Originally published at 3:04 p.m., February 19, 2009
Updated at 6:11 p.m., February 20, 2009
The Loudoun County Board of Supervisors voted 6 to 3 last week to bar the developer of Leisure World from building a high-rise in the community for older adults in Lansdowne.
The fight against the project was led by residents who complained that the 11-story building would mar views of the Potomac River for which they had paid a premium price when they bought their condominiums. The residents said the developer, IDI Group, had promised them the river views would be preserved.
The board majority agreed with the residents that the high-rise did not conform with the developer's 1999 proffer agreement with the county. The supervisors' vote Tuesday overturned the county's zoning administrator's finding that the high-rise was allowed under the agreement.
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Board Chairman Scott K. York (I-At Large) and Supervisors James Burton (I-Blue Ridge) and Eugene Delgaudio (R-Sterling) voted to deny the residents' appeal.
York said the proffer agreement clearly gave the developer the choice of building a high-rise or low-rise structure. He added that the board's vote would serve as another reason for developers to fight its decisions by seeking help from state lawmakers.
"We are subverting what I think is appropriate process here. We are overturning a decision we made eight years ago," York said, referring to the previous board's vote approving the proffer agreement.
Supervisor Susan Klimek Buckley (D-Sugarland Run), who voted with the majority, said the issue boiled down to whether the county zoning administrator's interpretation of the agreement's language was correct. She said she thought it was not.
"This is a case of interpretation of the proffers, and the site plan that was approved by the county is not in compliance," Buckley said.
Supervisor Lori Waters (R-Broad Run), who also voted against the high-rise, said a low-rise structure was what residents had expected.
The developer has the option of appealing the board's decision to Loudoun Circuit Court. A spokeswoman for IDI Group said company officials were out of town and could not be reached for comment.
Tagged: Board of Supervisors, development, Lansdowne, Leisure World
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So now the county can't interpret it's own agreements? It just gets better everyday here in Loudoun county.
Posted by mazman128 (anonymous) on February 19, 2009 at 4:15 p.m. (Suggest removal)
my question is why is there a need to interpret anything? Enough withthe need for interpretations to bend rulings to get what one wants. It should be rather clear what the language states about the authority to build a particular structure.
Posted by srshorty22 (anonymous) on February 21, 2009 at 1:58 p.m. (Suggest removal)
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