Land Use Lawyer submitted our letter to the County over a week ago and we’re all waiting for what they’ll say. We’ve decided to scrap the deal if we can’t do it through the lawyer. Based on recent meetings with the County, we don’t think they’ll approve the SE. It’s either lawyer or bust now. Wish us luck…
Land Use Lawyer spoke with us and met with me at Hearthwood yesterday to get a better bearing on her argument. She has found that the County’s flood plain ordinance is illegal in that if they tried to enforce it, they would be changing zones or boundries that only the National Flood Insurance Agency can change by a vote.
It would basically be like a company being started and writing by-laws that dictated only people of one race could be hired in the future. They haven’t hired anyone new yet, but if they do, it will be illegal.
She wanted to make sure the drive was still in use for motor vehicles. She says we can safely count the times we’ve driven on it for whatever reason-trash pickup, kayak retrieval, surveying, etc. “Our Nextdoor Neighbor” also uses it to drive his Jeep back to hunt occasionally during the season.
Our meeting today with County Official 4 was not as “slam dunk” as “Our Nextdoor Neighbor” put it, as our meeting last week. Today County Official 4 explained that even though the County tries to be logical in their approximation of the law, perhaps their definition of logic is not the same as ours. This defines our relationship with the County.
Take a situation as thus: A teacher is attempting to teach physics to Briscoe County Junior, a promising young highschool student with a stubborn streak and complete lack of street knowledge (also known as common sense).
Teacher: So you see that since gravity exerts a force of 9.8 meters per second, second (9.8m/s squared), your object, in this case a house, if suspended 100 feet above the ground, will fall and be destroyed. I wouldn’t recommend you attempt this.
County: That’s not really how I see it. See, I only have jurisdiction over how large my house is, where it is, etc. The gravity exerted by the air molecules around my house really has no effect on it-see, I have it alll worked out here in my formula. The earth’s gravity really doesn’t come into play here-that’s Nature. My logic dictates that my house will be fine.
Teacher: But your house doesn’t exist in a vacuum! Of course the earth’s gravity will have an effect on it. Gravity has set precedence over ALL other things on earth. How is this case different? Just because your logic excerpts doesn’t erase the over-all common sense that your logic is moot.
County: The only way it would affect me is if the gravity exerted by the particles directly around my house were to increase exponentially, bringing it into Nature’s domain. Who knows, Nature could lessen the force of Gravity it exerts and then if I hadn’t taken that into account, I might be out of compliance! At least I’m sticking to my logic consistently here.
And so on.
Essentially County Official 4 nailed down all the things we need (and Civil Engineering Firm 3 needs) to submit the SE. “Our Nextdoor Neighbor” has backed out of this, so as to speed the process through and not present “increased use” to the drive in the SE package. We are still pursuing the route with Land Use Lawyer as well.
We are (again) asking ourselves, “Is Fairfax County a place we really want to live? Want our children to live? Don’t first impressions count for something here?” Would you eat at a restaurant who charged you to get in on the promise that the food was great and then took two years to send out the appetizer? We’re not quitters by far, but it may be time to call it a life.