Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-07-25
BUILDING REGULATION
Likelihood of Amendment
Being Made.
PREVAILING OPINION
RESULT OF HEARING BEFORE
DISTRICT COMMISSIONERS
Grows Out of Opposition to a Coal
Yard Out in lexington
Its Effect.
PREVAILING OPINION

Although the decision of the Commission
ers will not be announced for several days
II Is believed to be very likely that an
amendment TO the building regulations sug-
gested at hearing before the full board
yesterday by J. J. Darlington, attorney for
X T.. L. Thompson. will be formally enacted
into law. This was the prevailing opinion
about the District building this morning
though II is known that the whole proceed
ing VIII be held for settlement until Attor-
ney Darlington has opportunity to submit
brief concerning the ownership OF a por-
ton of the strip OF land occupied by Mr..
Thompson. which. IL was declared yester-
day, Is land dedicated to use as a street
The amendment drafted by Mr.. Darling
ton and presented at the close of his areu-
ment In behalf Of Mr.. Thompson at the
nearing before the Commissioners yester-
day. when citizens of lexington appeared TO
protest against Mr.. Thompson's business
oeing continued at its present location and
against the adoption OF an amendment to
tue regulations presented by Attorneys
+ ianhety ana Hamilton, representing the
pennsylvania and Baltimore and Ohio rail
ROADS, provides that the location OF any
coal or wood yard directly upon the line
OF any railroad and distant more than ATTY
feet from any residence or building used for
other than business shall not depend upon
the written consent of owners of abutting
property.
with this amendment section l6s of the
building regulations will read as follows.
NO coal, wood or lumber yard, nor yard
Tor the storage sale of coal lumber or
wood or of any new secondhand com
pustibie material, shall be established upon
any new site or site not used for such Dur-
poses fer the period of one year preyiouslv
WITHIN fifty feet of any building or prom
erty not used for business purposes of n
similar character or business requiring the
n %
property on either side of the site In aues-
tion, unless the person or persons desiring
10 establish or locate any such premises
snail hle with the inspector OF buildings the
written Consent of all the owners of real
estate within ninety feet of said site I'm
which case the question shall be submitted
IN writing by the inspector of buildings 10
the Commissioners of the District for de
clSlon III any such establishment IL not
IN operation within one year from the date
OF the permit therefor, or remains out of
operation Tor one year at any time, the per-
NIT shall be void and new signers will be
required before permit can reissue
PROVIDED, That the location of any such
yards directly upon the line of any railroad
and distant more than fifty feet from any
residence or building used for other than
business purposes shall not REQUIRE such
written consent.
Amendment Advocated.
The amendment advocated for adoption
MES reads as follows:
The provisions of this section shall not
apply to any yards, manufac tories, ware
houses or other places for the receipt de-
livery, storage or sale of coal, wood. lum-
Der or other combustlble material or
freight which may now or hereafter be es-
tablished under the authority of existing
acts of Congress upon any lot or square
of ground adjacent to or near any street
or avenue along which the lines of any
steam railroad company operating in the
District of Columbia are now or may here
after be located"
This amendment. however. Is believed 10
be out of the question. 1t was the subject
of severe verbal assault by Attorney
Henry-E. Davis at yesterdays hearing
Mr.. Davis stating that by its adoption the
Commissioners would practically declare
that every lineal foot of railroad In the Dis
trict could be occupied by coal yards and
further that such a regulation would give
owners of adjoining property no voice In de-
termining what class of business should be
set down In their neighborhood. He sprung
much of a surprise when he declared that
part of the plot of ground occupied by MIR.
Thompson appeared in the tract of Eek
ington as a street.
Much consideration will be given by the
Commissioners. 1t Is thought to the state
men.S of w. c. Henderson, representative
OF the North Capitol and lexington Cit
liens Association, who said that he saw
no objection to the location OF a coal yard
along the line of the Baltimore and Ohio
railroad In lexington as long as that coal
yard was not transformed into coal
dump, and further that he eventually
pected to see the entire line OF property
along the railroad occupied by business
terprlSes.