Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-06-30
NO RIGHT TO REFUSE
Corporation Counsel's Opinion
Regarding a Permit.
ISSUANCE ORDERED
MATTER OF ESTABLISHING BOIL
ER AND ENGINE.
Resisted Protest Against One on Port
ner Place North Of q Street
Northwest.
ISSUANCE ORDERED

informed the Commissioners that they nave
no right to refuse the permit requested py
the owners Of the Portner apartment mousse
to locate a boiler and engine house on Port-
ner place just north of street and pe-
tween 14th and 18th streets. The Commls-
sioners, after discussing the matter IN
board session, approved the opinion and
will issue the permit. This matter has been
the subject of bitter contest before the
Commissioners The residents Of Portner
place have been up in arms against the TO-
cation of a machine house in their midst.
1t was claimed by the Portner people that
II was impossible to locate the steam plant
in the addition to the apartment building.
They applied for admission to locate the
plant in a special power house on Portner
place on property owned by Mr.. Robert
Portner, and just back of the man nat
building at 10Th and y streets.
Counsel was employed by both parties 10
the contest, and several hearings were had
before the Commissioners. In a FORMER
opinion Mr.. Duvall said the case was one
calling for a special permit to be issued
under such restrictions as the inspector Of
buildings might prescribe. Acting upon
this opinion, Col. John Biddle, the Engineer
Commissioner, recommended to ms assocl-
ates that the permit be denied. Inc mat
ter reOuccS lIS6ll lie SdlO, III NY oPAAAAoAAs
to the question whether it is good policy to
allow, in a strictly residence section, de-
tached building facing the street, contain
ing a boiler and engine for power purposes.
1 believe it should not. 1t would be dis
tinct detriment to all adjacent property, in
juring it's value and causing annoyance to
dwellers upon the street; it Is not neces-
sary, as all other such buildings have their
plants within their limits. 1 therefore rec
ommend that the permit be not granted"
Col. Biddle's Statement.
Subsequent to this Endorsement Col. Bid
die made an additional statement to the
effect that counsel for Mr.. Portner being Of
the opinion that the Commissioners had no
right under the regulations to refuse this
permit, and the first opinion of the corpora
ton counsel not being definite on the point,
he thought 1t advisable to return the pa
pers to him with request for an opinion as
to the authority of the Commissioners In
the premises.
Mr. DuvaTs opinion in reply to this was
acted upon today and the permit will be
granted.
II had the honor to advise you that under
section 161 Of the building regulations
permit for the proposed construction might
be granted under such restrictions as the
inspector of buildings may direct, as pro-
vided in said section. Referring to the con-
cludng clause in said section requiring a
special permit for such erection and To-
cation, the Engineer Commissioner being
of the opinion that 1t was not good policy
to allow, in a strictly residence section, a
detached building, facing the street, con-
tanning a boiler and engine for power pur-
poses, recommended that the permit should
not be granted.
Point Raised by Counsel.
Counsel for Mr.. Portner raised the ques-
ton that the Commissioners have no right
under the regulations to refuse the permit,
and at the instance of the Engineer Com
missioner the application has been referred
to me for an opinion as to the authority of
the Commissioners in the premises.
THE inclosed brief upon the subject has
been handed me by Mr.. w. F. Mattingly,
attorney for the applicant and have sub
mitted the same to counsel for the petition
Ing parties
II am of the opinion that the provision
in said section 161. that special permit
shall be obtained, is a requirement ad-
dressed solely to the matter Of locating
the boiler and engines; and when, after
notice In writing by the owner or agent
intending to set up such boiler or engine
to the inspector of buildings, fully describ-
ing said boiler or engines and the use for
which 1t is intended. the inspector of
buildings determines and directs the re-
strictions which will secure safety, etc.,
the permit should issue, because in such
case the applicant has complied with
the law respecting the subject matter.
IF the Commissioners consider that the
provisions Of the existing regulation are
not desirable, and that public policy die
tates a change, they are fully authorized
to repeal or amend the regulation in ques-
ton, but so long as it is unrepealed and
unamended they are not at liberty to re-
fuse the permit when the applicant has
fully compiled with all the terms and re-
quirements of the regulation. The build
ing regulations 1t will be remembered, pro-
vide in section for the supervision and
control by the inspector of buildings of the
plant after 1t has been located"
The regulation will probably be amend
ed, but as the amendment cannot be made
retroactive the permit in the present in
stance will be granted.
NAIIA1nnIn1a mr1ra oEaEnnn