Evening star., 1932-01-30
Proposed Amendment.

or particular Importance, however, is
Tho proposed amendment winch WOuIu
give discretionary powers to the COM
mission to modify existing Zolng lesu-
latOnS.
This proposal. initiated by the COM
mission staff, READS.
Whenever, IN any specific case, the
zcning Commission shall find ana ue-
tcrmine that the strict application OF
q regulation to the particular case unQeT
consideration will. by reason OF eNcep-
tional circumstances or surroundings
constitute practical difficulty or un-
necessary hardship, and that the gen
eval purpose and intent OF SuCn IeEu-
latlon may be preserved ana JildL Ile
public health and safety ana Ine pro-
lection of property may, IN SO lar as
provided by the Zoning act, be secured
by a specific modification or partlal
suspension of the application OF Such
REGULATION to the specific case under
consideration. the Zoning Commission
NAV make an order permitting Such
modification or partial suspension.
such a provision in the code, II Is
eyDlained bv ZOnmg officials, would not
qiTc the commission power to permit
use of a parcel Of property IN genera
violation of its ZOnlng ClaSSlhCatlon. II
would permit the commission, however
to modify such ClaSSltlcauonS IN part
on a showing of real need, proVloeQ
there was substantial compliance" with
the regulations.
Many HardShips Caused.
There have been many instances in
recent wears since ZOnng became an
established fact here, where strict en-
forCcmcnt Of property ClaSSltCdtlonS mas
resulted in hardShipS TO owners ana
where they could have been avoided
had the commission had legal right 10
grac. minor exceptions from the regu-
lat.Ons according ID S. q. LlndhoIn,,
erCnCCr to the ZOnlng body.
There are many ways in which these
calc5 arise One of the most frequent
concerns the amount of lot which
n-sv be occupied by a building, under
tha tarjous regulations pertaining to
NJ. Cl property. In some such cases,
TO r-~rlt q building to occupy signify
M, rE.u the percentage OF the lot
p.ee.r 5~1 BY the regulation would not
i-.. Tho .-EuI ton nor damage the
ca .r-.n --. yet would improve the po-
= lI tac builder or owner, Mr.
L.aaom believes.
,,ncr cases concern the exact height
t. .nch a building may be erected,
Gur to a stcepIy sloping lot, or the de-
tha. of a nelghbOring building, or the
addition of a porch or other portion OF
a. CE.s.ing building
The amendment does not provide Tor
holding OF public hearings on petitions
for such notifications of the zOng
Tg.ulatiOlS There would be no require
m.ut for public hearings. it IS explained,
since the granting Of exceptions would
not constitute a change in the zOnlng
map 1t is further pointed out that but
thee coming hearings are held in year
end that delays in building operations
incident to a decision on an appeal Tor
2 modihc2 ton might in itself constitute
3 hardship.
Result of Suggestions.
Consideration of the proposal comes
a, an 5utgrowth of suggestions from
severe. sources which have been under
consideration for several years The
Operative Builders Association, COM
posed of leading builders here, pro
posed creation OF a separate Board OF
Zorim, Appeals. in 1929, on the basis
OF a study by Rufus S. Lusk, then It's
executive secretary.
At that time Mr.. LindhOlm issued a
lengthy analytical report on zonlng,
Cortcnding for a need of making the
zOuing code more flexible, so as to
corc for needed specific exceptional