MISSING MIDDLE/EHO permits ARE being APPROVED
CHECK YOUR NEIGHBORHOOD
Nearly 50 EHO Permits Approved
Arlington’s EHO Tracker
https://my.arlingtonva.us/map/permit
Click on “approved” on the website and you can search the list of permits. While many permits have been approved, some developers abandoned their EHO housing plans because of homeowners' lawsuits. Each month, there are a few new EHO permits approved.
COMING TO
A NEIGHBORHOOD
NEAR YOU!
No Notification
Neighbors for Neighborhoods seaches the EHO Tracker monthly and posts notices across the County to alert residents to multiplex approvals. The County – with its cozy relationship with developers – never notifies impacted streets and in some cases (14th St N.) neighbors discovered a six-plex was being built when they heard the construction noise.
No Transparency
Our grassroots efforts of going door-to-door handing out flyers has mobilized residents to take action. In many cases – when permits are out in the daylight – developers have pivoted from multiplexes to single-family homes. Our recent flyers for 11 St N & 18 Rd N are posted below. You can click to read the pdf.
Neighbors for Neighborhoods
Watchdog Role
Recent Permits
Sneak-Attack Zoning – what to do:
30 DAYS TO APPEAL
The County is under no obligation to contact neighbors when EHO permits have been approved. It's part of the "by-right" zoning that single-family homes enjoy. Of course, these aren't single-family homes. The lack of transparency and notification is wrong. So, we hope these initial steps can help you appeal and reverse the EHO approval. There are also two active court cases that may play into your appeal depending on the timing.
What has happened:
In receiving EHO approval to build a multiplex, a developer has submitted plans to the zoning administrator. The administrator reviewed and approved them. Your appeal should focus on a discrepency in EHO zoning law and the approved plans. All appeals are heard by the Board of Zoning Appeals (BZA). It's an uphill battle that's stack against the homeowner, but it can have a chilling effect on developers. In some cases, the EHO plans have been changed to single-family homes.
YOU HAVE ONLY 30 DAYS TO APPEAL
We suggest the following steps:
Contact us:
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Alert your neighbors and form a group. You'll need to raise money for the appeal ($1200), FOIA and lawyer (if you want to go that route).
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File a FOIA to review building plans. You're looking for a building error outside of the scope of the EHO guidelines. As part of our mission, we often file FOIA's on approved EHO permits and can perhaps save you this step.
Arlington County FOIA Center request link: https://www.arlingtonva.us/Government/Programs/FOIA/Requests
Rachel Healy, FOIA Officer; (C) 703.843.0687 (T) 703.228.0720
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Hire a zoning lawyer. It takes an expert to review building plans to discover an error.
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If you want to dig deep into the weeds, check the EHO zoning ordinance contained in 10.4 of the Zoning code. There are many rules about gross floor area, set backs, height, width of townhouses, accessory uses.:
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Contact the Board of Zoning Appeals (BZA)
From the date of approval, you have only 30 days to file a zoning appeal here.
Appeal submissions can be modified once filed. It costs an astonishing $1200.
Contact BZA for more information.
Megan Ryan, BZA Associate Planner
mryan1@arlingtonva.us
703-228-0538
Zoning Administration
2100 Clarendon Blvd,10th Floor
Arlington, VA 22201
contactzoning@arlingtonva.us
703-228-3883
Additional Steps
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Check for Covenant
Some neighborhoods have a convenant on their deed restricting building only-family homes. It's worth checking because judges have consistently ruled in favor of covenants. The County never voluntarily informs you of existing covenants. It’s up to you to take the offensive. Zoning lawyers should have access to this data base, but you can look it up, too. The best way is to go in-person and see the Arlington County Circuit Court Land Records Division and see the Land Records clerk on the 6th floor. This is the official place where deeds and all recorded documents (including covenants) are stored. Call for more information: 703-228-4369
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Challenge Vested Rights
In land-use and permitting, vested rights means you’ve reached a point where the government can’t pull the rug out from under your project by changing zoning or regulations. You’ve “locked in” the zoning rules that were in place at a certain moment. During the countywide court case Nordgren v Arlington County Board (on appeal to the VA Supreme Court), EHO permitting was voided and stopped. On appeal, it was opened up again. The uncertainty on how the courts will ultimately rule worries developers. In order to protect their development from being torn down or dramatically changed, they are going to Circuit Court and asking Arlington County for vested rights. This can be challenged and may result in a developer changing their plans.
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Contact the County Board (make noise)
Matt Ferranti, Chairman
Email: mdeferranti@arlingtonva.us
Email staffer, Graham Weinschenk
Ph #: 703-228-0328
Susan Cunningham
email: scunningham@arlingtonva.us
Aide Ph #: Flora – 703-228-3128
Maureen Coffey
Aide Ph #: 703-228-3139
J.S. Spain
Aide Ph #: Karo 703-228-3125
Takis Karantonis
Aide Ph#: Sandra 703-228-8726
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Register for County Board "Open Door Mondays"
Visit a County Board Member: Register here
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Speak at Monthly Saturday County Board Meeting
Public comments lasting no longer than 2 minutes are heard at the monthly Saturday County Board meeting. Check website for dates. Note that only one person may speak per topic during this time. Register here.
Background
After a judge declared that the County’s Expanded Housing Option (EHO) zoning was illegal in October 2024. A developer challenged that decision and EHO is again legal in Arlington – for now. The case is on appeal to the Supreme Court of Virginia where they heard the oral argument on April 8th and will decided to take the case or kick it back to the Cirucuit Court in the next few months.
