Or, why I shouldn’t have cleared that dang thicket.

On May 28, 2013 my sister, Sharon, my nephew, Kris, and I were clearing a thicket growing in the field along side the property line.  I wanted it cleared because it mostly consisted of a bush I can’t stand.  I don’t know its botanical name, I simply call it the weed bush.  John had cut the remainder of the field the day before.

While clearing the thicket I noticed an iron stake, it looked like a property stake.  I nearly tripped on it.  I wondered what the stake marked.  I wondered if it was another of our property line stakes, but thought not, for it was too far inside our property.  If it was our stake, then I needed to get a bill ready for the neighbor – services rendered, clearing of shared thicket.

We continued to clear the thicket for 2 more days and upon completing the clearing, I pointed out the stake to John.  John was a little more thoughtful than I and more concerned.  He measured.  He told me that if that were indeed our property stake, our house was too close to the abutting property, we were short of the required 25ft. setback by 10.75ft.

Oh dear!

Our builder had informed us that he was taking a 4-day weekend, Thursday through Sunday, and would return to the office on Monday.  It so happens that on that same Thursday windows had arrived and were being installed.  Not being completely satisfied with the windows, John and I voiced our displeasure to the installer and told him we’d take it up with the builder come Monday.

After talking about the property stake between ourselves, John and I decided we should call the builder’s office to leave a message giving the builder a head’s up for his return on Monday.  Before I could speak, the office manager told me that she had told the installer to hold off on installing more windows until our displeasure was addressed.  I thanked her and laughed a bit and told her I was calling because there potentially was a problem more grave than a couple windows.  I let her know about the stake.  She sounded as shaky about that news as John and I were.

The builder didn’t wait until Monday to return our call.  He told us there was no possibility the setback was wrong.  We said okay, but let’s double check everything on Monday.  After ending the phone conversation, John and I decided to visit Stella and remeasure.  We were not there 5 minutes when the builder arrives in what appeared to be his Bat Mobile.  He was flying.

Much to everyone’s dismay the setback was incorrect.  John and the builder pulled twine between the front property stake and the back property stake and that one in the middle, well, it was in perfect alignment.

Donkey balls!

The builder had made an honest, but damaging mistake.  The following day, Monday, the builder visited the county offices and filed an appeal for a variance.  Our appeal would be heard on Tuesday, July 9, 2013.  The builder was given permission to continue work until the house was “weathered.”  The builder and I also visited our neighbor, the owners of the abutting property to inform them of the builder’s mistake.  The owners, Anne and Elmo Cross, could not have been more supportive.  Both wrote letters to the county stating their support and that they had no issue with the 14.25ft setback as opposed to the 25ft requirement.

At the time of the July 9 hearing before the Hanover County Board of Zoning Appeals (BZA), our thus far progress went as far as the roof being shingled, all the windows and doors in place, the dormers sided and the interior electric and plumbing partially completed.  Despite the confidence of our builder that the variance would be granted, our appeal was tabled for 60 days – until the September 10, 2013 BZA meeting.  The BZA’s request of us was to secure a signed letter from Ann and Elmo Cross stating that they could not accommodate us by trading with or selling to us a small parcel of their land to satisfy the 25ft setback requirement.  The amount of land I’m talking about here is about 330 sq. ft. – a 22x15ft room – it looked like the moon of a thumbnail on the plat drawing.  The BZA said they needed more than our word that the Crosses could not accommodate us, they needed the Crosses to state it in writing.

For the love of God!  I could have secured and provided the letter the very next day, but noooooo, we had to wait 60 days.  Sigh.  Oh, I failed to mention that the BZA also issued a Stop Work Order.  Heavy duty sigh.  No, make that fits of tears!  We were devastated by the postponement and by the Stop Work Order.

September 10th seemed so far away, like such a long time.  In construction-speak, especially to the clients, it is a long time.  Because we had been on site every day since construction began, it was difficult for us to alter our schedules, at least it was for me – how would I now occupy my days?  As of July 1, 2013, John “unretired.”  It would be easier for him to adjust.

John likes to tell people that I told him he needed more structure.  While that is partially true, he also was bored.  It would be difficult for anyone to acclimate to retirement if the acclimation took place somewhere other than your own home and among boxes filled with your stuff from which you had, had to I tell you, remain separated.  Anyway, John went back to work — with the county, of all places, in the IT Department.  No, in case you’re wondering, his employment with the county helped us nary a lick.

