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Atkins explained that her current home is unsuited to the care of her seriously ill husband and that the two acres is more land than she can maintain properly.
She told the board members that she plans to build a second house designed for home care of an invalid and to sell the existing structure with one acre of land.
The BZA’s unanimous decision to grant the variance was improper because the board failed to make any findings of fact in accord with requirements in the zoning ordinance and the Virginia code for issuance of a special use permit and variance, according to the suit.
“Not one scintilla of evidence was produced by the applicants to show that their property was acquired in
96.8%