housing

Two proposed 6-plexes in Alcova Heights clear a neighbor’s attempt to appeal them

By Jo DeVoe
1/2

Arlington’s Board of Zoning Appeals has rejected a neighbor’s attempt to stop two proposed Expanded Housing Option developments in the Alcova Heights neighborhood.

An affiliate of local homebuilder Classic Cottages proposes building two side-by-side six-plexes at 4015 and 4019 7th Street S., bordering Alcova Heights Park and a couple of blocks north of Columbia Pike.

A neighbor fought back, filing an appeal with the BZA, which takes up appeals to any decisions or determinations made by the county’s Zoning Administrator.

Normally, residents go to the BZA to appeal decisions related to plans to build additions or add front porches; this appears to be one of the first appeals related to new Missing Middle developments.

In February 2023, before the Missing Middle ordinances were approved, Classic Cottages submitted a request to re-subdivide two properties in a “pipestem” configuration, where the boundaries of one property form a “pipe” around the other. After the Missing Middle or Expanded Housing Option (EHO) ordinances went into effect in July, Classic Cottages submitted permits to replace the current single-family home and circular driveway spread across the two lots with a pair of 6-plexes.

“Pipestem” lots are a rarity now because many years ago, they were so hated by the community that the Zoning Ordinance Review Committee got the county zoning ordinance amended to make pipe-stem developments more difficult, says Barnes Lawson, the attorney for Classic Cottages.

“The reason is that you had problems with driveways. You had houses behind houses. It was just not the ideal way in which to provide housing for our community,” he said.

The ‘pipestem’ lots in Alcova Heights (via Arlington County)

In her appeal, neighbor Kelley Reed argued that the permits were illegally issued. She contends the lots, created via subdivision, did not yet exist in county land records when the permits were issued. Also, she said, they do not conform with the 60-feet minimum width required for EHO developments and the EHOs would have to be put on portions of the lot that cannot be built on.

“This is not a pro- or anti-EHO case,” said Reed. “This case has ramifications far beyond EHO and regardless of use, as this case is about getting the math right. It’s about following the rules. It’s about not cherry-picking definitions. Please correct the staffs’ errors and reject the wrongly approved permits.”

Several neighbors joined the chorus, dwelling less on the math and more on how the project does not fit with the surrounding houses and would hurt the neighborhood.

Jamshid Kooros, who identified himself as a Missing Middle supporter, argued that building multifamily buildings on narrow, deep lots would make this project “the poster child of those who oppose the changes.” That has already come to pass, however, as the project figured into a recent presentation by Arlingtonians for Our Sustainable Future, a local group that has argued against the policy changes.

Others, including the president of Classic Cottages, came to its defense, arguing that residents are hijacking the purpose of BZA appeals to relitigate Missing Middle.

“In all the years we’ve been doing this — building houses all over the county — it never occurred to me that adjacent property owners could file BZA cases against one of our projects. It’s never happened before,” David Tracy, the president of Classic Cottages said. “This particular case seems to be more about the EHO policy itself and I would respectfully ask that, to the extent that it is the policy that’s being challenged, that there’s a proper venue — a larger court case that’s being handled right now.”

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Del. Adele McClure notches first legislative success with bill expanding minimum wage laws for farm workers

By James Jarvis
Adele McClure (courtesy of Adele McClure)

Del. Adele McClure is quickly making her mark in the Democrat-controlled Virginia legislature, just weeks after taking office.

The 2nd District representative’s first legislative success of her tenure came last week when the House of Delegates narrowly approved her bill to broaden the state’s minimum wage protections to include farm and temporary foreign workers.

“I had so many candid conversations with farmers who expressed that they are already paying their workers at or above the minimum wage,” McClure said in a press release. “My bill specifically addresses those outliers who, on the contrary, continue to pay workers lower wages while still demanding higher and higher output–which undercuts farmers who are doing the right thing and paying their workers fair wages.”

HB 157, which narrowly passed with a 50-49 vote, is now proceeding to the Senate, also controlled by Democrats.

Del. Jeion Ward, chair of the Labor and Commerce Committee, initially introduced this bill in 2021, arguing the farmworker exemption stems from Jim Crow-era discriminatory laws. At the time of its adoption in 1938, some lawmakers opposed paying farmworkers, many of whom were Black, the same rates as white laborers.

