Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-09-26
LindhoIm, Commission Engi-
neer, Declares for FIexibility
in Code in Report.
SETTING UP OF GROUP
OF APPEALS OPPOSED
Present Commission Has Authority
to Function in Granting Excep-
lions, Expert Holds in Opinion.

coming code now Is too inf1exible, 5. @.
Lindholm, engineer of the zoning Com
mission, 1t was learned today, has
recommended that the powers OF the
commission be enlarged to enable 1t to
act as a board Of adjustment, so as to
grant relief in specific cases to proper
ty owners, to an extent not now possible
under coming regulations.
Following a studied analysis of the
matter, Mr. Lindholm has submitted
comprehensive report to the commits
sion, urging the ACCESSIBILITY Of modify
ing the coming code. to permit excep-
tions from hard and fast rules where
in specific cases, radical changes in the
coming map are found not in public
interest.
In Public Discussion.
The matter was thrown into public
discussion recently when the coming adj
visory committee, composed Of repre-
sentativeS of local trade bodies, archt-
tects, realtors and builders, unanimous
ly recommended creation OF coming
board of appeals, or an alternative sys-
tenn having the same general detectives.
Engineer Lindholm, in his report,
voices warnings against a separate
board Of appeals, to which he Is known
to be personally opposed, and he pro-
poses the alternative of an adjustment
committee of the existing Zoning Com
mission. which he believes the commits
sion has the power to set up. II the
corporation counsel of the District rules
that it has not, however, he recon-
mends that this power be sought from
Congress.
Until this question as to power has
been determined, Mr.. Lindholm recon-
defer action on the petition of the
coming advisory committee.
Determined Effort Slated.
The Operative Builders Association
of Washington is preparing to make a
determined effort to obtain a board OF
appeals based on information as to its
functions in the larger Eastern cities
gathered by Rufus S. Lusk, secretary
during a recent extended tour. Lusk
is a member Of the coming advisory
committee.
In his analytical report on the mat
ter Mr.. Lindholm cites the need OF an
adequate staff to handle the work which
an adjustment committee of the COM
| mission would have before IT,
His statement, while not interpreted
as forecasting the possible action OF the
| Zoning Commission, indicates that the
commission itself has been giving
| thought to the matter of adjustments
| In specific coming changes by making
exceptions from established rules.
Infiexiblity Cited.
Recognizing the "infiexibility" of the
present coming code, which is protested
! by the coming advisory committee. Mr.
1 I~.~l el~ kAlL 1aA
That meritoriouS cases to which the
! radical measure of rezoning cannot bt
applied have been left without relief Il
acknowledged by all"
An illustration of this point. another
| observer points out. is found in the de.
cision Of the Zoning Commission thi!
week in refusing to change from resi-
dental A restricted area to residential
A semi-restricted area two lots or
which stand two semi detached houses
which were there before coming wa!
established, and Therefore are mon con
forming"
The owner asked the change so tina
| rear porches might be inclosed This
could not be done under the existing
coming classification.
Petition Is Refused.
| Inclosing the porches would not
officials agreed. but the petition was re-
jected because, under the present ION,
ing code, relief could be granted onl,
/ by lowering the coming classification
from A restricted to A semi-restricted
Had this been done, q lower residential
coming classification would have beer
established in an A restricted section
If the zoning Commission had au
thority to grant an exception from tn,
coming regulations the porches coulC
be inclosed without changing the zon'
ing map.
Contending that the coming act fol
the District of 1920 has conferred both
legislative and reviewing powers on thu
Zoning Commission to the extent o.
giving the commission very extensive
powers Of modification and review,
Mr.. Lindholm cites a list of actions o
the commission in granting exceptions
from literal interpretations Of estab
lished rules.
Decisions Recalled.
I'm addition to the adjustments b.
changes in the coming map" Mr.. Lind
holm states, the Zoning Commission
has in part adjusted cases involving
variance from a literal Interpretation
Of the regulations" He cited the fol-
lowing decisions:
ION shallow lots a building nigh
be allowed to extend as far to the rea
as the shallower of the two abuttini
buildings" 1921.
six per cent overoccupancy of lot
in c area approved as in substantial
compliance with coming regulations.
1928.
Seventeen per. cent overoccupanc
for lots-in B area for private garag
authorized" 1924.
Seven and eighth tenths per cen
over-occupancy Of corner-in virtua
compliance with coming regulations.
1924.
Ninety per cent occupancy o
lots-in B area for church purpose
granted" 1925.
"Ninety-four feet height limit in 80
foot height area and 1905 feet 70
addition to a building of the sam
height approved" 1925.
square feet for a dwelling on lot-in
) restricted area approved" 1926.
No Precedent Set.
Mr.. Lindholm points out, however
that the commission has at no tim
set such methods of adjustments as pre-
cedents to be followed, and the practic
has varied with the changing member
} ship of the commission.
Changes in the present regulation
are necessary to improve the presen
. appeal situation" he contends, "and
the changes cannot be made under tn
, must be secured.
. "The coming act authorizes the com
, mission to adopt such regulations, nc
inconsistent with law, as may be neces
lsasy to accomplish the purposes "a