Zoning board rules against treehouse
The Fairfax County Board of Zoning Appeals ruled Feb. 2 that the Dapoigny family cannot keep their treehouse on the front lawn of their home in the Wakefield Chapel Estates subdivision in Annandale.
“This is a difficult decision,” said BZA Vice Chair James Hart, but the BZA cannot overrule the zoning regulations approved by the Board of Supervisors.
The zoning ordinance prohibits treehouses – or other accessory structures – in front yards. Although the rules allow exceptions through the zoning variance process, this structure doesn’t meet the standards for a variance, the BZA agreed.
Related story: Annandale family fights to keep treehouse
Erwan Dapoigny built the treehouse in May 2020 at 4217 Holborn Ave. for his daughter Ana’s ninth birthday.
At the time, the schools were closed due to the pandemic and children were spending too much time indoors, Sandra Lukic-Dapoigny told the BZA during a hearing in January. Zoning laws are necessary, “but should not take away the happiness of children.”
Erwan said he put up the structure – actually a platform with railings about 10 feet off the ground – in the front yard because the trees in the backyard aren’t big enough.
Their neighbors support the treehouse, but one nearby resident filed a complaint with the Department of Code Compliance.
Dapoigny and his attorney suggested the BZA allow the treehouse for just two or three years.
Several members of the BZA spoke in favor of allowing the treehouse with a time limit, but the BZA ultimately voted 6-1 to deny the variance request. “We can’t approve something prohibited by the Board of Supervisors,” Hart said.
11 responses to “Zoning board rules against treehouse”
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This is unfortunate. I generally agree with the zoning rules regarding front yard structures, but given the rationale stated here and the pandemic I wish there was more leeway that could be provided. The proposed time limit seemed reasonable.
While I understand zoning is law and therefore the BZA has to work within it – I have to wonder if the BZA couldn’t have asked the board of supervisors for some narrow authority to increase exception authority for such time-limited, pandemic associated outdoor playspaces for children during the pandemic where the applicant can show that such a playspace can not be achieved in an already approved location (side or rear yard).
Everybody is “special” but if you let everyone do one thing in blatant violation of standards you end up with an unmanageable hodgepodge of exceptions that detract from the neighborhoods. Not a big enough tree out back? Then build a tall deck with a trellis to shade it and plant wisteria, roses and/or grapes in barrels on and around the deck to climb up over the entire thing. If you enclose the base with a trellis you could even have a shady spot under it or a convenient place to hide a storage area.
Everybody is special. Not everybody can afford to build the deck you describe.
I’ve heard others complain about code compliance enforcement being non-existent, so this small thing being denied surprises me. Don’t they have bigger problems to solve right now?
This is a gross travesty. The BZA approves variances to the zoning rules all the time. I hope the family keeps the treehouse up anyhow.
So no kids, not parents with kids would donate money to the candidates on the board
So not sure what other outcome did they expect?
Want to build a nuclear power plant and serve drug addicts in a kindergarten? Sure, just make a nice donation.
Want a tree house for your kids on your own property? Not in a million years.
Also – a big shoutout to the Karen who probably ratted on that family. hope you’re satisfied now.
There are two houses on my street the are overloaded in occupants. 8 – 10 cars and utility trucks. They don’t bring their trash bins in because there is no room to move those. All zoning can do is nothing, so they pick on a children’s fantasy. The County’s sense of priorities are skewed for sure. Zoning officials and the County attorneys should be forced to live in Culmore, the hell they deserve.
Love how the zoning board denies a treehouse, but people keep turning their single family homes into churches and then somehow get approved despite violating zoning rules. Hmmmm.
Treehouse denied?!!! Isn’t this the same board that stuffed ZMod down our throats and ok’d alternative dwelling units?? Priorities are all wrong. Sounds like it’s the staff not focusing on priorities. The comment about overcrowding is spot on! We had three huge trucks w Florida plates parked at one tiny house on Heming for 2 years. Poorly kept yard. Numerous complaints and no action. But a treehouse gets too attention?
At least those masks will catch the kids’ tears when the treehouse is torn down. That’s equity
I wish I had read this a year ago. I’m going through a similar thing right now. I verified that no building permit was required for a treehouse and got approval from my HOA. There are no suitable trees in the backyard, so I’m building it on the side yard. Karen called the county to complain, and now I’m looking for a lawyer in Fairfax County who has experience with zoning exceptions.