Ward’s bill failed in the Senate following opposition from agribusiness lobbyists who claimed farmers were already adequately compensated.

Inspired by Ward’s efforts, McClure told ARLnow that she wanted to continue where Ward left off.

“She has made valiant efforts to move that forward and ensure that the farmworkers are part of the conversation,” McClure said.

McClure claims the bill would only impact a small portion of farmers paying well below that minimum wage, which she says undercuts those who “pay their fair share.”

“These workers are just super hardworking… and they deserve to be protected under the minimum wage act like everybody else,” McClure said.

Over the last few years, Virginia’s minimum wage has risen from $7.25 to $12 per hour, a result of Democrat-endorsed legislation enacted in 2020. This law also sets out future increases, proposing a rise to $13.50 per hour in 2025 and $15 per hour in 2026. However, these planned hikes are contingent on further approval from the General Assembly.

Several other bills sponsored by McClure have also passed committee and are scheduled to be introduced on the House floor in the upcoming weeks.

These include a bill mandating firearm locking devices during the sale or transfer of firearms, a requirement for landlords to provide alternative housing options when a tenant’s unit is damaged, and a bill calling for law enforcement training standards to aid in preventing drug overdoses.

“I feel very privileged and honored to be in a position where I can effect so much change and so much change so quickly,” she said.

McClure admits she is unsure if her bills will make it past Gov. Glenn Youngkin’s desk, but she emphasized that each of the bills she has introduced has strong support from her constituents, which boosts her optimism.

“A lot of these things we’re passing are to help improve the lives of our fellow Virginians, so hopefully, he’ll take that into consideration when he’s wielding that pen,” she said.

The ’12 Days of Christmas’ gets a remake focused on Arlington land-use debates

By Jo DeVoe
1/3

It won’t ever beat “All I Want for Christmas is You” on the charts but a new Arlington-specific Christmas song is out, recorded by the group that was on the opposition side of several land-use flashpoints this year.

Arlingtonians for Our Sustainable Future, a neighborhood group that has advocated against everything from Missing Middle to a new planning document for Langston Blvd, dropped an alternative “12 Days of Christmas” this week.

It mocks the policy changes and projects Arlington County undertook this year — the same policies for which other local groups spent the past couple of years advocating.

The short song, brought to you by the same people who brought tombstones for the “Arlington Way” to the final Missing Middle hearing, reiterates criticism ASF raised regarding heights, environmental impacts, governance or displacement and other predicted outcomes of growth.

And the kicker? A tribute to the paused second phase of Amazon’s second headquarters in Pentagon City: PenPlace, best known for the proposed marquee glassy double-helix building.

The lyrics are below.

On the 12th day of Christmas, my true love gave to me:

12 story towers,
11 displaced tenants,
10 YIMBYs leaping,
Nine acres bulldozed,
Eight vacant buildings,
Seven cars a-swimming,
Six-plex a-zoning,
Five special GLUPs.
Four homeless birds,
Three lawsuits,
Two lame ducks,
and a PenPlace that never will be.

While this take on the “12 Days of Christmas” had a sardonic edge, the proverbial 10 YIMBYs leaping do see this year as one to celebrate, kicking off with the ratification of Arlington’s Missing Middle policies.

In late 2023, YIMBYs of Northern Virginia saw the fruits of their advocacy in the passage of similar zoning ordinances in Alexandria. In between, organization members were busy responding to engagement opportunities on development projects moving through Arlington County approval processes.

“We are proud to have joined with a diverse set of community advocates to end exclusionary zoning in Arlington and Alexandria, reduce burdensome parking mandates in Fairfax County, support new market-rate and committed affordable apartment buildings, and elect forward-looking leaders across the region who prioritize making their jurisdiction a more inclusive, sustainable, and affordable place to live,” the group said in a statement.

The group invited anyone who shares its “Yes in My Backyard” values to celebrate the New Year on Jan. 14, 2024 from 5-7 p.m. at Makers Union pub in Pentagon City.

First homes at the former Febrey-Lothrop estate expected to be ready early next year

By Jo DeVoe
1/6

The first homes being built on the old Febrey-Lothrop Estate could be ready for move-in early next year.

Developer Toll Brothers says its nine quick move-in homes at ‘The Grove at Dominion Hills’ are in progress and expected to come online in early 2024, according to the company’s D.C. Metro Division President Nimita Shah.

