4104 Woodlark Drive
The Past vs. the Present
May 8, 2019:
The applicant filed a lawsuit in Fairfax Circuit Court against the Board of Supervisors, the Chesapeake Bay Preservation Ordinance Exception Review Committee, and all ten individual members of the Committee. The lawsuit alleges arbitrary action contrary to regulation, statute, and the U.S. Constitution has prevented the applicant from building on this lot. The court is asked to declare void the decisions of the Board and Committee, thus allowing building to proceed, and to further grant damages of $1.2 million plus legal costs.

Lawsuit Court Filing
Annandale Blog article

April 9, 2019:
The Board of Supervisors voted unanimously to deny the appeal of the decision of the Chesapeake Bay Preservation Ordinance Exceptions Review Committee, leaving the applicant to reexamine options. This may be the time for the applicant to consider conservation easements.

Board of Supervisors' Action
Annandale Blog article

April 7, 2019:
Braddock District Candidate James Walkinshaw visits 4104 Woodlark Drive and gives a video talk on his his position. While infill development is an important land use tool and will be part of our future, this proposal just doesn't make sense and I can't support it.



April 4, 2019:
Supervisor Cook has recused himself from the Woodlark Drive hearing, scheduled for April 9. He recently became aware that he had an unknown "conflict of interest". Chairman Bulova is expected be the new lead for this case since she is the former supervisor of Braddock District.
Sierra Club Letter to Supervisors | Braddock District Land Use Committee Resolution | Comments of the Friends of Accotink Creek
March 7, 2019:
The applicant has proceeded with work on the site, clearing away the construction spoils that had been dumped there, and apparently spreading them over the lot. They have also installed a sewer hookup. Apparently, the original building permit issued for a 35’ setback was never revoked. It is not clear what the applicant’s strategy is, pending hearing of their appeal to the Board of Supervisors.


Sewer hookup installed and lot regraded without clear future for building plans.
January 26, 2019:
The applicant has appealed the Chesapeake Bay Preservation Ordinance Exception Review Committee's denial to the Board of Supervisors. Although we don't yet know when the matter will be heard by the Board, it appears the county attorney will not be able to make a presentation for at least three months.

This will not be a public hearing. Neither community members nor members of the Chesapeake Bay Preservation Ordinance Exception Review Committee will have the opportunity to speak, unless the supervisors ask them questions.

Let your supervisors know you care

The December 12, 2018, hearing of the Chesapeake Bay Preservation Ordinance Exception Review Committee rejected the application. That was to be expected, since the redesign proposed to meet the Committee members' earlier objections actually increased the intrusion into the Resource Proteection Area buffer along the stream. The applicant now faces the choice of appealing the decision to the Board of Supervisors or truly redesigning the proposed house to reduce the intrusion into the Resource Protection Area.
Annandale Blog article | Committee minutes

The October 3, 2018, hearing of the Chesapeake Bay Preservation Ordinance Exception Review Committee was reportedly lengthy and contentious. After committee members had critical comments the applicant requested a 70-day deferral. It seems the applicant will need to redesign the proposed house.

On January 18, 2018, the Chesapeake Bay Preservation Ordinance Exception Review Committee denied the additional exception. The applicant developer appealed this decision to the Board of Supervisors, but withdrew the request prior to the Board's June 19, 2018, hearing.

Now the applicant developer has renewed their original application to the Chesapeake Bay Preservation Ordinance Exception Review Committee. The case is expected to be heard October 3, 2018. Members of the public may offer input either in person, or in writing.

The Friends of Accotink Creek submitted comments on the need for the protection of Resouce Protection Areas to be maintained. Please find them HERE and use as a model for your own comments. Modify or personalize as appropriate.

SUBMIT YOUR COMMENTS HERE

“Every time there is a compromise, the loser is wildlife.”

4104 Woodlark Drive, a case of the past imposing upon the present:

The Fairfax Hills subdivision in the Annandale section of Fairfax County was established in 1941 with a set of covenants governing use of the subdivided lots. Most lots were built upon in the years fairly soon thereafter. Some lots, however, presented problems, particularly several squeezed between Woodlark Drive and an unnamed tributary of Accotink Creek.

Located entirely within the floodplain, these lots were less desireable and remained undeveloped until now. In the 1990's, pusuant to the Chesapeake Bay Preservation Ordinance, Resource Protection Areas were defined, limiting what development could take place in proximity to the stream, with limited exemptions for preexisting lots.

By the 2010's, surrounding land values had risen enough to make these rare open lots a target. A devloper, K2NC, LLC, purchased 4104 Woodlark Drive and submitted plans for building a house that would intrude upon the Resource Protection Area, as permitted by law, with provisions to minimize disturbance. While this is environmentally unfortunate, there is little to be done absent public or private funds to purchase and preserve the land.

Then it got worse. A neighbor, exercising the rights granted under the covenants, obtained a court order enforcing a covenant provision for a minimum 75' setback from the street. Although the apparent intent was to block all construction, the effect has been that K2NC has requested an addtional Resource Protection Area exemption to move the house even closer to the stream.

Consider these two of the Fairfax Hills covenant provisions:
One covenant from the past that has given way for equal justice

Another that must yield to the duty to preserve our natural heritage

Herein lies the issue - Which shall give way,the arbitrary setback limitation or the very real need to limit destruction of the Resource Protection Area? If the setback is waived, some persons will be displeased, but none will suffer true harm. If the Resource Protection Area is compromised, very real and permanent consequences to stream health will follow.

The Chesapeake Bay Preservation Ordinance Exception Review Committee, a body of citizen appointees, is currently considering whether or not to grant the additional exception. Members of the public may offer input either in person, or in writing.

The Friends of Accotink Creek submitted comments on the need for the protection of Resouce Protection Areas to be maintained. Please find them HERE and use as a model for your own comments. Modify or personalize as appropriate.
- January 13, 2018

SUBMIT YOUR COMMENTS HERE

Supporting Documentation