Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-12-10
LIMITED TO 90 FEET
ATTORNEYS DECISION REGARD
ING HEIGHT OF BUILDING.
Width of E Street Governs-Structure
to Be Erected on Lawrence
Hotel Site.

Corporation Counsel A. B. DuvaH has
submitted an opinion to the District Com
missioners in which he holds that a struc-
ture erected on E street at the point where
1t merges with Pennsylvania avenue near
14th street must be limited in height to the
width Of E street; that is, ninety feet. AL
bert Carry and Robert Portner, having
cured the Hotel Lawrence property, on E
street just west Of the National Theater,
with view to erecting a modern hotel
there, asked the Commissioners whether
or not they would be permitted to build up
to the limit of 100 feet, as is allowed on
Pennsylvania avenue. The inspector of
buildings expressed himself as being in IA
yor of the maximum height. Mr.. Duvall
does not take this view of the matter.
After quoting the law the subject, he
says:
1.-The determination of the question of the
height of this building is dependent upon
the width of the street in it's front, and
the claim of a right to build in excess OF
ninety feet in height is based upon the con-
tention that the confronting park or reser-
walton is not to be considered in estimating
the width of e street and that the north
limit of said park is not the south building
line of E street, but is merely an mag
mary line in continuation of the south
building line of E street east of 18th street.
Established Width.
when the parking system was placed
under the control of the chief of engineers
of the United States army the width of E
street at the point in question had then
been established by the improvement of it's
roadway and the sidewalk on both sides,
and the control Of the streets. as thus rec
ognized and established, in my opinion, re-
manned, and still remains, in the Commits
sioners up to the north line of the reserva-
ton or trapezod, viz to the south building
line of E street east of 18th street project
ed due west, and the jurisdiction and con-
troll of the Commissioners there terminates
"Whatever may have been the status of
said space formed by the confluence of said
streets prior to said act Of Congress Of
July 1. 1899 l am Of the opinion that the
legal effect of it's designation as a reserva-
ton in the report and map Of the officer in
charge Of public buildings and grounds was
to make 1T a public reservation In the same
sense and to the same extent as reserva-
lions designated such upon the original
plan of the city Of Washington; and that,
consequently, said lot excepting the west
ernmost twenty-five feet front thereof
does not front upon Pennsylvania avenue
but upon E street. and that the width of e
street in front of the easternmost forty
eight feet Of said lot is ninety feet.
81 apprehend that If an assessment for
paving Pennsylvania avenue was levied
against the lot in question in this case
the owners could successfully contest such
assessment as to the easternmost forty
eight feet front thereof on the ground that
1t did not front or abut or adjoin Penn
sylvania avenue.
although the location of this lot is such
that 1t practically fronts Pennsylvania
avenue, and it is difficult to see how
building erected there of greater height
than ninety feet would be within the mis-
chiefs intended to be prevented by the act
of March 1, 1899; yet l am unable to ad
wise that the Commissioners have authority
to permit the erection of building said
lot In excess of the height Of ninety feet"
The Commissioners have not yet acted
upon the matter.