1969, the erection thereon of a free standing restaurant.
The zoning ordinances of Falls Church, as applied to the contemplated use, require the submission of a site plan application detailing the proposed utilization of the land.  The Planning Commission has the responsibility for reviewing the application and insuring a compliance with applicable regulations before giving approval to the site plan.  Following such approval the applicant then secures a building permit which is also a prerequisite to construction.
On December 10, 1968 Red Barn filed its site plan application with the appropriate officials of the city.  After it was reviewed, commented on by the planning staff and returned, Red Barn submitted a formal application on December 30, 1968.  Subsequently, amendments thereof were submitted by it on January31, 1969 and February 24, 1969.  The amendments reflected and incorporated changes and recommendations suggested by the planning department and the commission members.  Notwithstanding this, the Planning Commission, in two meetings held on February 17 and March 17, 1969, failed to approve the site plan.
The trial judge found as a fact that the reasons given by the Planning Commission for a denial of the site plan on March 17, 1969 were purely "technical" and constituted an effort to illegally control the use of the land contrary to the existing zoning law; that the presentation and processing of the site plan was in conformity with the usual procedure and customs adhered to by other applicants, including Lums, Burgerchef, Junior Hot Shoppes, Tops, etc., all of which were