As a local government attorney experienced in this area, I can easily recite the many statutory prerequisites and standards for granting a variance in Virginia Code § 15.2-2309(2). These are significant hurdles. They include (i) unnecessary hardship, (ii) not contrary to the public interest, (iii) physical/topographic limitations, (iv) effective prohibition or unreasonably restricted use, (v) undue hardship (although no longer “approaching confiscation”), (vi) hardship not shared generally by other properties, (vii) no substantial detriment to adjacent property, (viii) no change in character of district, and (ix) situation not so general or reoccurring that it could be addressed by general zoning amendment.

In the Virginia Supreme Court decision of Cochran v. Fairfax County BZA, 267 Va. 756 (2004), the Virginia Supreme Court construed these statutory requirements to mean that “the BZA has no authority to grant a variance unless the effect of the zoning ordinance, as applied to the piece of property under consideration, would, in the absence of a variance, ‘interfere with all reasonable beneficial uses of the property, taken as a whole.’” Cochran, 267 Va. at 766.

Given this standard, the Cochran Court held against each of the landowners in the three consolidated cases.  This result was despite “compelling reasons … in favor of each of the applications for variances: The desires of the owners, supported by careful planning to minimize harmful effects to neighboring properties; probable aesthetic improvements to the neighborhood as a whole, together with a probable increase in the local tax base; greatly increased expense to the owners if the plans were reconfigured to meet the requirements of the zoning ordinances; lack of opposition, or even support of the application by neighbors; and serious personal need, by the owners, for the proposed modification.”  Cochran, 267 Va. at 767.

BZA members may (and do) ask: What about the applicant whose mother who is ill?  What about a business owner that cannot afford to put the addition in another location? What about the huge costs to the individual homeowner whose bad builder simply overshot the setback? 

Good questions, all.  The legal answer is these substantive considerations rarely meet the legal standard for a variance given the stiff, largely objective nature of that standard.  And appropriately so.  The law ought to apply equally to all.

But the push and pull of tough law and difficult facts make variance applications particularly difficult for BZA members who must face the applicants and vote.  Often, the applicants will have a compelling need but will simply not meet the legal standard. 

In those cases, it is far easier to be a local government attorney who recites the legal standard than the BZA member who has to apply it.

What is Twitter?

Twitter is an online social media service in which folks send out short messages of 140 characters or less (called “Tweets”). People can “follow” Twitter users and therefore receive their Tweets. Users can follow as many or few of the thousands of people, businesses and entities that are on Twitter. To join Twitter, simply go to http://www.Twitter.com , select a Twitter name and a password. Then, you can follow anyone you can find on Twitter. The service is free.

How is Twitter Used?

Although Twitter asks the user to tell people “what are you doing,” it is not limited to that topic. Some folks follow celebrities to be a true fan and know what their idol is doing every hour. It is my guess that most people have no interest in what most other people are doing. I know I don’t. Similarly, you don’t want to know what some celebrity or business is doing? Don’t follow them.

Fortunately, Twitter has evolved into a service that allows anyone to send small bits of information quickly and easily. The ability to shrink long URL (web addresses) and insert them links into a brief Tweet makes it possible to share websites containing large amounts of information with followers. Nightspots use it to promote events. Politicians use it to point to press releases. Businesses use it to issue coupons or sell a new product. Media outlets use it to push their content to followers who want to see it. More and more local governments and local government entities – Fairfax County, Prince William County, City of Virginia Beach, the Virginia Association of Counties, many economic development authorities, just to name a few – are using Twitter to make real-time announcements and share information.

Even law firms like my own Sands Anderson Marks & Miller have started using Twitter to build a network and spread word of their lawyers’ blog postings to more people. For example, my blog is at www.VaLocalityLaw.com, but you can receive word of every blog posting as soon as it appears by becoming a follower @VaLocalityLaw.

The Value of Twitter to You

The real value to a local government attorney, in my estimation, is to gather information quickly, cheaply, in real time. Want to know what your local newspaper is saying about your local government, without logging onto their website constantly? Want to know national or state news that could affect you and your locality? Want to know what your (un)favorite gadfly blog is saying about your clients whenever they say it? Want to know what your neighboring locality is dealing with or trying to promote? They are all likely on Twitter, or they soon will be.

I describe Twitter as a personal web clipping service. You can use Twitter to follow selected media and governmental outlets. You can sometimes “find” people, businesses or entities on Twitter by searching after logging in and typing their name, or by seeing who is following your favorite Twitter user on their profile page. If you find the Tweets interesting, follow them. If you don’t, you can “unfollow” them at any time.

Your Privacy on Twitter

We are all public figures as local government attorneys, so being private online is important.

While you are encouraged to give your real name when opening a Twitter account, it is not required. You can adopt a screen name or pseudonym; all you need is a personal email address, easily available on Gmail, Yahoo and many other services. After opening the Twitter account, you don’t need to say a word. Just don’t Tweet. While I was a county attorney, I never said a word. I merely used Twitter to gather information, much like reading many news media sources. As an additional precaution, you can even require interested people to get your permission to become your follower, just change your preferences on your profile page. When the requests come in, just ignore them or proactively block the requested follower if you like.

Have Questions?

I would be glad to assist any Virginia local government attorney who has questions. Twitter is a big change in how to gather information, but it can be useful. And you need not be more public than you are now. Happy Twittering!