Evening star., 1939-11-04
Spot zoning Ban
InMontgonlery
Is Proposed
Civic Committees
Druft Measures for
Nov. 13 Meeting
BY JACK ALLEN.

s>VVs - sVhSSAuuS
BY JACK ALLEN.
Adoption Of new policy pro-
hibiting any spot zoning In Mont
gomery County, Md, and the i'm
mediate prosecution Of all zoning
law violators is urged in two reso-
lutions presented to the Montgomery
County Civic Federations Executive
and Advisory Committees.
The measures, drafted by Fred
eric P. Lee, former president Of
the federation and one time member
OF the Maryland-National Capital
Park and Planning Commission, are
to be turned over to the civic body
by the committees when it meets at
the Bethesda Elementary School on
November 13.
preparation Of the resolutions was
spurred by recent attempts of prop
erty owners to obtain approval of
spot coming requests, including the
eHort by Peter Fritz to have the
Log Cabin Inn tract, near Wheaton.
changed from residential to com.
mercial classification.
Trial to Be Moved.
Yesterday the trial of Mr.. Fritz.
who has been arrested on 10
charges of selling alcoholic bev-
erages without a permit at his inn
near Wheaton, Md, October 30 and
81, will be removed from the Silver
Spring, Md, Police Court, it was
agreed between Judge Ralph G,
Shure, defense counsel, and States
Attorney Ben G. Wilkinson, jr.
After hearing yesterday on q
similar charge involving sale on Oc-
tober Il, Joseph B. Simpson, jr., one
OF the defense counsel, moved to
have the other trial set for Friday
taken to another justice court on the
ground that Judge Shure had heard
evidence involved in the October 80
and 81 cases before issuing the
search warrant.
Will Forward Papers.
IF you will write me a letter stat
Ing that am biased, prejudiced
and that the defendant cannot OBJ
tain a fair hearing in this court"
Judge Shure told Mr.. Simpson, II
would be delighted to forward the
papers to Bethesda"
Justice of the Peace James C.
Christopher of the Bethesda Police
Court said he was not sure that
he would take the case, but would
not decide until the question came
before him.
Meanwhile, the Maryland Ma.
tional Capital Park and Planning
Commission released a letter from
the National Capital Park and Plan.
ming Commission opposing the zon.
ing OF Mr.. Fritz property from resi-.
dental to commercial. Signed by
Frederick A. Delano, chairman, the
letter pointed out that the proposed
rezoning would be illegal because
| the law does not authorize such a
"self-contradictory device as one
/ lot district"
Called Violation.
"The proposal violates good zon-
ing principles" he wrote, in that it
would create a break in residential
district without any real community
need for the proposed additional
commercial area. Your approval of
the proposal would legalize a per-
slstent and aggravated violation OF
| tho 1ouy - Mr. Do1
One OF Mr.. Lees resolutions hold.
that several recognized authorities
on zoning matters contend spo,
zoning is illegal in the Maryland.
Washington regional district and
asks prompt enactment by the
Montgomery County commissioner.
OF a regulation declaring that al
applications for such changes will
be rejected.
1t further asks for the adoption
OF a regulation declaring that an
application for rezoning which, SUBJ
sequent to publication of notice OF
hearing, is denied by the county
commissioners or is withdrawn by
the applicant, may not be renewed
by the applicant or any successor
for five years.
New Applications Allowed.
Mr.. Lees resolution stipulates,
however, that when an applicant
makes preliminary showing to
the satisfaction of the commissioners
that there has been a substantial
change in the character of the sur
rounding area since the original ap-
plication, another application could
be filed.
The second resolution holds that
a number of commercial establish
ments are being operated on land
zoned exclusively for residential
purposes and directs the Committee
on Legislation and Legal Action to
push for prosecution of such viola
tionS.
1t further orders the committee
to prepare for the federation q
statement Of the facts and the law
"as to the extent of the co-opera-
ton or any lack thereof actually
prevailing between the Maryland
National Capital Park and Plan
ming Commission, the Board OF
County Commissioners, the building
inspectors, the Liquor Control Board,
the States attorney and the police
department in the administration