspections
Since an April 23, 2004 Virginia Supreme Court ruling, the Fairfax County Zoning board has denied or deferred EVERY variance request to modify an existing property. This is a much more strict enforcement than seen previously, when variances were granted in almost every case. In 2003 for example, the Board approved 161 variances and denied only 33. In 2004 before the ruling, the Board approved 56 variances and denied only 8.

The Board is now granting variances ONLY in cases of “unnecessary hardship”, which is defined as that which denies “any beneficial use of the property.” 1 As Brian McCormack, a private attorney representing the Fairfax Zoning Appeals Board stated, “No one can meet this test because anyone who has a house already has a reasonable use of the property. It’s a Catch-22.” 2 Thus, none of the cases presented since the ruling have fallen within this more strict enforcement, including all rebuild variance requests in New Alexandria after Hurricane Isabel flooding.

This will have a major impact on all renovation plans for properties in Fairfax County built before the strictest codes were passed in 1987. Homeowners who are planning on expanding current or newly-purchased older properties will have to stay within approved zoning ordinances, or the renovations will not be allowed. If they make these changes without approval, they may be assessed major fines when their property is assessed for tax updates, and may find their ability to sell the property down the road threatened.

Thus, realtors need to be aware of this more strict enforcement in advising clients which properties to pursue. Potential buyers can no longer assume they can simply add an addition or deck, or extend a garage, to meet their needs without first checking the ordinance code for that plat. If the desired changes do not meet the ordinance codes, the changes will not be approved. For their own sake, potential buyers would be safer pursuing properties that already meet their needs without significant modification.

1,2 Washington Post, Aug. 20, 2004 Page F01,
“Suddenly, Fairfax Denies Variances”

Comments (4)

Jeff Turner
RealSatisfied - Santa Clarita, CA
Kevin... let me welcome you to ActiveRain. You're going to like it here I know that the more you give, the more you'll get. That's certainly been true for me.
May 22, 2007 04:30 AM
Michael Hutchins - Consumer Advocate, Chicago
Michael Hutchins Ent. - Chicago, IL
Hi Kevin.  I just wanted to welcome you to the Rain.  I hope you enjoy your stay and keep blogging!
May 22, 2007 07:34 AM
Ki Gray
Austin, TX
Austin Real Estate

I have seen changes over the years in Austin when the variance board has been more or less lenient.  But it looks like the change in Virginia is more extreme than anything we have seen.  Hopefully you dont ever have any cases like Kentucky last week.

 http://www.escapesomewhere.com/austinblog/2007/10/man_loses_zoning_case_and_imme.html

Oct 16, 2007 09:30 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

We invite you back to ActiveRain in 2017.

  Much has changed since your last blog post.

  Best to you!

Jun 12, 2017 06:45 PM