Evening star., 1933-05-25
zON|NG COVENANT
IN CHEVY CHASE IS
UPHELD BY COURT
Decision by Judge Gordon
Protects Residential Areas
Near Circle.
CHANGE WAS SOUGHT
FOR COMMERCIAL USE
Commission to Consider Two
Amendments to D. c. Code
on June Z.

The validity of covenant protect
ing residential areas near Chevy Chase
Circle from commercial encroachment
was sustained in District Supreme Court
today bv Justice Peyton Gordon.
The owners of two adjoining lots on
the west side of Connecticut avenue,
one of which faces on Chevy Chase
Circle. had sought to have the covenant
set aside so the property might be used
for commercial purposes. They argued
that conditions in that area have
changed to such an extent that prop
erty affected by the covenant is no
longer suitable for residential purposes:
Several residents of the vicinity ana
the Chevy Chase Land Co. OF Mont
gomery County, which sold the lots IN
question. opposed any change IN the
protecting covenant. Through Attor-
news John j. Hamilton. George E. Ham
ilton, jr.: w. c. Clephane and Sydney
Prince. they contended that the cove
nant was a valid agreement and that
there has been no change in condltlons
to Justify the court in opening the area
to commercial enterprises.
Gives Immediate Decision.
Both sides agreed this morning to
submit the case without argument ana
Justice Gordon announced his decision
at once. In denying the application, he
said he did not believe conditions
around the circle rendered that area
unfit for residence purposes.
Meanwhile, the Zoning Commission
announced that two amendments to the
District zoning code dealing with the
classification of garages, and 29 pro-
posed changes in the restrictions on
individual properties will be considered
June at public hearing.
The list scheduled for consideration
is unusually long and may result in a
full day session, beginning at 10 o'clock.
The two amendments are regarded as
important. One provides for clearer
class; 4cation of automobile repair shops
a. distinguished from storage garages
and the ether would permit erection OF
lergcr public storage garages in the
downtown commercial sections in
move to relieve traffic congestion.
Distinction Set Up.
About a year ago the commission set
u q distinction between definitions OF
automobile storage garages and auto
mobile repair shops in o-der to prevent
abuse of regulations under which per-
mits were issued for storage OF cars
where Later it was found the major busi-
ness was the repairing of cars. The new
amendment would permit repair work
in garages in first commercial districts
where consent is given by owners of rs
per cent OF the property within 200 feet.
The second amendment would per-
init construction of public storage ga
RACES on corner or triangular lots on
first commercial districts in the con-
gested area. 1t would also permit go
per cent lot occupancy OF buildings
erected for automobile storage on cor
ner of triangular lots in first COM
mercial areas in the congested district
of the city where the area OF the site
does not exceed 10000 square feet and
the frontage is not greater than 200
feet on either of the intersecting
streets. The present limit on lot area
for such enterprises now is 5000 square
feet.
The amendment also would permit
either public storage or service garages
in second commercial or industrial
areas, under similar conditions.