concurring.
I write separately to point out that the majority opinion is consistent with the rule that where a zoning matter is brought before a governing body, a landowner must raise his constitutional claims at that level in order to preserve those claims on appeal to the superior court.1 See generally Dougherty County v. Webb, 256 Ga. 474, 477 (2), *492n. 3 (350 SE2d 457) (1986).* 2
We now extend this rule to those situations in which a landowner seeks a variance from a zoning ordinance on constitutional grounds before an administrative body, a board of zoning appeals, in which there is no appeal to any governing body (commission or council). In these cases, although a board of zoning appeals has been referred to as a quasi-judicial and quasi-legislative body, its powers are distinguishable from those exercised by the judicial and legislative branches. See Bentley v. Chastain, 242 Ga. 348 (1) (249 SE2d 38) (1978). As an administrative body, a board of zoning appeals may not pass upon the validity of the constitutional claim. Nevertheless, the board, like a council or commission presented with a constitutional claim, may act in response to that claim. Here, the trial court held that appellant, to preserve her constitutional claims, was required to raise those claims before the governing body, the commission, although the procedure for a request for a variance did not provide for any appeal to the commission. Under our holding, where there is no appeal from an administrative body (the board of zoning appeals) to a governing body (commission or council) in a zoning matter, a constitutional claim is adequately preserved if raised, as it was in this case, before the administrative body.3
*493Decided October 3, 1990 — Reconsideration denied October 31, 1990. Thomas J. McHugh, Jr., for appellant. McNally, Fox, Mahler, Cameron & Stephens, R. Mark Mahler, for appellees.I recognize this rule is of some vintage, see, e.g., DeKalb County v. Post Properties, 245 Ga. 214, 217 (263 SE2d 905) (1980). It has been stated that, although the governing body does not adjudicate the constitutional claims, it may act in its legislative capacity in response to those claims. Olley Valley Estates v. Fussell, 232 Ga. 779 (208 SE2d 801) (1974). The implication, I suppose, is that the governing body is less likely to respond if the challenge to its zoning regulation is not stated in constitutional terms. Nonetheless, it makes little sense to require a formal presentation of a constitutional claim before a body which cannot determine that claim. Presently, most zoning matters in the superior court are de novo investiga*492tions as opposed to reviews on the record. Raising the constitutional issue in the superior court alone should suffice since the essence of a zoning controversy which reaches this court is an asserted constitutional deprivation by the governing body.
In reviewing this process one may, on reflection, question the rationale of Trend Development Corp. v. Douglas County, 259 Ga. 425 (1) (383 SE2d 123) (1989), in which we held that, as of the date of that opinion, all appeals to this court in zoning cases require an application. The basis of that holding was that an application in such cases is required by OCGA § 5-6-35 (a) (1) as an appeal from a decision of a superior court reviewing a decision of a “local administrative agency.” There are two reasons for questioning that decision. First, the local governing body, in making zoning decisions, is a legislative body, and is not, in any sense, an administrative agency. Second, the superior court does not review decisions of local governing bodies (a city council or county commission) in zoning cases in the manner it reviews decisions of administrative agencies. In zoning cases, “[t]he superior court determines the law and facts from matters presented to it with no deference to decisions made below on either fact or law.” Dougherty County v. Webb, supra, 256 Ga. at 477 (2), n. 3. In its review of decisions of administrative agencies, however, the superior court is limited to the record before the agency and the “any evidence” standard in reviewing the facts. In its appellate role it reviews asserted errors of law. OCGA § 50-13-19 (h) (5). Thus, in a sense, a party appealing the decision of an administrative agency to the superior court has an opportunity for a true appeal, whereas, under our opinion in Trend, unless this court grants an application, the losing party in the zoning case has no such opportunity.
This is consistent with, but no more logical than, the rule that a constitutional claim made on appeal from a zoning matter decided by a legislative body must first have been raised before the legislative body. See footnote 1, supra.