Evening star., 1898-06-30
APPEALS TO COURT
Alonzo O. Bliss Files a Petition for
Mandamus.
ERECTION OF A HOTEL INVOLVED
Proposes to Contest Construction
of Building Regulation.
HEIGHT OF STRUCTURES

Alonzo o. Bliss. who proposes to erect
an apartment house On 18th street north
west. and who was refused permit by th..
District Commissioners on the ground tina:
the building was too high for a residence
street today, through his attorney. Mr.. A.
s. Worthington, filed in the District Su-
preme Court petition for mandamus COM
pelling the Commissioners to issue a per-
init for a building 110 feet high, as orig
IL ally proposed.
III The petition it is stated that the re-
lator. Mr.. Bliss, is owner of tract of
land on 10th street west between X and l.
streets north. having a frontage of 15 feet
and depth of 106 feet. He wished to
erect on the property in question a first
class modern family hotel To that end he
caused plans to be prepared and applied
TO the inspector of buildings for a permit
for the erection of such hotel The plans
called for the construction of a nine-story
building 10 feet in height.
The building inspector, doubling his
authority to issue the permit, referred the
matter to the District Commissioners for
their action. After a conference and con-
sultation with their attorney, the Commits
sioners declined to grant the permit in
question. on the ground that 18th street is
/ a resident street. as distinguished from
business street, and that by section 10 of
legally issued for building a residence
street over ninety feet in height.
The Declarations.
The petition declares that 18th street is
16G feet wide and asserts that the Com
missiorers admit the lot is of sufficient
frontage and depth to justify a 1I0-foot
building where such building may be law
fully erected under tie regulations. They
refused TO grant the Kermit solely on the
above ground, it is declared. The petitirn
then gives list of the business streets
ss desigr ated by the Commissioners
The petition. continuing includes a state
ment of the width of various avenues of
the city. claiming that 18th street is 100
feet wide and is commonly called ''Execu-
tive avenue" A copy of section 40 of the
building regulations is attached. 1t pro-
ytdes that in no case shall a building eX-
ceed o1 feet In height on a residence
street, nor 10 feet on a business street
except avenues 16O feet wide. where A
height not exceeding 130 feet may be al
lowed when the lot is of sufficient frontage
ard dep<h. in the judgment of the Com
missioners, 10 justify the same
Claims Permit.
Mr.. Bliss. therefore AYERS in his petition
that under this section he is entitled To
have a permit issued to him authorizing
: him TO erect building 110 feet high upon
his tract of land; that the exception in sec
uon 40 as to avenues" 100 feet wide ap-
ples to all streets of that width in the city
OF Washington. whether used for the pur-
pose OF business or of residence or both:
that the word avenues in the execution
includes 10Th street: and that since no
question Is made as to his LOT being of
sufhcient frontage and depth to justify the
. erection OF building 10 feet high, the
. Commissioners have refused a permit in
violation of the law, which by the authori-
" OF Congress they themselves have made
1t Is claimed that the relator. Mr.. Bliss
mas spent nearly $4,000 in buying the land
ana preparing to erect the hotel.
Being without any remedy otherwise. he
prays that writ of mandamus may be is
sued against the Commissioners command
ing them TO issue permit for the erection
OF the hotel 10 feet in height and in ac-
coTdance with his application so far as the
same may be found in other respects to be
IN accordance with the building regula-
tions.