Agenda - Planning Commission - 11/04/2004

Home

September 25, 2004 -- Page 3 DiSTRiCT OF C O LU2vEB L& (07/29104) -- The District of Columbia Zoning Cam- mission granted final approval to the modification of a planned unit develop- ment plan that changed part of George Washington University's property to a commercial district. George Was~ngton sought the change in order to build a new classroom/dormitory building. Under the former zoning, it would only have been allowed to build an office or a condominium on the site. The York Apartments Tenant Association sued the commission, arguing its members were injured by the commission's decision because they Lived directly across the street from the proposed new structure. They argued a classroom/ dornntory structure would adversely affect the/r neighborhood because of noise and other problems related to students. DECISION: Dismissed. The tenant association failed.to establish it suffered an actual injury as a result of the zoning comn~ssion's decision. The association's arguments only pointed to Young's close prox2rmry to the modified planned unit development and asserted, without explanation, that the changes would interfere with its members ~njoyment of their homes. While-threats to non-economic interests such as use and enjoyment could constitute an injury, the alleged threat to members' quiet enjoyment of their homes was merely conjectural and hypothetical. Young's dose pro,'drmty to-the property alone did not make every use, or change in use, of the property injurious to the association's members. Ulti- mately, the association failed to indicate any harm it had suffered or was in immediate danger of suffering as a result of the zoning comm/ssion's decision. see also: Friends of Tilden Dark v. District of Columbia, 806 A.2d 1201 (2002). see also: Lwan v. Defenders of Wildlife, 504 U.S. 555 (1992). Ordinance -- Sign limitation favors multi-tenant buildings Court rules distinction between single- and multi-tenant buildings illegal Citadom' Norman Corporation v. Ci~/ of East Tawas, Court of Appeals of Michigan, No. 245410 (2004) MICHIGAN (08/03/04) --The City of East Tawas denied Norman Corporation's sign perrmt request because it found the proposed signs would exceed the number and size permitted under the city's sign ordinance. Norman appealed, arguing the ordinance unfairly limited the size and num- ber of signs that could '0e affixed to its single-tenant building because, under the ordinance, .~ multi-tenant building of equal size would have more ,~xplot~ame ~i~n space. Norman's appeal was denied. Norman sued, and the court ruled in its favor. The court found the cit?'s ~[yn [i~[ation ~mpermissibly distinguished between sins!e-tenant and multi- tenant h~tildin,~,- 7.; £OOa '2um~an :'.~ensn~n~j _~roup. ,'nv :eproducl[on is promb~ted. ::or more ;nformauon 9~ease .sail ~6i7} 5,22-0048. 135