When William Kinder purchased his home on Candlewood Drive in 1979, he had no idea how bad the erosion was. Located on the edge of stream (North Branch of Little Hunting Creek), the water came along his property and caused a lot of damage, including the shifting of his aboveground pool.
Kinder said that he talked to the county about doing something and according to Kinder, county officials said there wasn't anything that they could do. According to the homeowner, the county did not object when Kinder said that he would do something himself to solve the problem of erosion.
Using guidelines provided by the county, he built a retaining wall for his property.
"That solved the problem," said Kinder.
If that had been the end of the story, there probably would be no dispute, no public hearing and no issues with Fairfax County.
However, Kinder liked the area so much that he purchased the two homes adjacent to his original residence. His daughter moved into one and Kinder and his wife lived in the middle one while their original house was being renovated.
"When I bought the other two properties [in 1996 & 1997], I discovered an even worsening erosion problem," said Kinder, who believes that the erosion worsened after the construction work was completed on Collingwood Road. When they widened the road, they also raised the bridge that goes over the stream near Kinders' properties.
"They improved the flooding problem, but by increasing the velocity of the stream, the erosion got really bad," said Kinder. "This time I went on the assumption that the county wouldn't be able to do anything, and I fixed the problem myself."
Kinder spent thousands of dollars and hundreds of man hours hauling wood and other construction materials to his backyard to create an elaborate series of retaining walls.
A problem occurred when one of his neighbors asked him if he had a permit. He did not, and the neighbor complained. In 2001, the county issued a Stop Work Order.
"Ever since then, I've been trying to figure out what to do," said Kinder, who applied to the Planning & Zoning Commission for a Resource Protection Area (RPA) exception. With this exception Kinder has asked "To permit existing fill, retaining walls, terraces and other structures to remain in the floodplain and to permit additional land disturbing activity to occur within the floodplain. The applicant is also requesting an exception to the criteria and requirements of the Chesapeake Bay Preservation Ordinance (CBPO) under Section 118-6-9 to permit encroachment into the Resource Protection Area (RPA) for the uses depicted on SE 01-V-005."
LESLIE JOHNSON, branch chief with the department of Planning & Zoning special exceptions branch, was assigned as staff coordinator of Kinder's application (SE-2001-MV-005). She is familiar with the case, having worked on it for the past few years.
"The owner has built a series of retaining walls without approval or permits," said Johnson. "He is trying to rectify the violations and bring [his property] into compliance with county code. What they're asking for is a section exception for use in a flood plain, as well as an exception to the Chesapeake Bay Preservation Act."
A Public Hearing with the Planning and Zoning Commission has been set for Thursday, April 29, at the Fairfax County Government Center. In the meantime, a staff report was released last Friday. It is available online at http://ldsnet.fairfaxcounty.gov/ldsnet/ZAPSMain.aspx?cde=SE&seq=3200201. (click on Staff Reports). Printed copies are also available at Mount Vernon District Supervisor Gerry Hyland's office.
Jim Davis, chair of the Environmental Committee for the Mount Vernon Council of Citizens Associations, said that the council passed a resolution in September, 2003, "approving a mitigation/compensation plan for SE-01-V-004 that is acceptable and monitored by the Northern Virginia Soil and Water Conservation District with the provision that development will be complete within one year of approval and will be fully funded by the property owner of said Candlewood properties."
Davis said, "We were looking for the middle ground, thinking we could get a better situation for everybody."
He believes that the streams would be worse for everybody if the walls were taken down, and that it would be more advantageous if Kinder restores the 500 feet of shoreline. At $180 per linear foot, Kinder would not be getting off without a penalty; the total for that restoration would be $90,000.
"To tear down the walls would cause a big, fat environmental mess," said Davis. "All that soil would be exposed during the Spring rains."
THE PLANNING and zoning commission will take the staff report under recommendation, and will also listen to input from the public at the hearing. Several neighbors who are concerned about the construction are expected to appear at the hearing. Kinder said that he knows neighbors who are not against the development, but has not as of this time asked them to appear on his behalf.
One of the neighbors who is planning to attend the hearing to protest is Suzanne Cleary. She lives a few doors downstream from Kinder's properties and has lived on Candlewood Drive for 10 years. She is involved with the environmental group, Green Sanctuary, which is based at Mount Vernon Unitarian Church, and is concerned about the impact of the work done by Kinder.
"I truly think that other neighbors are affected as well [as us]; maybe even the whole watershed," said Cleary. "My question is, 'Is it safe?' My daughter and I walk through there and I'm concerned about the safety [of the retaining walls]."
Cleary also questioned whether or not the changes have been done legally and if he's gone over the property line with his structures.
"It looks to me like the property has been extended; if that's the case, they're setting a dangerous precedent," said Cleary, who also wonders what kind of fill Kinder used.
"We have owls, fox, raccoon and deer in our backyard, what's this [construction] doing to them?"
Johnson has been out to the properties several times and believes that the structures have altered the course of the stream.
"We've been working over the years with the applicant, consultants, engineers and county agencies. We're trying to get something everyone can agree to," said Johnson.
For Kinder, the worst case scenario would involve removing all of his retaining walls.
"I just don't know what the answer is, but I don't think taking the walls out is the answer. I was just trying to be a good citizen. When I found out they [the county] were unhappy, I tried to come up with remedies," said Kinder, who has proposed planting and grading to restore the stream banks.
For more information, contact the Zoning Evaluation Division, Department of Planning and Zoning, 12055 Government Center Parkway, Suite 801, Fairfax, Virginia 22035,, (703) 324 1290.