Evening star., 1938-10-06
CITIZENS REQUEST
NEW zON|NC ACTS
CHANGES Be MADE
Adjustment Board Powers
to Grant Exceptions
Are Debated.
HEARING is EXPECTED
TO BE ENDED TODAY
Commission Officials Probably
Will Need Several Days
for Study, However.

Numerous changes in proposed rules
and regulations to govern the powers
and procedure of the newly created
Board of Zoning Adjustment were
urged upon the Zoning Commission
today at a public hearing on rules
necessary to put the agency into op-
Grafton.
The suggestions came mostly from
George A. Corbin, president of the
Manor Park Citizens Association, and
w. H. Parsons, chairman of the
zoning Committee of the Citizens
Association of Takoma, D. c., who
submitted Jointly an extended draft of
suggested revisions.
The hearing was to be concluded
today, but commission officials said
several days probably would be re-
ouired for study before they were pre-
spared to adopt the regulations
About a dozen spokesmen for citi
yens' groups attended the meeting The
Federation of Citizens Associations
was represented by L. A. Carruthers,
president; Myron R. Walker, chair
man, and Joseph Sanders, vice chair
mittee.
Exception Power Debated.
y Debate developed on the first of 10
declarations of the powers Of the ad-
/. justment board to grant exceptions or
variances from existing zoning regu-
lations. This dealt with the power OF
the adjustment board, subject to cer-
tain restrictions, to permit educational
institutions in residential use districts.
Mr.. Corbin urged the zoning Com
mission to insert in this statement OF
power, and in several other declarations
of power, a proviso that the adjustment
board must first find that the property
for which the exception is sought is
appropriate" for the purpose, and "in
saccord with the wishes Of the neighbor-
hood"
These phrases, he explained, are in
the liquor control regulations, govern
ing the powers of the Alcoholic Bever-
age Control Board to issue beverage
permits.
Opposition came from Vernon L.
West, principal assistant corporation
counsel, who questioned whether such
; an addition would be constitutional.
He explained that such restrictions on
the A. B. c. Board are constitutional
because the United States Supreme
Court has ruled that a person does
not have a vested right to obtain or
' hold a liquor permit. Mr.. West said
the question of use Of property was
not in the same class, and doubted if
the same rule could be applied to
coming regulations. AS to the sugges-
ton that the Adjustment Board must
act in accord with the wishes of the
neighborhood, Mr.. West added that
held to be an improper delegation
OF powers.
Further Protection Asked.
More favorable attention was given
by members of the zoning Commission
to suggestion by Mr.. Corbin and Mr..
Parsons that further protection be
given home owners in restricted resi-
Dental areas against temporary use
of residential properties as sand, gravel
and clay pits. One suggestion was
that the property owner allowed to
'make such uses of his property be
required to return the land to an ac-
ceptable condition at the end of Its
temporary use for commercial sand,
gravel or clay excavation.
During an executive session late
yesterday the commission granted
eight applications for property changes,
deferred action on two others and
denied 10.
Decision was deferred on an appli-
cation for changes in property use on
both sides of Minnesota avenue, be-
tween Pennsylvania avenue and
Twenty street Sc, and an
application for change of the per-
mitted use of properties near
Eighteenth and H streets NE, near
the Langston Terrace development.
Changes Granted.
The commissioner granted the fol-
lowing changes:
Southwest corner Of Twenty-second
street and Alabama avenue Sc, to
permit park and shop development
planned by Dona1 l.. Chamberlin, from
sesidential to first commercial.
Northwest corner of Forty-eighth
street and Massachusetts avenue NV,
from residential to first commercial
Property located 116 feet east of
e Thirty-sixth street and south of Ben
ming road NE, from residential to
industrial area, subject to approval of
building plans by the Engineer Com
missioner of the District.
Square bounded by Massachusetts
avenue, Sheridan Circle, r and
Twenty second street NV, from resi-
Dental "B" restricted to residential
"A" restricted area, this being intended
TO prevent encroachment by boarding
and rooming house uses.
South side of Massachusetts, avenue,
between Twenty-second and Twenty
third streets, change from residential
SB" restricted to residential "a" re-
stricted area and properties at 2217
@ street NV, change from residential
"B" restricted to residential 60-foot
&c" area. These also dealt with
feared extension of boarding and room
ing house uses.
Other Changes.
! East side Of Connecticut avenue, be-
skween Brandywine and Chesapeake
streets NV, change from existing
coming to residential 60-foot &C" area
Properties on east side of Nebraska
avenue, between Nevada and Con-
necticut avenues, change from resi-
dental "a" restricted to residential
40-foot "a" semi-restricted area.
Properties at the rear of the east
side of Connecticut avenue NV, be-
tween Nebraska avenue and Thirty
sixth street, change from residential
~" restricted to first commercial 60
foot &C. area, contingent upon the
acquisition of park land and the dedi-
cation Of an alley.
b. The commission denied an applica-