Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-05-15
FAVORABLE REPORT FILED
ATTORNEY APPROVES APPLICATION
FOR MARKET BUILDING.
Proposed Structure on Fourteenth
Street Northumberland of
Stores to Be Built. Also.

Mr. A. B. Duvall, the attorney for the
District, has submitted to the District
Commissioners a favorable report upon the
application Of the Columbia Market Conn
pany to construct a market building on the
east side Of 18th street near V street north
west He declares that he is Of the opin-
ION that all the requirements OF law have
been complied with. Mr.. Duvall formerly
submitted an unfavorable report on the
first application of the market company
because of the dead wall which would have
confronted the property on V street Since
its first application the market company
has secured a building permit for series
of small stores along the street side Of
the market building. and claimed that
thereby the confronting claim had been
overcome. Mr.. Duvall concurs in this View
and SAYS:
Il have duly considered the appIication
for permit for the erection Of "A market
building on 18th street near street which
you referred to me for opinion whether the
proposed erection of building for store
purposes. with a front of l4o feet on Y
street and Ii feet 1ith street. for which
permit was issued by the inspector OF
buildings April - ultimo TO Robert Head
and Francis II. Percival, will change the
conclusions of my opinion of December H.
1850, and also whether all the requirements
of law as to the desired permit have been
fully complied with.
II had the honor on December II last 10
advise that the then application for q per-
mt to locate market building on the east
side Of 14th street between V and w
streets upon lots to q inclusive i'm square.
80, was not in compliance with section 100
or the building regulations. because tht,
proposed building would to all intents and
purposes front on street, We'll as on
18th street.
The present application of Robert Head
and Francis r. PerciVal for the Columbia
4 nor r1ii
a market building on lots 162. 16i 4 to 10
and ~ to %. square % fronting on lith
street.
"A permit has been issued to construct a
store on the corner lot. fronting 40 feet on
street by sixteen feet on 14th street II
this corner lot was actually built upon I
90 not see how there could be any atl. -
tion as to the proposed market building
fronting only on 1ith street: but il is
claimed that the permit to erect this store
is mere subterfuge intended to evade the
building regulation, and that no store will
be erected there.
Not Regarded as Preteuse
There is no presumption that the permit
was obtained as a mere pretence: the pre-
sumption is that it obtained In good
faith and with the intention of locating the
store in accordance Herewith
Furthermore | inolose herewith a com
munication from Robert Head, in which he
states that said store will be erected ST
muitaneously with the market building and
will me separated from said building by A
dead wall, and / hereby agree that should
1 fan TO so erect said store that the permit
to build the market building may be re-
voked. The south wall Of the said mar
ket building will be lower than the south
wall of the said store
Il am of the opinion that the erection of
the store at the corner, proposed. re-
lieves the difficulty Of the situation as pre-
scented in my opinion Of December last.
Il am further of the opinion that mas
much the proposed market building To-
Gated on square 2;;5 fronts 14th street only
that the written consent of the owners OF
more than one-half the property situated
in that square, and of the owners of more
than one-half the property situated in
square 2O3, is a full compliance with
ton 40 Of the building regulations. said
square 2oS being the only confronting
square.
THE assistant assessor having certified
that the necessary consent Of the owners
in square 2U3 and in square 2:2j has been
obtained, / am OF the opinion that all the
requirements of law relating to the permit
have been fully complied with.
Claim of Residents.
The Commissioners received today COM
munication from A. ID. Johnston of 1872 V
street northwest. and other residents of
the same vicinity, calling attention to the
recent communication received by the Com
missioners from Mr.. Robert Head, in which
he undertakes to keep 18th street clear if
the permit for the proposed Columbia mar
ket is granted. The letter. the residents of
street claim, simply emphasizes their
contention that the real location OF the
wagons and hucksters will be on the V
street front. and shows that the position
assumed by them that their consent should
be obtained is We'll taken.
One Undecided Point.
The Commissioners will probably not take
any action in the matter until after Friday
on account of the absence until that time OF
Engineer Commissioner Beach. 1t is stated
that there is one point in connection with
the case yet to be decided and not referred
to In the opinion rendered today by Attor-
ney Duvall. 1t is in regard to the danger
field property. The owner of the land sign
ed the petition in favor of the market
while the trustees. holding bald legal title
objected. The question raised is as 10 who
holds authority in such a matter the tr,is-
tees or the maker of the deed of trust The
matter is in the hands of the assessor The
Dafngerfield property is an important fac
tor in the majority consent, which the as
sistant assessor has said, as stated by the
attorney, has been obtained, prima facie