A model home has been open for tours since September, she said.

The first available models, per the website, are each 3-story, 5-bedroom homes priced at $1.9 million. They come with interior and exterior finishes picked out by designers.

There are 10 to-be-built home sites available, for which home buyers can choose their floor plan and personalize their finishes, says Shah.

Potential homebuyers can also take a “hard hat tour” of a home next Sunday from 1-3 p.m, according to the website.

The aging but notable Febrey-Lothrop house on the 9-plus-acre estate, at the corner of Wilson Blvd and N. McKinley Road, was demolished to make way for news housing after local preservationists, including the Arlington Historical Society, were unable to find a way to stop the project in time.

Attempts to get the county to purchase the site, parts of which date back at least to the Civil War, or to give it a local historic designation, failed.

The history of the site lives on in the names of some of the home design names — dubbed “Randolph,” “Rouse” and “Woodward.”

Alvin Lothrop, one of the namesakes of the Febrey-Lothrop Estate, was a founder of the Woodward and Lothrop department stores chain in 1898. The estate’s last owner before Toll Brothers was a trust for the local sportsman Randy Rouse.

The history, however, will be preserved in part through markers the Dominion Hills Civic Association plans to put up.

“We are in the research and design phase, including seeking input from members of our community,” says civic association President Terri Schwartzbeck.

The civic association received a $6,600 grant from Arlington County to create and install them.

“This land represents a rich swath of Arlington’s history, and the signage will include information about the Powhatan people, the Civil War, and the 20th century,” the county press release said at the time. “These new markers will allow residents and visitors to share in this forgotten history.”

The community includes new streets, curbs, utilities and street trees, Shah noted. In a bid to improve stormwater retention and water filtration, Toll Brothers added permeable driveways and, for each home, rainwater collection tanks and planter boxes.

County approves more Missing Middle projects after trial date set for lawsuit

By Jo DeVoe
An anti-Missing Middle sign in front of a house in Westover (staff photo by Jay Westcott)

Although Arlington County is set to go to court next summer over its Missing Middle zoning ordinances, it has not stopped approving these new housing projects.

Judge David Schell has scheduled a 5-day trial to begin on July 8, 2024 after ruling in October that the 10 residents suing Arlington over the ordinances had standing. Among other claims, they argue the county violated state law by not sufficiently considering the impacts of Missing Middle.

“The court found it ‘readily apparent’ that a homeowner whose land is rezoned could sue, adding that it would be difficult to understand how such a property owner would not have standing,” per a press release from Arlingtonians for Upzoning Transparency, or AfUT, a group that formed in opposition to the ordinances but is not a party to the case.

“Such a challenge, the Court stated, was a ‘quintessential use’ of the law,” it continues.

The county disagrees. Arlington County Board Chair Christian Dorsey told AfUT in an email it “is wholly within the purview of the local legislative body, which has the constitutional authority to make countywide land use decisions, revisions, and repeals if necessary.”

“It is our position that the Judiciary should not substitute its judgment for decision-making expressly reserved for the local legislative body,” Dorsey continued.

Arlington County will attempt to appeal the judge’s standing decision in a hearing on Jan. 11. Should the judge grant the appeal, the Virginia Court of Appeals would decide whether to accept the case.

“The County’s hubris in claiming that the courts don’t have a role in reviewing EHO zoning is astonishing,” says Dan Creedon, speaking for Arlington Neighbors for Neighborhoods, the organization that is financially supporting the lawsuit. “But now that a trial date has been set, and maybe reality is setting in, the County is seeking an appeal that could delay the trial and add tremendous expense to the litigation.”

The residents, meanwhile, plan to appeal the judge’s decision to deny its claim the county violated Freedom of Information Act laws in how it disseminated information to the County Board and the broader community.

“They had argued that they asked the County clerk for all public comments and the clerk emailed a link to the County website that had only a few letters,” anti-Missing Middle group Arlingtonians for Our Sustainable Future said in a press release last week, after the trial date was set. “A FOIA request revealed, in fact, the County had far more.”

Twenty-one Missing Middle projects — about a third of the 58 permits currently allowed per calendar year — have been approved as of last week, according to the county’s permit tracker. Five are under their first or second review, eight had their first review rejected and one application was withdrawn.

None of the projects are located in the county’s zoning districts with the largest lot sizes, or 8,000 to 20,000 square feet.

