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Newport Academy Appeals Zoning Ruling to BZA
On June 20, 2019, the MCA Planning & Zoning Committee learned that the Newport Academy exercised its legal rights by appealing the May 15, 2019 determination by the Fairfax County Zoning Administrator to the Board of Zoning Appeals (BZA). That determination, which was supported by an MCA resolution, concluded that the Academy's proposed use of three properties on Davidson Road constituted a congregate living center that is not permitted in a residential zone. The MCA also opposed Fairfax County granting Newport Academy a special exception, variance or other permission to operate three properties on Davidson Road.
An article discussing the BZA appeal can be found in the Tysons Reporter. https://www.tysonsreporter.com/2019/06/20/rehab-facility-in-mclean-fights-back-against-zoning-decision/
Committee leadership confirmed the existence of the appeal with Supervisor John Foust's office. At the time of this discussion, neither the Supervisor's office nor the P&Z Committee has seen the appeal papers filed with the County. The Committee has made arrangements with the Supervisor's office to obtain copies of Newport Academy's filing.
Upon receipt of the appeal papers, the P&Z Committee will review and consider the matter further. However, it is likely that, in any event, the Committee will file the MCA's June 2019 resolution with the BZA as part of its record on the Newport Academy appeal.