Meanwhile Stella sat there, majestic as ever, but lonely.  Although she hadn’t been abandoned, she looked it.  John and I frequently would stop by to pat her, to remind her we love her and to let her know we were fighting for her.

Our builder hired an attorney to help us with our case – hopefully, to help us win it!!  I met with the builder and the attorney on two occasions, the builder met with him other times when I was not present.  The builder and I were given assignments.  My assignment was to provide pictures of the property after rainstorms and to write an essay of sorts that would humanize our case.

This task proved very emotional for me in that I had to revisit all the details that brought John and me to Virginia.  It all started of course with the deaths of our spouses, John and MaryLisa.

The builder and I submitted our assignments to the attorney.  The attorney was delighted with the pictures we had been capturing for the purpose of submission to VDot to give effort to correcting the poor drainage on Georgetown Road, and on our property and the property of 4 of our neighbors.  How fortunate for the variance case that the pictures had been taken.

Finally our wait was over.  The calendar flipped its page to September 10, 2013.  For about 30 minutes, our attorney spoke on our behalf and midway through his oration, with the biggest and sweetest smile on his face, John leaned into me to whisper, “he’s sold me.”

Then as they say, whoever “they” may be, the shit hit the fan.

During the next hour and a half we were put through the wringer.  It literally felt to me that I was being physically assaulted.  New questions were asked of us, new items were requested from us.  The items we brought forth to further support our claim that the present location of the house was the best and only place for the house were examined under a microscope.  My sister’s health was questioned.  Documents of proof were requested, for in the BZA’s eyes, what was presented could not be viewed as factual.

A motion was made to deny our appeal.

You could hear our hearts sink and hit the floor.

Next we were told that we had filed our appeal in error, that we had not prior included nor mentioned any of the statements we were making that night.  They motioned that our current appeal be rescinded for it was in error and a new appeal submitted.

What?  Were we not on record somewhere as valid?  Wasn’t our appeal okay in their eyes 60 days ago?

They suggested to us to accept another 60 day postponement in order to have a geological study done on the property and to secure documentation supporting my sister’s health issues.

I sat in enraged silence, although John said I was huffing a lot (my dad always called it blowing when I would heavily sigh).  John began to feel ill.  I leaned to the attorney and told him to have them read the minutes, that in the minutes they would find that we had satisfied the requests made of us at the July meeting, the requests that were the reason at that time, for the 60 day postponement.  I told him I felt the BZA had mislead us, deceived us and were manipulating us and that I was not going to tolerate it.

The minutes were read.  The minutes clearly stated what was requested of us and it was clearly determined that we had satisfied the request.  However!!!! what they did next was to ask for a 5 minute adjournment for our counsel to confer with us about our desire to insist upon a vote that night or to agree to another 60 day postponement.  John and I agreed and adamantly expressed our opposition to a postponement.

Two board members mistook us for idiots and were in our faces (without actually being in our faces) to ensure we understood what was at stake, inferring that we were facing a denial of our appeal.  John and I shook our heads in understanding and in our minds  spoke a few choice expletives.

Next thing we know there is a vote to approve/deny the motion to deny our appeal.  The deny motion was denied.  Immediately thereafter there was a motion on the floor to approve our appeal.  The approve motion passed 5-2!  We came into the meeting biting our nails not knowing if we’d garner the 4 needed votes and here we got 5!  Yippe ki yo ki yay!

John, the builder and I sat there in shock.  None of us was exactly sure what happened.  We questioningly looked at each other and asked, “is what I think just happened, actually what happened?”  “Had they ceased firing the hailstorm of cannonballs?”  We decided yes and together with our attorney, high tailed it out of the auditorium before they could change their minds.  We felt intense need to emit loud sounds of joy and gratitude and to see if with our 4 heads together, we could figure out what had just happened in that hearing room.

All I know is there are a lot of dead horses in Hanover County and they are unmercifully beaten.

Sweet, sweet victory was ours!

The very next day John received an email copy of the letter being mailed to us from the county confirming the BZA’s approval of our variance.  All that is needed now is for the builder to visit the county offices to secure the proper signoffs on permits and such, giving the go ahead for the re-commencement of construction.  Come next Monday, I hope to be hearing the sounds of power hammers and saws and the sometimes foul language of construction workers.  It will be sweet music to my ears.

I’ve perched the email copy of the letter in one of the blue velvet Queen Anne chairs for us to gaily gaze upon.  If only I had a crown to set atop the chair to make it a truly regal place for that beloved email copy of the letter.

Glory be to God for the calling of bluffs.  Amen.