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Zoning permission nullified 2 years later

July 1st, 2008 · No Comments · Real Estate, Regulation

Add Front Royal to the list of Virginia localities where the Board of Zoning Appeals was accused of being too generous. Warren County Circuit Judge Dennis L. Hupp this week nullified a 2-year-old variance that would have allowed a tall addition to the Afton Inn in Front Royal, as reported by the Northern Virginia Daily.   The problem with the BZA’s decision to grant the variance is that, under Virginia law, a variance is allowed only if the property would be useless without it.  At a court hearing, zoning board members admitted that they found no unconstitutional hardship on the property owner to justify the variance.

A similar issue has the Staunton City Council at war in court with that city’s BZA. 

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