Steele v. Fluvanna County Board of Zoning Appeals

436 S.E.2d 453, 246 Va. 502, 10 Va. Law Rep. 504, 1993 Va. LEXIS 146
CourtSupreme Court of Virginia
DecidedNovember 5, 1993
DocketRecord No. 930196
StatusPublished
Cited by10 cases

This text of 436 S.E.2d 453 (Steele v. Fluvanna County Board of Zoning Appeals) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steele v. Fluvanna County Board of Zoning Appeals, 436 S.E.2d 453, 246 Va. 502, 10 Va. Law Rep. 504, 1993 Va. LEXIS 146 (Va. 1993).

Opinion

JUSTICE KEENAN

delivered the opinion of the Court.

In this appeal, we consider whether the trial court erred in upholding a decision of the Board of Zoning Appeals of Fluvanna County (BZA) that authorized a variance from a residential side yard setback requirement.

In July 1990, Tony L. and Kathleen K. Garrett submitted their application for a variance to the BZA. In 1988, the Garretts had purchased a lot in the Lake Monticello subdivision of Fluvanna County, adjacent to a vacant lot owned by James E. and Dorothy A. Steele. Thereafter, the Garretts entered into a contract with Raintree, Inc. to build a house on their lot.

The Lake Monticello Owners’ Association (Association) told Raintree that it could assume that the front comers of the lot were located where the telephone pedestal and the water meter had been [504]*504placed. Accepting this representation without obtaining a survey of the property, Raintree built the house relying on these markers, which had been located incorrectly.

After the house was built, in order to obtain permanent financing for the property, the Garretts commissioned a survey, which revealed that the house was located in violation of the County’s 10-foot side yard setback requirement. The survey showed that the north comer overhang of the Garretts’s house was approximately eight inches from the Garrett-Steele property line. Nevertheless, the Garretts proceeded to settlement on the loan. Approximately two years later, they filed their application for a variance.

After conducting a hearing on the Garretts’s application for a variance to reduce the side yard setback from the required 10 feet to zero feet, the BZA voted on April 2, 1991, to approve the variance, finding that a “hardship” existed because, without a variance, the Garretts would have to move at least part of the house in order to comply with the side yard setback requirement.

The Steeles filed a petition for a writ of certiorari in the trial court, seeking a review of the BZA’s decision. After issuing the writ and conducting a hearing, the trial court remanded the case to the BZA, requesting that it clarify its finding as to “whether the variance at issue in this cause will result in substantial damage to adjoining property owners.” The trial court also remanded the matter for “such other specific findings of fact as the [BZA] may choose to make.”

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Cromwell v. Ward
651 A.2d 424 (Court of Special Appeals of Maryland, 1995)
Steele v. FLUVANNA CTY. BD. OF ZONING APP.
436 S.E.2d 453 (Supreme Court of Virginia, 1993)

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Bluebook (online)
436 S.E.2d 453, 246 Va. 502, 10 Va. Law Rep. 504, 1993 Va. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steele-v-fluvanna-county-board-of-zoning-appeals-va-1993.