Text of a letter to the Arlington Zoning Administrator follows:

Terry Russell,
Arlington County Zoning Administrator
June 12, 2007

Per our discussion today, I request a determination on a clear and damaging violation of zoning in our neighborhood.

As you know, many in our neighborhood are quite upset at the long-term unavailability of the athletic field at Wilson School. It is the only athletic field close to our neighborhood. We accepted the emplacement of trailers on the athletic field thinking they were temporary. Instead, after a decade of 'temporary' use, old trailers are being removed and are scheduled for replacement with new trailers.

This is a good time for a zoning determination. The site is just about cleared right now, and no new trailers have been brought in yet.

The site is zoned S-3A which does allow for use of the lot for educational purposes. However, the mandatory eligibility criteria for the S-3A zoning classification are stated in the first paragraph of the S-3A ordinance:

"The purpose of the ˜S-3A' Special District is to encourage the retention of certain properties in a relatively undeveloped state. Land so designated may include publicly or privately owned properties which have distinct and unique site advantages or other features so as to make them desireable to retain as active or passive recreation or for a scenic vista..."

The emplacement of trailers to prevent use of an athletic field is not compatible with the criteria for S-3A zoning.

Mark Antell, President
North Rosslyn Civic Association

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Additional note from Mark Antell to NRCA: Sure would be nice to have some help from someone who knows something about land use law.

The Zoning Administrator has ruled on my filing asking for relief from the current misuse of our athletic field. My filing was posted on this board on June 12. I've posted the new ruling to the address below:

http://mysite.verizon.net/antell_m/1601Wilson070207scan-1.pdf

The ruling is disappointing. Wilson School is zoned S-3A. I based our filing on the introductory language of the zoning ordinance which states that the purpose of S-3A zoning is preservation of land for recreation. I stated that covering an athletic field with trailers is not consistent with this purpose.

Till late last year, Arlington County staff routinely ignored introductory language in the Arlington zoning ordinance. Then, the Supreme Court of the Commonwealth of VA found, unanimously, that such introductory language must not be ignored. Rather, it is statutory and directive.
(see, Supreme Court of Virginia Opinions:Case 052139: Renkey v. County Bd. of Arlington County 09/15/2006 - http://www.courts.state.va.us/opinions/opnscvwp/1052139.pdf)

The Zoning Administrators's ruling on our filing ignores the Virginia Supreme Court decision. For example, the ruling points out that S-3A zoning currently covers all sorts of things like highways and airports. Just so. Staff has mis-applied S-3A zoning in the past! The question is whether they'll continue in their error despite direction from the Virginia Supreme Court.