Developers who spoke to ARLnow said their project’s status depends on how many of the required permits they have in hand.

Home builder Ned Malik, whose Bluemont neighborhood project has started demolition following county approval, says he is undeterred by the lawsuit.

“We’re hoping to get started on construction in the first quarter of 2024,” Malik says. “We are moving forward on it. We definitely would be a witness for the county [as to] why it’s a much-needed thing, smart thing to do.”

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Odd plaque near the Madison Community Center no longer includes antiquated Civil War reference

By Jo DeVoe
1/2

A curious plaque outside a private development in the Old Glebe neighborhood underwent some copy-editing in recent years.

The plaque is attached to a large stone on the corner of N. Richmond and Stafford streets, near where Fort Ethan Allen once stood. It marks the entrance to a development across the street from the Madison Community Center and Fort Ethan Allen Park, built by former developer and prominent philanthropist Preston Caruthers, who died earlier this year.

For years, it sported the following inscription, complete with a cheeky but outdated reference to the Civil War.

FORT ETHAN ALLEN CHAIN BRIDGE GULF BRANCH SANCTUARY FOR WILDLIFE AND NOT SO WILDLIFE HEREINAFTER REFERRED TO AS …

THE SANCTUARY

… HISTORICAL SITE OF CIVIL WAR FORT ETHAN ALLEN WHICH COMMANDED ALL THE APPROACHES SOUTH OF PIMMIT RUN TO CHAIN BRIDGE DURING THE WAR OF NORTHERN AGGRESSION (1861-1865)

Coined by segregationists during the Jim Crow era, “The War of Northern Aggression” is decidedly not the preferred nomenclature for modern Arlington sensibilities.

Finally, in 2020 — a year that saw significant upheaval locally amid a national racial reckoning after the murder of George Floyd — “The Sanctuary” got a new plaque.

Preston’s son, Stephen Caruthers, says the homeowners association spent $5,000 to change the sign and leave out the ‘War of Northern Aggression’ reference. One resident, who has since moved away, was “the primary mover and shaker responsible for suggesting that be changed.”

“It was agreed upon by the members here and that’s the entire story,” Caruthers said.

“When my dad wrote that, some of it was tongue-in-cheek,” he continued. “If you read the entire description, he made light of the fact that ‘the Sanctuary’ is for the wildlife and the not-so-wildlife, referring to the residents who live there.”

Still, the younger Caruthers acknowledged that many people were upset by the term, which he says he understands.

Resident John Belz says the plaque aggravated him the first time he saw it and whenever he would think about it afterward. It was his wife who noticed the plaque had changed when she was volunteering as a greeter during early voting this year.

“I’m glad they changed it,” he wrote.

“I recognize that Virginia was part of the Confederacy, but it surprised (shocked?) me that more than 100 years later, someone in this area would refer to the rebellion as ‘The War of Northern Aggression,'” Belz continued. “And plant a sign, which refers to the Union fort that was there, within yards of the place.”

Stephen emphasized that his father, who died at the start of 2023, has a more enduring legacy than this plaque as “Mr. Arlington.”

Preston Caruthers was a prolific donor who contributed land to Arlington County and made financial contributions to the Virginia Hospital Center Foundation, Marymount University, Shenandoah University, and the David M. Brown Planetarium, among other institutions.

“My dad was very involved in many things here in Arlington,” his son Stephen said. “He had a very full life, he loved Arlington, and was always trying to do things to help Arlington.”

Arlington County Board candidates make their final pitches for votes this election

By Jo DeVoe
Election Day 2022 in Arlington (staff photo by Jay Westcott)

The end of the election is drawing nearer: early voting ends on Saturday and Tuesday is Election Day.

At this point, the roughly 12,000 early votes cast are almost evenly split between in-person and mailed-in ballots, per the Arlington County election turnout dashboard. Some 44,000 ballots need to be returned between now and the close of the polls on Tuesday to surpass turnout in 2019, the last similar election year.

With few days left to vote, candidates for the two open Arlington County Board seats are making their last public pitches for support at the polls.

They maintain the reasons that motivated them to run — economic stability, crime rates, Missing Middle, outcomes for youth and better planning —  remain relevant in the home stretch.

“One of the reasons I’m running for the Arlington County Board is my concern for the rising crime rate,” Republican candidate Juan Carlos Fierro said in a statement Monday.

