Last week, the Fairfax County Planning and Zoning Commission approved SE 01-V-005. This week, the Fairfax County Board of Supervisors voted 9-3 to uphold the same request. William Kinder can now proceed with the grading and remodeling of the retaining walls on his three properties on Candlewood Road.
Kinder had made changes to his three properties along the north branch of Little Hunting Creek to prevent erosion. Much of the work had been done without permits and when neighbors complained, he was called before the Planning and Zoning Commission. In 2001, the county issued a stop work order, and the issue has been under varying stages of debate since then. This final approval keeps him from having to tear everything down, but he will have to make some major changes.
While this is a victory for Kinder, it doesn’t come without a cost. After talking with engineers this week, he estimates that all the changes that the county has suggested in their mitigation plan will cost him between $50,000 and $80,000. He is planning to make the changes even sooner that the time frame that he has been given.
"Hopefully, this will proceed with undue hassle and I can get it resolved and get out from under the constraints of the stop work order," Kinder said.
At the Board of Supervisors meeting, there was much discussion about tearing down the walls; this had been initially proposed by some members of the Planning Commission, but others felt that was not an alternative because it wouldn’t be a better way to treat the environment.
"There have been some people [from Planning & Zoning] who were impossible to get along with. The board grilled them pretty harshly, asking them if they disapproved of work that was done, that what are the answers — they didn’t have any," Kinder said.
MOUNT VERNON DISTRICT Supervisor Gerry Hyland voted for the request. Earlier, he had said, "The neighbors want him to clear out and undo [what he’s done]. He [Kinder] is trying to legitimize what he’s done. He’s done a beautiful job and contained the stream. I support finding a solution to leave in place what he’s done."
After the vote, Hyland said, "From the beginning, I said that they need to find a way to keep as much of the work that Kinder had done. It protects against erosion."
Hyland agreed that had Kinder applied for permits originally, some of it would have been denied and said that part of the cost will be for taking out some of the things that Kinder has already put in. Kinder said that he tried to apply for permits many years ago, but was told that he didn’t need them. Kinder’s case is not unique; homeowners all over the county are struggling with erosion, and Hyland said, "There’s a major problem with stormwater management in this county. We’re having to look at each of our watersheds to determine the right things to do to protect our streams. The county has a responsibility to handle and control stormwater," Hyland said. "The county staff is working on an overall general scheme, but it will cost millions of dollars."
The changes that Hyland refers to don’t include helping individual owners build retaining walls; instead he wants to see a plan that will handle the water before it gets to people’s homes. If stormwater is handled properly, there won’t be water gushing by and it won’t erode their properties.
"We need to find a way to protect people’s property," Hyland said.
KINDER WOULD LIKE to sell his houses, but can’t sell them because they come with liabilities no buyer will take. Earlier in the year, he did transfer title of one of the houses to his daughter. Some of the neighbors felt that was a delaying tactic, but Kinder said that he retained all the liability for the property.
"I bought these as temporary residences and would like to sell, but can’t under these circumstances. What I did was the right thing to do. I’m sorry it’s been such a nightmare. I had no idea this would be a problem," Kinder said.