<bt>When is a private back yard eligible to become public property? For Mike and Joyce Field of McLean, that has become the $500,000 question.
When they purchased their home on Leesburg Pike in 2003, one of the most attractive features was a large, open field at the back of the property that seemed large enough to construct a soccer field to host practices for their son’s soccer team and maybe a few pick-up games now and then.
However, questions arose within the county’s Department of Planning and Zoning after the field had been constructed as to whether the proper permits had been filed, and the Fields found themselves in front of the Board of Zoning Appeals last fall to plead their case.
On Tuesday, March 15, the BZA found the Fields in violation of several zoning ordinances, including the construction of a quasi-public athletic field on private property without an approved special exemption and conducting land-disturbing activities.
When it comes to playing soccer, adults often have difficulties finding a field to play on, said Michael Field. “I bought the house in 2003 with the intent to put a field in the yard, and now they want to take my field and make it public,” he said.
Field said he went through all the proper channels and filed for all the permits and ordinances he needed, but after the project was completed he received notification that the special grading permit he had received approval on had not been approved at all.
“I have internal documents and e-mails that show they [Department of Planning and Zoning] went back and changed” the approval, he said, adding that he received the documents by subpoenaing them during the appeal process.
“The staff report is 75 percent inaccurate, the documents are false and filled with innuendoes.”
One of the mistakes Field cited was a claim that he used 20 feet of fill to even out the field. “I only used 18 inches. That’s a far cry from 20 feet,” he said. “There is not a four-foot retaining wall, there’s a three-foot wall, and anything constructed under three feet does not need a permit."
Since the field has been in use, Field said he’s received calls from all over the area from groups and organizations, including McLean Youth Soccer, requesting to use his field, but he refuses the requests.
“We play on Sunday afternoons. It’s mostly parents of kids who play soccer in Great Falls,” he said. His son’s team practices there three days a week from 6-7:30 p.m. “We use the field, at most, six hours per week,” he said, arguing claims that the field is used several days each week for many hours.
“IF THIS FIELD IS rezoned for quasi-public use, it would be used all the time,” he said, adding that he would lose all control over the time of use and how frequently games are played. “If it’s rezoned, it would be under the control of Fairfax County, but this field is on private land without any money coming back to me for its use.”
Field said if the zoning had to change at all, he’d prefer to zone it commercial recreational, in which case he’d be able to rent out use of the field but control the hours of operation.
“We do not have league games here,” he said. “We don’t have scheduled matches. These are people I’ve played with for 15 years on different leagues, but these games here are not league games.”
Field's neighbors, for the most part, have been involved in the process of building the field. “The neighbor to the right of me has helped me with the entire process, the neighbor to the left is a nursery that helped me with my landscaping,” and no complaints have been made to him personally, he said.
The field was never intended to be a permanent fixture, he said. “The land value will most likely continue to go up, and if we end up selling the house, the field comes up too, it’s Astroturf,” he said.
Backyard athletic fields are common in the area, Field said. “I came up with a list of people who have baseball diamonds in their back yards,” he said. “The neighbor who complained has two lacrosse nets and a soccer goal in their back yard. The reason we’re a big deal is because it’s a big, Astroturf field.”
Building the field cost Field $500,000, he said. “A contractor wouldn’t do any of the work I needed done without a permit. I have approved documents. We can appeal the decision, we can sell the property and get a bigger one. We could donate the (Astroturf) to Great Falls Soccer,” he said.
Internal notes made by the Zoning Administration, Field said, claim that if the field is not used for league games, it’s not considered a public use. When a representative of the Zoning Administration talked with a few players one weekend, the players were asked if they played in a league and they said yes.
“They do play in a league, but this is not a field for league games,” Field said.
The main focus of the complaint centers on the grading plan, which Field had to have a contractor come out and execute. “There’s no teeth in anything else, which is why they changed the grading plan and took away the approval,” he said.
MIKE CONGLETON, deputy zoning administrator for the zoning enforcement branch, worked on this case and said that the decision made on March 15 will force the Fields to bring their land into compliance with zoning regulations.
“I will be working with the county attorney to determine how to best bring them into compliance, but all violations will be addressed,” Congleton said. He did not go into further details and said all other information pertinent to the case is available in the staff report, a 46-page document that includes photographs of the field, zoning maps and letters sent to the Fields and their attorney, John P. Burns Jr.
Burns, it might be noted, plays soccer with Field on his property on occasion and was, at one point, planning to rent the property when the Fields were considering selling the property.
In terms of falsified documents, Congleton said he had “no idea what Mr. Field is talking about. There are no altered documents in the staff report,” but that “Mr. Field can appeal the ruling to the circuit court.”
Burns was unavailable for comment despite repeated calls to his office.