Kirk v. Board of Zoning Appeals

By JUDGE HENRY H. WHITING

The Court has before it an appeal from the Board of Zoning Appeals of the denial of a request for a variance of the minimum lot size requirements (from 20,000 square feet to 9,000 square feet) to permit the sale of the property for use as professional offices in an RO-1 zone. The Court has heard evidence and argument and has concluded that the appeal must be denied for the following reasons:(1) The appellant has not overcome the presumption that the Board’s decision was correct. Alleghany Enterprises v. Covington, 217 Va. 64, 67 (1976). This Court cannot disturb the…