Evening star., 1932-03-09
|C0URT OVERR|DES
| ZONE COMMISSION
K Street Properties Decision
Ordered Changed in Ap-
peal to Gordon.

The District Zoning Commission was
oroered today by Justice Peyton Gordon
OF the District Supreme Court to re-
zone as first commercial premises 1903
and 1909 K street. which fall within
the 1O0-foot depth from Sixteenth
street, which had been zoned residen-
tlal by the commission.
The court annulled the commission S
previous action, this being the first
tlme 1t has ever directed specific zon-
ing by the commission.
Inc property is owned by Rozier Du-
lang, Jr, and the Bugher estate. The
owners complained to the court that
while 1t Is within 100 feet of Sixteenth
street II fronts on K street, which in
the vicinity is zoned first commercial.
ana as residential property could not
De used to advantage and was practi-
cally dead loss.
The Zoning Commission filed motion
10 dismiss the proceeding and this was
granted by Justice Wendell P Stafford
then member of the court. The
owners appealed from this ruling and
tne District Court of Appeals declared
tne action premature and sent the case
oack Tor consideration by the lower
court.
The matter came up before Justice
Gordon today, when counsel presented
decree annulling the former zoning
ana directing the commission to re-
zone the property as first commercial.
assistant Corporation Counsel Vernon
Z. West represented the commission and
STOOD on the points raised in the motion
to dismiss.
Inc bugher property was represented
ny Attorneys Peelle, Ogilby g. Lesh and
tne Dulany property by Attorneys
simon, koenigsberger, Young and Brez
General Powers Remain.
The decision of District Supreme
court concerned an individual anc
Isolated case and should not be con-
strued as affecting the general powers
OF the Zoning Commission, in the opin.
ion of Lieut.. Col U. S. Grant, Sd, ex-
ecutive officer of the National Capita
Park and Planning Commission and q
member of the zoning body.
While he had not read the decision
OF the court, Col Grant said the rul-
ing apparently indicated that the court
found that an undue hardship had
been placed on the property owners
VINO brought the suit as result of the
refusal OF the Zoning Commission to
approve commercial classification.
The decision of the Zoning Com
mission, he pointed out, was motivated
by desire to preserve the residential
character of Sixteenth street. This
residential zone along Sixteenth street
runs back 100 feet from the Sixteenth
street curb line, thereby bring the two
K street properties within the resi-
dental zone. K street proper Is zoned
for commercial use.
This is the first case in which the
decision Of the Zoning Commission def
nitely has been reversed by court rul-
ing.
Form Approved by West.
Capt Hugh p Dram, executive Off
Ger Of the Zoning Commission, said
that the order signed by Justice Gordon
had been shown to the commission
before it was executed, and that AS
sistant Corporation Counsel Vernon L.
West had approved its form and that,
on Mr.. Vests advice, the commission
did not intend to appeal from the
order.
He said that there were many other
cases in the city where a coming line
split lot, and the same principle as
used in the K street case might apply
but the commission felt itself power
less to do anything other than to ac-