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Abstract

For quite some time, those who applied for variances enjoyed a likelihood of realizing their efforts. Since 2004, however, Virginia has experienced heightened judicial scrutiny over the administration of variances. The 2009 General Assembly of Virginia reviewed relevant sections of the Code of Virginia and amended the law concerning variances. The effect of the General Assembly's seemingly slight revision presents the purpose of this comment. Part II of this comment presents the General Assembly's enactment. Part III discusses the development of the relevant area of variance law that has fostered dissent. This part also presents Cochran v. Fairfax County Board of Zoning Appeals as a landmark case in Virginia variance law and examines subsequent developments, which are all likely targets for revision. Part IV brings the previous parts to bear addressing and discussing the impact of House Bill 2326 on variance law. Part of this discussion revisits case law for facts that exemplify and temper the Code revision. As this comment will demonstrate, the General Assembly has a legislative desire to decrease the scrutiny of the variance test.