Fairfax County rejects homeowner’s appeal over large home addition near property line

FAIRFAX COUNTY, Va. - Fairfax County officials rejected a homeowner's appeal to keep a massive addition to his home over concerns about its proximity to an adjoining property. But the addition has been the center of controversy about local size ordinances. 

What we know:

The Fairfax County Board of Zoning Appeals denied Minh Nguyen's appeal for a zoning variance after a public hearing on Wednesday. The board upheld an earlier decision to order construction halted, since the addition was less than the required eight feet from the next-door neighbor's property line. 

The board called Nguyen a "victim of unfortunate circumstances," since he acted as his own general contractor and claimed that the city's original survey was wrong. County officials said the survey was, in fact, correct, and that there are more safety concerns within the structure beyond the setback issue.

The controversy

The addition — a large, multi-story structure attached to a smaller, older home — has drawn sharp criticism from some neighbors, who say it does not fit the character of the neighborhood.

"It looks like a townhouse," one neighbor previously told FOX 5.

Others in the community have defended the homeowner, saying the project complies with zoning rules and is meant to house multiple generations.

The dispute has fueled a broader debate over zoning laws, neighborhood character and property rights.

National attention

The case has drawn widespread attention, including coverage by The New York Times, which highlighted the dispute as part of a broader "NIMBY" debate over housing and development.

Emotional testimony from homeowner

What they're saying:

Nguyen said he's lived in the community for more than three decades. During Wednesday's hearing, he said he built the addition for his family, so that his children's grandparents could live with them under the same roof. 

"I stand here in front of everybody, in front of the people that do not like the look and how big it is. I just want them to understand I did it for my family," Nguyen said. "I didn't do it to make it into an apartment, as they were always putting on social media."

Nguyen said he and his family have faced harassment since the controversy began. At one point, he said he considered taking the structure down, but ultimately decided he could not after learning how much it would cost to remove. 

Neighbor says zoning laws should be changed

The other side:

Courtney Leonard is the next-door neighbor. During Wednesday's hearing, she called it "depressing" to live in her house since the addition was built.

"There was a lot of natural light, sunlight, just the feeling of openness that is all of a sudden gone," Leonard said.

Leonard said the county's "egregious," zoning laws regarding size need to be changed, and said that "if we didn't have the side setback issue, which is what has brought us here today, we'd be looking at a 35-foot-tall, 65-foot-long structure that has otherwise been legally permitted."

Some Fairfax County officials have made efforts to change the county zoning ordinance to prevent something like this from happening again.

What's next:

The board's decision Wednesday could mean that the uncompleted addition may soon be coming down. 

During Wednesday's hearing, Nguyen estimated it would cost $100,000 to get everything in compliance.