In re December 8, 2010, Carried Over to December 13, 2010, Decisions of the Board of Zoning Appeals of Arlington County re Items V-2716-10-3 & V-10458-APP-1

By Judge Joanne F. Alper

After hearing oral argument on October 18,2011, and carefully reviewing the pleadings, hearing transcripts, case law, and facts of this case, the Court sets forth its ruling below.

Factual Background

These two consolidated cases concern a single property located at 1120 North Jackson Street in Arlington County, Virginia. The property is zoned C-3 “General Commercial Districts” and is designated on the County’s General Land Use Plan as “Medium Residential.” The property is currently owned by Mr. Neal Nichols, who acquired it in May 2008.

The previous owner of the property…