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Alexandria zoning board to revisit deck variance it denied in November

Alexandria zoning board to revisit deck variance it denied in November

Rule Changes Alexandria, VA local

Board deferred the 9 Potomac Court deck case to an October 19 hearing

September 14th, 2026: BZA defers 9 Potomac Court deck variance to October 19

Overview

Updated Oct 8

Ronnie Vassalo Jr. and Mary Savino want to build a deck on their townhouse at 9 Potomac Court in Alexandria, Virginia. The zoning code's rear-yard and open-space rules don't allow it, so they've asked the Board of Zoning Appeals for variances.

The board denied their first request 3-2 on November 10, 2025. It deferred the resubmitted case at the September 14 hearing without a decision. The case returns October 19 for a public hearing and vote.

Why it matters

The October 19 vote decides whether the 9 Potomac Court deck gets built — and how much relief Alexandria zoning grants homeowners.

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Key Indicators

3-2
November 2025 denial vote
The BZA rejected the original 9 Potomac Court deck variance request by a single vote.
343
Days from denial to rescheduled hearing
From the November 10, 2025 denial to the deferred October 19, 2026 hearing.
2
Variances sought
A rear-yard setback variance and a reduction in required open space.
1
Deferral of September 14 hearing
The board re-listed the case instead of voting, pushing the decision to October 19.

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People Involved

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Timeline

November 2025 September 2026

5 events Latest: September 14th, 2026 · 1 month ago
Tap a bar to jump to that date
  1. BZA defers 9 Potomac Court deck variance to October 19

    Latest Hearing

    The board heard the resubmitted request for rear-yard and open-space variances and deferred a decision. The case is re-listed for a public hearing on October 19, 2026.

  2. BZA denies 2500 Dewitt Avenue variance 3-2

    Decision

    The board rejected another residential variance request by a narrow margin while approving a special exception at 414 Duke Street 5-0.

  3. BZA denies 1030 Cross Drive variance 5-2

    Decision

    A month after the deferral, the board denied the Cross Drive variance on a 5-2 vote, showing its strictness on the merits.

  4. BZA defers 1030 Cross Drive variance

    Decision

    The board postponed a variance request for 1030 Cross Drive at the applicant's request, leaving the case open.

  5. BZA denies original 9 Potomac Court deck variance

    Decision

    The board rejected the first variance request for a deck at 9 Potomac Court by a 3-2 vote. It approved an ADU variance at 2500 Dewitt Avenue the same night, 6-0.

Scenarios

1

BZA approves 9 Potomac Court deck variance

Deadline passed (Sep 14, 2026)

Discussed by: No public predictions; the outcome turns on the board's "unnecessary hardship" analysis.

The applicants, possibly after tweaking the deck design during the hearing, convince the board that the townhouse's lot shape makes strict compliance impractical. The board votes to grant the rear-yard and open-space variances, clearing the way for construction. This would break the board's recent pattern of denying several variance requests.

2

BZA denies the variance a second time

Deadline passed (Sep 14, 2026)

Discussed by: The board's strict 2026 voting record, including the May 1030 Cross Drive denial and the July 2500 Dewitt denial.

The board finds no "unnecessary hardship" — the lot is not uniquely constrained, or the owners created the problem. It rejects the application by a vote similar to the November 3-2 outcome. This would match the board's 2026 pattern of denying most variance requests it hears on the merits.

3

BZA defers the item to a later hearing

Deadline passed (Sep 14, 2026)

Discussed by: The board's April 2026 decision to defer 1030 Cross Drive at the applicant's request.

The board postpones the decision, either at the applicants' request to revise the plan or on its own motion. A deferral keeps the case alive without deciding the merits, pushing the next hearing to a later month. The 1030 Cross Drive case shows the board does occasionally defer, though it later denied that case.

4

BZA votes on 9 Potomac Court deck variance on October 19

Deadline passed (Oct 19, 2026)

Discussed by: The board's 2025-2026 record: it rejects most variances on the merits but grants relief when the hardship is tied to the property's physical constraints.

The board hears BZA2026-00010 again on October 19 and either grants the rear-yard and open-space variances or denies them. Approval clears the way to build the deck. A second denial would send the owners back to the drawing board or into court.

Historical Context

3 moments from history that rhyme with this story — and how they unfolded.

April-May 2026

1030 Cross Drive variance denial (2026)

The BZA deferred a variance request at 1030 Cross Drive at the applicant's request in April 2026, then denied it 5-2 a month later. The applicant sought relief tied to the property's conditions but failed to clear the board's hardship bar.

Then

The variance was denied, and the property owner had to rework the plan or pursue other options.

Now

Reinforced the board's strict interpretation of Virginia's variance standard.

Why this matters now

A deferral — one possible outcome of the September 14 hearing — often leads to a denial, not an approval, when the case returns.

November 2025

Same-night contrast: 2500 Dewitt Avenue ADU variance (November 2025)

On the same night the BZA denied the original 9 Potomac Court deck variance 3-2, it approved an accessory dwelling unit variance at 2500 Dewitt Avenue by a 6-0 vote.

Then

The ADU variance was granted, allowing the property owner to proceed with construction.

Now

Illustrates the board's case-by-case approach: clear constraints earn relief, less clear ones don't.

Why this matters now

The September hearing tests whether the 9 Potomac Court applicants can make a hardship case as strong as the ADU one.

Long-standing

Virginia's unnecessary hardship doctrine (established by state law)

Virginia law requires variance applicants to show that the property's peculiar conditions create a hardship that is not self-created, and that the relief won't harm the neighborhood. Courts apply this test strictly across the state.

Then

Boards across Virginia deny variances when the hardship stems from the owner's own choices.

Now

Kept the variance a narrow safety valve rather than a broad exception to zoning.

Why this matters now

This is the exact standard the Alexandria BZA applies to the 9 Potomac Court request.

Sources

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