“As a husband and a father, I am deeply concerned about the safety of my wife and daughters,” Fierro continued. “I am increasingly hearing about concern about Arlington’s rising crime from my fellow Arlingtonians — talking with friends and neighbors, following postings on social media, and reading articles in the local media.”

He referenced the Arlington County Police Department’s 2022 annual report, released this year, in which the department reports a nearly 18% increase over 2021 in crimes against persons, property and society, ranging from murder and manslaughter to drug offenses. Crimes against people increased 16.4% — primarily driven by assault — and property crimes increased by 23%, driven by motor vehicle thefts, larcenies and fraud.

While total offenses have risen since 2018, total arrests only ticked up between 2021 and 2022 and still have not recovered from a decline going back to 2013, according to annual reports by the Metropolitan Washington Council of Governments.

ACPD reports do not include arrests for these offenses and previously told ARLnow it would have to be requested by the Freedom of Information Act, though they can also be found on the Virginia State Police data dashboard.

“While Arlington is generally a safe community, residents must be aware of the rising crime, and our leaders must prioritize the safety of our residents,” Fierro added. “Crime and community safety are not partisan issues. Voters deserve elected leaders who will prioritize community safety and address the rising crime across Arlington.”

Fierro attributed the uptick in part to police staffing issues and pledged to “fully” invest in ACPD’s recruitment and retention efforts. Part of the reason fewer people are becoming officers, he said, is “because police officers are being vilified.”

“Community leaders must rebuke the pro-criminal elements in our justice system that are contributing to the culture of increased crime and reduced public safety in Arlington,” he said. “Some in our own community have joined the nationwide effort to undermine police morale while refusing to prosecute certain offenses.”

Democrat Maureen Coffey distilled her platform into two fundamental issues: affordability and economic stability.

“Our residents need to see a path forward where we can meet their needs,” she said. “Whether it’s housing, taxes, child care, or food security, people are struggling. Arlington needs to find both the short- and long-term solutions that help us serve everyone in the community and create stability while maintaining our core services.”

Meanwhile, perennial independent candidate Audrey Clement — who presciently made Missing Middle central to her campaign three years ago — is doubling down on her choice to make it a focus in 2023, after the passage of the ordinances in March.

She says “the issue will live on,” no matter how the Arlington County Circuit Court rules on challenge by 10 Arlington homeowners to the Expanded Housing Options ordinance the Arlington County Board “rammed through earlier this year.”

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NEW: Missing Middle lawsuit allowed to move forward

By Jo DeVoe
A sign along Washington Blvd in Westover, in a neighborhood with duplexes (staff photo by Jay Westcott)

The resident lawsuit against Arlington County’s Missing Middle zoning ordinances can move forward.

Today (Thursday), retired Fairfax County Judge David Schell denied most of the county’s motions to dismiss the case, according to an attorney for the 10 residents who sued Arlington. He had put off making a decision for one month when the parties last convened in court in September.

The judge upheld their right to sue on six of seven charges they levied against Arlington County. The residents said the county ran afoul of state law when it allowed 2-6 unit homes, also known as Expanded Housing Options or EHOs, in areas formerly zoned exclusively for single-family homes.

Among other reasons, they say the county acted improperly because it did not commission studies to gauge their impact.

Only one charge will not move forward, we’re told. This charge asserted the county violated Freedom of Information laws in how the county disseminated information to Arlington County Board members on the day of their vote as well as to the community.

The court will now reconvene on Nov. 16 to set trial dates.

“Residents are seeking to hold the Arlington County Board accountable for failing to follow the law in its elimination of single-family zoning in Arlington,” Dan Creedon, a member of Neighbors for Neighborhoods Litigation Fund, which has provided financial support for the suit, said in a statement.

“The judge’s ruling recognizes that the plaintiffs — all Arlington homeowners — get the opportunity to make their case at trial,” he continued. “This is the democratic process at work.”

Arlingtonians for Our Sustainable Future (ASF), another group opposed to Arlington’s Missing Middle rezoning, called the decision “a major victory for residents.”

“Using our tax dollars to contest the residents, Arlington County’s attorneys tried to get this case dismissed before trial on multiple different grounds, but failed,” said ASF founder Peter Rousselot.

Arlington County had argued the 10 residents who sued did not have legal standing to do so, saying it is too soon to tell if they will be harmed and it is unlikely they will experience particular harms other residents will not.

