Evening star., 1948-07-22
|Munson Hill
|zoning Dispute
ayGotoCourt
Foirfox Supervisors
Approve Apartment
House on Truct

A decision of the Fairfax County
Board of Supervisors permitting
erection of apartments on the Az
acre Munson Hill tract may prompt
court action to test a new coming
regulation passed by the Virginia
General Assembly this year
The supervisors by vote of 4-to-2
yesterday overruled the previous
action of the Board of zoning Ap-
peals-which had turned down a
request for permission to erect
apartments on the tract, near the
intersection of Leesburg pike and
Lee boulevard. Board Chairman
Wallace Carper and Maurice w. Fox
voted to uphold the zoning Boards
decision.
Nearby residents who had pro-
tested the apartments before the
zoning agency, appeared before the
supervisors to reaffirm their dis
approval. Their spokesman, Donald
Wilkins, declared that under the
new legislative act the only issue
before the supervisors was whether
the Zoning Board properly applied
the authority delegated to it"
Mrs. wilkins Offers Statement.
In a written statement presented
to the board, his wife, Mrs. Anna
wilkins, said the legislative act re-
moves your authority to do anything
in an appeal from the Board Of
zoning Appeals except decide
whether or not authority has been
abused
Mrs. wilkins statement concluded
that she had not heard lone iota
OF testimony before this board which
might lead it to believe that the
Board of zoning Appeals did not
properly apply its authority
commemorative Attorney Hugh
B. Marsh took the view, however,
that the new law did not pre-
clude any reargument of the merits
of the request before the super
visors. He asked how the super
visors could properly decide whether
authority of the Zoning Board was
abused unless the merits of the
case were presented to the super
visors.
The new statute provides that on
appeals from the Board of Zoning
Appeals, the supervisors shall hear
report of the Planning Commits
sion, the appellant or his attor-
ney and the chairman of the Board
of Zoning Appeals, after which the
supervisors either reverse or uphold
the zoning Boards action.
Court Fight Likely.
Opponents of the apartment prof.
ect declared they probably would
take the issue to court. They con-
tended that apparently some con-
fusion" existed among board MEM
bers as to how they should act in
the matter &
Permission for the apartments
was granted on motion of c. B.
Runyon after the applicant, Irving
Payne, agreed to provide a 100-foot
buffer strip on the side adjoining
Lee Boulevard Heights. Property
owners on the other side of the tract
in the Lebanon subdivision pro-.
tested that they were entitled to
the same protective strip as Lee
Boulevard Heights residents. An
drews w. Clarke, attorney for Mr..
Payne, said another buffer strip
would reduce the size of the apart
ment site to much.
James j. Corbalis, jr, sanitary
engineer, presented proposed con-
tract with Arlington County for
water service to be furnished by Ar
lington to adjacent areas in Fairfax.
The agreement would provide for
monthly rate of 50 per 1000 gallons,
Mr.. Corbalis said The supervisors
deferred approval of the contract
until the next meeting.
A committee was appointed to
look into the possibility of providing
more parking space behind the
courthouse