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This blog focuses on real estate, land use and construction-related topics affecting Virginia and the Washington, D.C. metro area. With topics ranging from contract drafting and negotiation to local and regional land use project updates, the attorneys at Bean, Kinney & Korman provide timely insight and commentary on the issues affecting owners, builders, developers, contractors, subcontractors and other players in the industry. If you are interested in having us cover a specific topic, please let us know.

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Posts from January 2015.

Contentious land use approvals often result in lawsuits, which, even when unsuccessful, can lead to costly delays for developers. In the recent case styled In Re: November 20, 2013 Decision of the Board of Zoning Appeals of Fairfax County, the Fairfax County Circuit Court threw out one such legal challenge by homeowners to a controversial Zoning Administrator determination that the Board of Supervisors could approve a proposed storage facility by The Girl Scout Counsel of the Nation’s Capital (“GSC”) in conjunction with its special exception application to increase the occupancy of Camp Crowell in Oakton, Virginia. On appeal by nearby homeowners, the Board of Zoning Appeals reversed the Zoning Administrator. However, the circuit court then held that the BZA decision was void because the homeowners lacked standing to appeal the Zoning Administrator’s determination in the first place.

Legislation proposed in the Virginia House of Delegates would give the City of Fairfax specific authority to adopt an affordable housing ordinance offering bonus development density in projects that provide an affordable housing component. Legislation at the state level is necessary, because under Virginia’s Dillon Rule a locality has only those powers that are expressly granted, those that can be implied from an express power and those that are essential and indispensable to the locality’s functions. Under the proposed legislation, the City of Fairfax could then move to adopt an amendment to its zoning ordinance that would allow bonus density in exchange for affordable housing. This would help solve an issue that recently arose in two City of Fairfax projects, where the City encountered redevelopment proposals and sought affordable housing contributions as part of the projects.