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MCA Files Resolution on Newport Academy with BZA
Rob Jackson, chair of the MCA's Planning & Zoning Committee, reports that he filed the MCA's resolution on Newport Academy with the Fairfax County Board of Zoning Appeals. That document, which the MCA board adopted in June 2019, supports the Fairfax County Zoning Administrator's May 15, 2019 decision that Newport Academy's Davidson Road properties constitute a congregate living center that is not permitted in residential zones by right. The resolution also opposes the grant of any special exception, variance or other permission to operate at the Davidson Road location. The resolution does not address Newport Academy's other property on Kurtz Road because the County has not concluded operation at that location is not permitted in residential zones.
As permitted by state law, Newport Academy appealed the Davidson Road zoning determination to the BZA. The MCA resolution will be distributed to the BZA members and be a part of the official record.
It's the Committee's understanding that a BZA determination can be appealed by either party to state court. Newport Academy may also have the ability to challenge Fairfax County in federal court. The Committee is not aware of any legal action beyond the BZA appeal at this time.