Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-10
NEW zON|NG BOARD
OF ADJUSTMENT IS
URGEDBY BUILDERS
Congress May Be Asked to
Create Commission to
Handle Appeals.
PRESENT GROUP WOULD
ALSO BE MAINTAINED
Three Suggestions Are Submitted
by Associa ton to District
Officials at Meeting.

Creation Of a separate coming board
Of adjustment for Washington, which
would be empowered to make exceptions
In specific cases from established rules
of the zoning Commission, where it is
found that such rules cause unneces-
sary hardship on property owners, and
enlargement of the staff of the zoning
Commission to be made possible by APP
preparations for the commission. were
proposed to District coming officials by
the executive committee of the Opera
tive Builders Association at closed
meeting last night at the Mayfower
Hotel
The builders committee laid its spe-
cif1c recommendations for these major
changes in the coming system for WASH
tngton before the coming officials in a
printed folder. which contained express
sions for coming and city planning ex-
perts from other cities as corroborative
evidence of the need for the changes.
To Study Change.
The local coming officials were re-
ported to have listened alertly to argu-
ments for the proposed changes, en-
tering into lengthy discussion of the
matter, later taking home with them
for study the brief presented by the
Operative Builders.
Specifically, the Operative Builders
made the following three changes In
the administrative coming plan for
Washington:
Cd The present Zoning Commission
should remain unchanged and con-
Gnue to handle coming matters only.
2. There should be permanent zon-
ing engineer appointed to be the execu-
tive officer of both the Zoning Com
mission and the Board of Adjustment
(as outlined in the third suggested
change. Also an assistant coming en-
gtneer, clerk and stenographer
should be provided. The coming engi-
neer should receive a salary of $4,000
a year, the assistant engineer $4,000,
the clerk and stenographer current
rates, and there should be a sufficient
appropriation for the coming office to
cover postage, stationery, printing, blue
printing and so forth. A sum of $18, 900
viii be needed to cover the above eX-
penses and the salaries of the appointed
members of the Board of Adjustment,
as proposed.
Personnel of Board.
8. There should be created by an act
of Congress a coming board of adjust
ment to handle specific cases. This
board should consist of the following:
An Assistant Engineer Commissioner of
the District as chairman, the engineer
of the National Capital Park and Plan
ming Commission, the coming engineer,
q realtor, an operative builder and an
architect Four votes would be neces-
6ary to grant an exception. Appoint
fnent Of the board of adjustment would
be made by the District Commissioners
Members of this board would be SUBJ
Ject to removal for cause.
The brief OF the Operative Builders
contained quotations from Edward M.
Bassett, noted lawyer who has special
lied on coming matters. Mr.. Bassett was
quoted as contending that 1.-The appli-
cation OF any coming plan, however
perfect, will be arbitrary in certain
exceptional instances, and II the plan
cannot be adjusted by a board OF ap-
peals to prevent arbitrariness the courts
are likely to declare 1t void in that
particular respect.
A Vital Necessity.
six years ago, 1t was supposed COM
monty that the provisions Of a board of
appeals with power to carry, followed
the right OF court review, was merely
method of rounding of the sharp
corners Of the ordinance and maps 1t
Is now generally considered that this
remedy Is vital necessity to a zonig
plan. The occasional exceptional stu
alton OF arbitrariness is sure to arise.
II variance cannot in some way be
made, the courts will decide that, in
respect TO that particular situation the
ordinance Is unconstitutional and void"
Opinions of many other zoners were
quoted in support of the need Of
board Of adjustment
The Operative Builders Association,
through its representatives on the zon-
ing advisory committee, joined with that
body In urging that board of adjust
ment, or some alternative system fav-
ing the same purposes, be instituted in
washington to handle cases of excep-
lions from the established coming rules.
Discussed Other Proposals.
The meeting of the builders and zon-
ing officials last night also discussed
proposals of the operative builders to
permit the construction of garages for
tenants only in apartment buildings
without the consent Of adjoining prop
erty owners as now is required under
zoning regulations, and the proposal
that apartments to be erected in areas
now having a 90-foot height limit be
allowed to go to higher building
height, without change in the funda-
mental coming, provided that a lesser
amount of the iste is occupied by the
building. and that setbacks be employed
in the upper stories.
The meeting was attended by Dis
trict Commissioners Proctor L. Dough-
erty. Sidney F. Taliaferro and Col. Will
liam b. Ladue, Lieut.. Col. U. S. Grant
Sd. executive officer of the National
Capital Park and Planning Commission
and a member of the coming COM
mission; Maj, Donald A. Dawson, exec
utive, and S. G. Lindholm, engineer OF
the coming commission.
The Operative Builders Association
was represented by Monroe Warren
president; w Wayerly Taylor, jr., vice
president; Rufus s. Lusk executive sec.
rotary: L. T. Breuninger. Morris Cafritz
J. B. Shapiro and E. S. Kennedy, mem.
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