In court last month, Arlington County Attorney MinhChau Corr said this case amounts to upset residents who disliked the decision and took to the court for relief. She said this tactic is a “subversion of our democratic process.”

Schell disagreed. He said it was “readily apparent” that the plaintiffs have standing to sue as owners of properties that have been rezoned from single-family to multi-family, per the release from Neighbors for Neighborhoods.

“He added that the plaintiffs don’t need to wait for multi-family buildings to be built in their neighborhoods to sue and that the lawsuit is a ‘quintessential’ use of declaratory judgment (declaring that EHO zoning is void) as a remedy,” the organization said.

To illustrate the fact that the residents are affected by Missing Middle, the judge “used an extreme analogy that if their homes had been rezoned from residential to garbage dumps, it would affect their interests,” according to Natalie Roy, a former Arlington County Board candidate who published highlights in her “EHO Watch” newsletter.

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August fire forces 68 residents to vacate a Crystal City apartment building

By Jo DeVoe
Crystal Plaza Apartments (via Google Maps)
Crystal Plaza Apartments (via Google Maps)

Sixty-eight residents of an apartment building in Crystal City were told this week that they have 14 days to leave due to damage from a fire in the boiler room last month.

One resident tells ARLnow the news leaves affected tenants scrambling for last-minute housing options. He says those told to vacate include an octogenarian who has lived in her apartment for three decades and “is unsure of where to go.” 

“To say that this has caused turmoil and distress would be an understatement,” the resident said. “Finding alternative housing, coordinating a move, and dealing with the various challenges that come with such a sudden eviction is a monumental task in itself.”

On Aug. 21, a fire broke out in the boiler room of the southern wing of the Crystal Plaza Apartments at 2111 Richmond Hwy. Industrial hygienists, air quality specialists and engineers, among other specialists, assessed the impacts to every apartment, according to a letter shared with ARLnow.

They determined some apartments need new flooring, cabinetry, walls and systems to remove all residual soot and other pollutants — work that would require tenants to vacate, the letter said. The notice gave them 14 days, the minimum required by Virginia law, to leave.

The notices were dated Sept. 14, after owner Dweck Properties learned from an industrial hygienist that these apartments would need a more comprehensive assessment and, possibly, extensive remediation work, a Dweck spokesperson tells ARLnow.

These additional assessments are contingent on apartments being vacant, the spokesperson added. They would determine the scope and cost of work as well as how long it could take. 

“This notice was needed to ensure we could access units for repair if required,” the spokesperson said. “We are now working with each resident on their transition — identifying alternative apartments, understanding each of their timing needs, and assisting them in any way we can.” 

Before this notice, the resident says a community-wide notice went out a few days after the inspections, describing which apartments suffered the most damage and required immediate work.

“Our apartment was not included in this list,” the resident said. “It is essential to emphasize that since the fire, we had received no communication or updates regarding our situation.”

The Dweck spokesperson did not say whether residents also received the community-wide notice. 

Notice to vacate from Dweck Properties (courtesy photo)

In its letter, Dweck was apologetic and offered to cover $2,000 in moving expenses per unit. 

“The fire incident has had a wide-ranging impact, and we are so very sorry for the disruption it has caused,” the letter said. 

Since the letters went out, Dweck tells ARLnow it has taken more steps to ease these transitions. In meetings convened Monday and Tuesday, Dweck told residents it would also cover insurance deductibles up to $500 and reimburse residents for rent paid from the time of the incident to the time they move out.

“While some of this work requires units to be vacant, our inspection team is revisiting all of these 68 apartments this week to see if there is any possibility of performing remediation while the apartments are occupied — in apartments that potentially require less work,” the company spokesperson said. 

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Morning Poll: How do you feel about duplexes?

By ARLnow.com

1/6

Last week, ARLnow reported that neighbors successfully dissuaded a developer from building a duplex in the Tara-Leeway Heights neighborhood.

Their concerns included traffic and parking challenges on the street, writing that the “proposed development will only exacerbate this, endangering residents, including the many children who live on the block.”

While the neighbors were able to leverage a restrictive deed covenant from 1938 to scuttle the duplex and convince the developer to build a single-family home instead, more duplexes are on the way following the Arlington County Board’s approval of the “Missing Middle” zoning changes earlier this year.

