2006

Bd. of Supervisors v. Bd. of Zoning Appeals

Supreme Court of Virginia

271 Va. 336, 626 S.E.2d 374

Landowners had 1.475-acre lot in Fairfax County in R-1 zoning, which limitations included one dwelling unit per lot. A detached garage with a second floor apartment was built in 1950. In 2004, a zoning inspector told the landowners the garage apartment was a zoning violation. Before the Board of Zoning Appeals, the landowners argued that the 1941 zoning ordinance did not prohibit the additional structure and the Board agreed. Pursuant to Va. Code § 15.2-2314, the County petitioned the circuit court to review the Board’s decision. The petition was not filed within the mandated thirty days. Trial court upheld Board’s decision. Supreme Court reversed. As the timeliness issue was raised for the first time on appeal, and trial court had subject matter jurisdiction, Supreme Court would not consider it on appeal. The garage apartment was not an existing nonconforming use when the 1941 ordinance was enacted, and the ordinance was clear that there was to be one residence per lot. The Board’s decision was plainly wrong and in violation of the purposes and intent of the zoning ordinance.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index