Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-05-25
NOT BUSINESS STREET
OPINION REGARDING AUTHORITY
OF COMMISSIONERS.
Decision Affecting Portion Of Connect
cut Avenue Between II
and I Streets.

The Commissioners have approved an
opinion from the corporation counsel In
which he holds that the conditions 60 not
appear to authorize the Commissioners TO
designate that portion of Connecticut ave-
nue. between H and / streets as business
street" The opinion was rendered by
Counsel Duva1l upon the communication OF
F., H. Duehay and the Army ana navy
Club, requesting that the portion OF the
avenue in question be 80 designated. MI.
Duehay 1t appears, has purchased 'front.'
age of $50 feet on Connecticut avenue ad-
.icfning the Army and Navy Club and pro-
poses to erect an apartment house. Under
the new building laws the maximum height
of structures on residence streets is limited
to eighty feet, whereas on business Streets
a maximum height of no feet is allowed,
this being Increased to 100 feet on business
streets or avenues 16O feet IN Wldth. Mr;
Duehay said the eighty foot limit Wouio
not permit the seven-story structure ne
had planned and he desired that the ave-
nue. should be designated business stIeet.
He called attention to the fact that Con-
necticut avenue is regarded as business
thoroughfare as far north as s.iest;
His petition was seconded by the Army ana
Navy Club, but Messrs. Blair & Ihom'
representing William Corcoran Eustls'
owner of the Corcoran property at the cor
ner of Connecticut avenue and II street,
No-~O-'
Provisions of Act of Congress.
The matter was then referred to the
CORPORATION counsel by the Commissioners,
who has returned the papers. saying:
"By act of Congress approved July l.
1898, vesting in the Commissioners control
of the street parking in the streets ana
avenues of the District of Columbia, 1t was
provided: That where in any portion OF q
street more than one-half of the front IS
occupied and used for business PURPOSES
the Commissioners are authorized anu ai-
rected to denominate such portlon OF lhe
street as a business street. ana shall au-
tborize the use for business purposes by
abutting property owners OF so mucn OF
the sidewalk and parking as may not De
needed. in the Judgment OF SAID Sonmis s
sioners by the general public, under such
general regulations as the said CommlS
sioners may prescribe.
Excepting this provision OF law the
Commissioners are without any authority
to designate OF denom1nate a street of ave-
nue. as business street.
Il am of the opinion that the authority
to so designate or denominate Is not DIS
cretionary power lodged in the Comm1s-
sioners; the act of Congress declares that
where a certain physical condition exists,
viz where more than one-half OF the Iront
of any portion of street is occurred ana
used for business purposes, the Commits
sioners are directed to denominate such
portion of the street as business street.
whereupon the Commissioners have dis
cretionary authority respecting the au-
thorization of the use of the sidewalk ana
parking for business purposes. Acting un-
der this authority. the Commissioners have
denominated business street number OF
streets and portions of streets
Regarding Height Of Buildings.
"By act of Congress approved March 3,
1903. section four of the act of Congress
regulating the height of buildings in the
District approved March 3, 1893, was
amended by providing. among other things,
that: ON business streets and avenues as
the same are now or may hereafter be
designated by the Commissioners of said
District no building shall be erected or
altered to exceed a height of 40 feet except
<on business streets or avenues 100 feet
wide, where height not exceeding 100
feet may be allowed. On residence streets
and avenues no building shall be erected
or altered so as to be over 80 feet In
height
avenues in said act of Congress can only
relate to such business streets ana ave-
nues' as have been or shall be designated
by the Commissioners under the only au-
thority possessed by them namely the
authority of the act approved July l, 1913,
above mentioned. No additional authority
was conferred upon the Commissioners by
the act approved March g. 1903, respecting
the designation of business streets ana
avenues From the papers before me the
conditions do not appear to exist on Con-
necticut avenue between H and l streets
authorizing the Commissioners to designate
that portion OF connecticut avenue pusi-
ness street.
Mr.. Duehay and the Army and Navy
Club will be notified of the Commissioners
approval of the opinion.