Evening star., 1940-03-01
Residents May Take
Ten|eytown zoning
Case 10 Court
Meeting Called Today
To Consider Means
Of HoItine Project

Protesting residents and parents
of schOolchildren in the Tenleytown
area may go to court in an effort to
prevent erection of Sears, Roebuck
& Co. store at.Wisconsin avenue and
Albemarle street NV.
Such action was indicated today
as Attorney Rosa F. Downing called
meeting of a committee of COM
munity interests today in his Office
to consider means of stopping the
project.
Overruled by the District Zoning
Commission yesterday. the residents,
who fear for the safety of 1000
school children in five schools in
the neighborhood because of antici-
pated traffic hazards, have not given
up the fight, Mr.. Downing said.
1--WE feel that the death or Grip
pling of at least one of the 1000
school children in that neighborhood
is Of more Importance than one big
corporation
Attorney Archie Shipe is assisting
Mr.. Downing in the case.
BY unanimous vote of all five of
its members, the Zoning Commission
rejected the petition of the residents
for rehearing on the change in
zoning granted by the agency.
Complaints Answered.
Making categorical answers to
complaints voiced by the long list
of residents. who had taken their
plea to Chairman Randolph of the
Education Subcommittee of the
House District Committee. the Zon-
ing Commission held. among other
things, that while the commission
is deeply interested in the views of
all persons "the sentiment of a
neighborhood is not controlling
factor" in a zoning case.
On this point, the commission s
formal statement said: The Su-
preme Court has held Seattle Trust
Co. VS.. Roberg, 278 U. S. 116 that
restrictions upon the use of property
can only be sustained if they bear a
reasonable relation to the public
health, morals or general welfare:
that it is the duty of the officials
charged by law with the admins
tration of a zoning law to determine
for themselves whether the restric-
tions to be imposed meet these re-
quirements; and this duty cannot be
delegated to those living or owning
property in the neighborhood."
Plans Must Be Approved.
Apparently in answer to protests
that the proposed store would
create increased traffic hazards, es-
pecially on the grounds that the
original plans call for automobile
entrance and exit on Albemarle
street, opposite the Janney School,
the commission several times re-
ferred to its order changing the
zoning in which it was stipulated
that plans for the proposed store
must meet with commission ap-
proval.
The commission also stated that
under the prior zoning classification
for property abutting on Wisconsin
avenue and on portion of the
Albemarle street side, commercial
building go feet high could be
erected. The triangular parcel af-
fected by the recent decision has q
frontage on Albemarle street farther
back from Wisconsin avenue.
The agency said 1t recognized that
the traffic problem there was great
and that 1t probably would be in
creased by any development per.
mitted under the old zoning. II
stressed that the new building would
not contain more than two stories
would provide off-street parking ano
that since entrances and exits must
be met with commission approval
the commission believed the traffic
problem would not be materially
aggravated" by the proposed project
Presents Other Arguments.
In further argument that its deci'
sion was proper, the commission ex'
planned that the parcel rezoned ha!
commercial zoning on one side, po.
lice station on another, a cemetery ir
the area and a school across the
/
street. For these reasons, 1t held, the
property was not we'll adapted to re.
stricted residential development.
One of the protest arguments wa.
that while the case had been sched.
uled to be heard February 7, tht
commission had changed the tint
for hearing to the next day, without
giving 80 days notice. In reply ths
commission quoted from the Zonint
Act to show that public hearings ma.
be adjourned from time to time ane
that If the adjourned meeting b.
publicly announced when adjourn
ment is taken, no further notice meet
be published.
Another argument '--"-: that tn