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BOARD OF ZONING APPEALS v. COLUMBIA PIKE LIMITED

192 S.E.2d 778 (1972)

213 Va. 437

BOARD OF ZONING APPEALS OF FAIRFAX COUNTY and Air-O-Four Parking Association v. COLUMBIA PIKE LIMITED, Partnership and Suffolk Properties, Inc.

Supreme Court of Virginia.

November 27, 1972.

Attorney(s) appearing for the Case

N. Brent Higginbotham, Fairfax, Emmett Clinton Yokley, Nashville, Tenn., Arthur John Keeffe, Washington, D. C., for appellants.

Robert C. Fitzgerald, Fairfax, Leroy S. Bendheim, Alexandria (John P. Milligan, Jr., Alexandria, Fitzgerald, Smith & Davis, Fairfax, on brief), for appellees.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

HARMAN, Justice.

The issue here is whether the Fairfax County Zoning Ordinance (Ordinance) compels the landlord of a commercial high rise office building (CO-H zone) to lease and rent parking space only with and as a part of the lease and rental of office space, thereby prohibiting a separate agreement or contract for the rental of parking only.

The Board of Zoning Appeals of Fairfax County (Board) interpreted the Ordinance

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