Evening star., 1902-02-17
THE TAtESTRUCTURES
- ST
Opinion bysthe City Solicitor
Regarding Them.
NEW BUILDING LINE
CONDITIONS UNDER WHICH PER
MITs MAY BE GRANTED.
When Owners May Under the Law
Build to Any Reasonable
Height.

Inc DlStrlct Commissioners this AFTERNOON
received an important opinion from Mr.. A.
B. Duvall, the city solicitor; in which he
holds that for the purpose Of regulating the
height Of buildings building line may be
separately established In front of the pro-
posed structure and need not extend the
entire length Of the street or square. The
opinion Is based upon the communication of
Col. Biddle. the Engineer Commissioner, re-
questing to be advised whether the Com
missioners are authorized to issue a build
ing permit for the erection of an apartment
house seventy-two feet in height on Chaplin
street. said street being sixty-five feet wide
and the building law prescribing that the
height of a building shall not be greater
than the width Of the street at it's front.
By a rearrangement of the building line,
through the donation of strip in front of
the property, it Is believed that the width
of the street will be made sufficient, and
the solicitor is Of the opinion that then the
building permit could be issued. Mr.. Du-
vail calls attention to the fact that the ap-
plicant proposes to establish new building
line by dedicating to the public width of
seven feet inside of the present building
lima.
''The question is he says, whether the
dedication of the seven feet of lot II will
allow the height of building asked for, or
whether it is necessary that there should
be building line established along the en-
tire block Mr.. Duvall quotes from the
building law of 1899, which declares that
the width Of the streets, so far as 1t con-
trolls the height Of buildings. shall be judg-
ed from building line to building line. He
continues:
The Owners Rights.
"Unless contrary to the provision of some
valid law. the owner of the property has
49, IL
to build to any reasonable height This act
Of Congress imposes a limitation to the
height of buildings which may be erected
upon land in the District Of Columbia. On
streets less than ninety feet wide the
height Of a permitted building is based
upon the width OF the street, as the same
may be enlarged by established building
lines. The limitation in the height of
buildings is Presumptively based upon pub
lie safety and health. building line is
very well defined fin the building regula-
tions as the line of demarkation between
public and privaeat space.
Building Aines may be Of three kinds.
First, the lines between the public street.
as laid down on the plan of the city. and
the abutting private property; second, the
lines created by the act of the owner by
recorded deed orAby a dedication recorded
in the office Of the surveyor; third, the
lines established by condemnation under
the act Of Congress approved January l.,
1889. fr
AS to. Uniform Lines.
''The normal building line Is Of the first
class; and it would seem that a building
line of the other classes should have the
distinguishing features Of the first class;
that is. 1t should be uniform line be-
tween the terminal points Of the block or
square: but building lines of the second
class. in point Of fact, frequently extended
for less distance than the whole front
Of the block or square; and a building line
Of the third class, that is by condemnation
under the act OF Congress approved Janu-
ary IL. 1899, IS in terms authorized to be
established 'on streets or parts OF streets
less than ninety feet wide upon the presen-
tation to the Commissioners of the plat Of
the street or a portion Of the street upon
which the lines are to be established, thus
clearly recognizing an established building
line for portion Of a street less than the
distance between the terminal points OF
the block
THUS 1t appears that there is no legal
requirement that building line should be
established for the entire block or SQUARE,
but only for some particular portion of a
block or square: and, except from an es-
thetical point Of view, there seems to be no
valid reason to require that it should be.
Design Of Inhibition.
THE inhibition as to the height of a
building seems to be designed for the pro-
lection of the property on the opposite side
Of the street, and not for the protection OF
the property adjoining the proposed struct-
ure: So that the mischief intended to be
remedied by the act regulating the height
Of buildings is effectually met by the es-
tablishment Of a building line for the par
ticular lot on which a structure in excess
Of the ordinary height is to be erected.
II am therefore Of the opinion that II a
building line for this lot is established, as
proposed by the owner by appropriate
dedication and record In the office Of the
surveyor, that the Commissioners would
be authorized to grant the desired per-
nit"