County rejects Nokesville home

It was a split decision, 5-3, but in the end Prince William supervisors told a West Virginia couple Tuesday they couldn't build a home on their 16-plus acres of Nokesville property.

One cited reason: The owners should have known at the time of purchase that the county would never approve a sewer hookup to the existing line, given the proximity of the property to the Rural Crescent.

"Certainly this is a difficult decision," said vice chair John Stirrup, R-Gainesville, explaining his vote. "But you have to go back and put the burden on the property owners. The county provides extensive maps and it's very easy to spend some time and do some due diligence on any property you're thinking of investing in."

In 2005, Gilberto and Cintia Guel purchased the property at 13301 Fitzwater Drive with intent of someday building a single-family residence. Since they encountered financial hardship and to save their West Virginia home, they decided to sell the Prince William parcel.

They found a buyer but to their reported surprise, learned they could neither hook up to the area's existing sewer line—because of county Comprehensive Plans—nor install an alternative system because of state prohibitions.

As such, the buyer balked and the Guels went to the board to appeal the previous sewer hook-up denial that came at the recommendation of staff and, by tacit agreement, the Planning Commission.

"Our recommendation is you support the determination of the Planning Commission," Ray Utz, chief of long-range planning for the county, told board members at Tuesday's appeal.

Agreeing were Stirrup and Chairman Corey Stewart, R-at large, along with supervisors Maureen Caddigan, R-Dumfries; Frank Principi, D-Woodbridge; and Michael May, R-Occoquan.

Stewart said he found it difficult to believe the Realtor who helped the Guels purchase the property had worked 13 years in the county but did not know the prohibitions related to sewer in the Rural Crescent.

Caddigan said the property owners did not lose all rights to build on their land—that they could still, as Utz previ-ously explained, construct a church, a school, a park, a library or another public facility.

May said he found the issue similar to that of a recent appeal involving a Fast Fuels gas station and whether the Comprehensive Plan allowed the business to erect a red, yellow and white striped sign. Then, the board ruled "no" and in so doing, ordered the sign be removed and solid white erected in its place. Likewise, the board ought to uphold existing land-use planning in this case, he said.

And Principi said simply he "would vote in support of staff."

On the other side, though, came concern for private property rights.

"I think there are very core fundamental property rights and building a [home] is one of those property rights," said Supervisor Martin Nohe, R-Coles. "I'm a big supporter of the Rural Crescent … but one house is consistent with our Comp Plan and to take away that very fundamental property right is not consistent with our community's [vision]."

Supervisor John Jenkins, D-Neabsco, meanwhile, was even blunter.

"I feel this will be an unlawful taking … it leaves the property owner without the use [of their land] … and I don't see why we would deny the gentleman and lady the right to build a home," Jenkins said.

Supervisor Wally Covington, R-Brentsville, suggested a change in the structure of assessments was warranted after learning the Guels had paid property taxes on the land since the date of purchase at a value that factored in the ability to build a home.

The Guels, who did not speak at the board meeting but instead had attorney representation, said in an earlier inter-view they would pursue the matter in court if supervisors denied their appeal.

The board actually decided the appeal with two separate votes. First, Covington motioned to overturn staff and support the Guels' appeal, but only Nohe and Jenkins supported. Following, Stirrup motioned to support staff and deny the Guels' appeal; then May, Stewart, Principi and Caddigan cast votes in favor.

Staff writer Cheryl Chumley can be reached at 703-670-1907.