Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-04-20
Definition of Residential
Areas Would Include Va
rious Civic Structures.
ACTION is DESIGNED
TO END EMBARRASSMENT
Recommendation May Be Given
Public Hearing at Code Commits
sion's Next Meeting.

The District Commissioners today APP
proved a recommendation of Corpora
ton Counsel william w. Bride that the
definition of residential areas under
the coming regulations be changed to
include fire engine houses, police sta
tons, pumping stations, public play
grounds. recreation centers and swim
ming pools. The Board of Commission
ers turned the matter over to the zon-
ing commission for consideration and
the latter body will probably give the
suggestion a public hearing at it's next
meeting.
Corporation Counsel Brides sugges-
ton is designed to save the District the
embarrassment it has encountered re-
Gently when trying to locate various
governmental institutions in residential
zones.
The matter was brought up specifically
by an appropriation for purchase of a
site for a fire engine house in the
vicinity OF Nebraska and Connecticut
avenues carried in the appropriation
act for the current fiscal year.
1t Is understood that the lot the
commissioners had in mind for pur-
chase Is zoned residential and that
they anticipate objections from neigh
%OAS SNSAA 90 AAofC NAAaA 1HCu
efforts to locate fire engine house at
Sixteenth and Webster streets and to
move the House of Detention to a
structure in the Southwest zoned resi-
dental.
Recent Cases Are Cited.
Mr.. Bride held that in his opinion
the District may not locate activities
such as fire engine houses, police sta
tons, pumping stations, Fairgrounds,
recreation centerS, swimming pools and
others of like character in residential
zones. I'm the Western High School
case" Mr.. Bride wrote. "the question
presented was whether an athletic field
was in violation Of the coming regula-
tons when located in a residential dis
trict. The Court of Appeals did not
pass directly upon this question as it
decided that the field was an adjunct
to an educational institution and there
fore permissible under the coming regu-
lationS.
''In the case of Wimsatt versus
Dougherty ct al, Justice Bailey of the
Supreme Court of the District of
Columbia, specifically held that the
Commissioners had no power to avoid
the coming regulations by erecting a
house of detention in a residential dis
trict; that its location in such district
was a violation of the regulations; that
the D.-.rict of. Columbia was subject
to and bound by the regulation to the
same extent as individuals.
In the case of Quinn versus Dough-
erty ct al, recently decided by the Court
of Appeals, the court prohibited the
erection of a fire engine house on part
of Rock Creek Park, chiefly upon the
ground that the act creating the park
prevented its use for any other pur-
pose. But the court also usel language
in its opinion to indicate that had it
been necessary it would have prohibited
the erection of such structure on the
ground that all the property in its i'm
mediate vicinity was zoned residential"
Three Solutions offered.
The opinion then goes on to discuss
three ways of solving the problem. The
first would be for the coming commits
sion to pass regulation exempting the
municipality in its conduct of all rea-
Sonable activities from the operation of
any of the coming regulations.
The second was for the coming COM
mission to amend the regulation by in
Guiding in the uses permitted in resi-
Dental zones fire engine houses, police
SIdLlOklS, cue. MI. bIlQe SldbGS tIldO 1le
believes the commission has power to
enact such regulation under authority
conferred upon it by the act creating
the commission.
The third suggestion was that Con-
gress should be asked to enact legisla-
ton specifically exempting the NUM-
cipality from the operation of the zon-
ing law. Speaking of this suggestion,
Mr.. Bride said, st am inclined to think
that this is the most sure solution of
the matter in the end. if the delay in
getting through such legislation will not
seriously embarrass the completion of
pending municipal activities"
Mr.. Bride then went on to recommend
the second of his suggestions. cit may
be WELL" he added, ito first try out the
second suggestion, to the end that
should it not be unheld by the courts
Congress then could be shown that the
had exhausted its efforts
to remedy the difficulty and was at
last compelled to resort to congress
sional action for relief. In this manner
we should be relieved of the necessity
of resorting to Congress prematurely
should the courts uphold the power of
the coming commission to so amend the
regulation"