Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-09-26

carry into effect the provisions of this
act
THE law elsewhere provides for re-
view of specific cases and remedy by
change in coming It Is but logical to
assume that method of effecting mi
nor adjustments Is implied in this par
agraph.
Urges Amendment.
eft is. therefore, suggested that an
amendment of the Zoning regulations
be inserted, which Is modification OF
the coming code Of Kansas City, Mo-, as
follows:
Whenever. in any specific case, the
Zoning Commission shall and and de-
termine that the strict application Of a
regulation to the particular case under
consideration will, by reason Of excep-
tional circumstances or surroundings
constitute a practical difficulty or I'M
necessary hardship. and that the gen.
eral purpose and intent Of such regu-
lation may be preserved and that the
public health and safety and the pro-
lection >of property may, in so far As
provided by the coming act. be secured
by a specific modification or partial sus-
pension of the application of such reg
ulation to the specific case under con-
sideration, the Zoning Commission may
upon unanimous vote. make an order
permitting such modification or partial
suspension.
Mr.. Lindholm calls attention to the
fact that such an amendment would
not create a new board and that 1t
would only enable the commission to
act with authority where 1t has in the
past acted hesitatingly; that 1t does
not call for a public hearing in cases
coming within the scope of the amend
ment, and that appeal from the order
of the commission may he taken to the
proper court"
In compiling arguments against a sep
arate board Of appeals. Mr.. Lindholm
states that no legal definition Of the
scope of appeal cases will prevent an
appeal board from sitting IN judgment
on exactly the kind Of cases now APP
pearing before the Zoning Commits
sion. The board Of appeals will, there
fore, in practice, absorb the functions
of the Zoning Commission except the
functions Of changing the coming regu-
lations and the coming Of areas upon Its
own initiative"
He presents the argument also that
| If separate board be created to han
die appeal cases, no other public adj
vantage will be gained than substitu-
| ton Of officials. In this connection he
| declares that the Zoning Commission
has history of nine years in which ap-
peals to courts have oeen avoided ir
spite of the limitations Of power ndel
which the commission has been work
ing.
Policy Change Sought.
The Operative Builders Association
Is strongly urging that the Zoning Com.
mission change its announced policy
to hold but three coming hearings 8
year after next January ]. The com.
mission this week deferred action on thu
petition of the builders. The matter i
to be decided by the time the new
policy is to be effective the first of tn
next year.
In petitioning for q change in thu
new policy, the Operative Builders de-
clared that so few meetings q yea
would work a hardship on propert.
owners, who would have to wait fo
four months, or in some cases mucl
longer, to obtain action by the commits
sion on pending proposals.
| Further, 1t was contended, the new
policy would cause a great number o
cases to be piled up on the commits
sion's calendar, requiring hearings last
ing perhaps many days and taking tn
District Commissioners. members Of tn
coming body, from their many othe
duties for extended periods.