According to real estate agent Natalie Roy’s latest EHO Watch newsletter, one duplex has been approved under the new “Enhanced Housing Options” process, another is nearing approval, and two more were recently submitted for review.

Notwithstanding a successful legal challenge to Missing Middle — a lawsuit by a group of residents is set for a court date next week — Arlington residents are likely to see more duplexes, alongside 3-6 unit EHO projects, in the coming years.

Given that, we were wondering how ARLnow readers feel about duplexes specifically, given that they’re perhaps the most palatable to those otherwise skeptical of higher density projects. Yes, duplexes are now allowed countywide thanks to “Missing Middle,” but our poll questions asks if you are in support of that.

Do you think duplexes should be allowed to be built in most or all residential neighborhoods in Arlington — assuming that current EHO restrictions, including only being able construct the same size building as that allowed for single-family homes, remain in place?

Some neighbors fought a duplex, and won, as county approves more Missing Middle homes

By Jo DeVoe

1313 N. Harrison Street (via Google Maps)

Last month, some neighbors told a developer they would “oppose any attempt to obtain permits” for a duplex in the Tara-Leeway Heights neighborhood, and the developer backed down.

McLean-based BeaconCrest Homes bought a single-family home at 1313 N. Harrison Street, an area residents have dubbed “Larchmont.” When it announced to neighbors its plans to build a duplex, a skirmish over the lot’s future — based on a provision in a deed from 1938 — ensued.

The tiff began in early August and ended with BeaconCrest agreeing to build a single-family home almost two weeks ago, according to correspondence between residents and the developer. The letters were published in an email newsletter authored by former Arlington County Board candidate Natalie Roy, tracking Missing Middle or “Expanded Housing Options” developments.

Two months ago, Arlington County began accepting applications for plans to build 2-6 unit homes where previously only single-family homes were allowed. Staff have approved five projects and 18 are under review, while the Larchmont neighbors fought BeaconCrest and some Alcova Heights residents are asking the county to reject some zoning changes associated with two EHO proposals.

On July 31, BeaconCrest bought 1313 N. Harrison Street for $950,000, according to Arlington County property records. In a letter dated Aug. 3, the developer told neighbors its plans despite an 85-year-old deed attached to the home saying “not more than one house shall be constructed upon the lot.”

Based on its analysis, the developer said it doubted this would be enforceable. Touting their previous experience going up against developers, neighbors disagreed, saying the law and Arlington County zoning code are on their side.

“As you may be aware, the Larchmont neighborhood has a history of successfully halting developers’ attempts to ignore similar existing deeds and covenants… e.g., 1320 Greenbrier and 1500 Harrison, among others,” the letter said.

They pointed to a provision in the county zoning code saying the more restrictive agreement, whether county code or existing agreements, controls what happens on a property.

How Arlington County zoning code handles conflicting provisions (via Arlington County)

Neighbors also accused the project of compounding unsafe traffic conditions on N. Harrison Street. They say drivers will slalom around parked vehicles on the narrow road to get between Washington and Langston Blvd.

“Your proposed development will only exacerbate this, endangering residents, including the many children who live on the block,” they said. “Adding multi-unit housing, which requires mandated space for on-street parking, will result in further traffic and safety issues.”

Street parking has been discontinued on some parts of N. Harrison Street for safety reasons, the letter says, noting other residents have asked the county for more parking restrictions to mitigate these traffic issues.

In her “EHO Watch” newsletter, Roy, who launched her campaign earlier this year opposing Missing Middle, called this a “win.”

“The takeaway from this win is that neighborhood covenants — where they exist and are germane — can be effective in promoting Arlington County’s stated Comprehensive Goals of having a diversity of densities while preserving existing neighborhoods,” she wrote.

“The other key point is it takes considerable volunteer time, energy, and organizing prowess by neighbors, to not only be vigilant but to act fast,” she continued.

Missing Middle advocates, including the leaders of pro-housing group YIMBYs of Northern Virginia, are celebrating their own wins, however. Jane Green recently lauded newly approved plans to turn a dilapidated carriage house within walking distance of the Ballston Metro station into a 6-plex.

An old real estate listing for the property she found had touted that the new owner could build a 5-bedroom, 4-bathroom custom-built home and convert the existing carriage house into a 1-bedroom, 1-bathroom accessory dwelling unit.

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