Marjorie Webster Jun. C., I. v. District of Col. B. of Z. A.
| Decision Date | 24 July 1973 |
| Docket Number | No. 7249.,No. 6640.,6640.,7249. |
| Citation | 309 A.2d 314 |
| Parties | MARJORIE WEBSTER JUNIOR COLLEGE, INC., Petitioner, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, Neighbors, Inc., et al., Intervenors. |
| Court | D.C. Court of Appeals |
Charles T. Duncan, Washington, D. C., with whom Richard J. Medalie, Laurance J. Ochs, Norman M. Glasgow, Whayne S. Quin and John F. McCabe, Jr., Washington, D. C., were on the brief, for petitioner.
James N. Dulcan, Asst. Corp. Counsel, Washington, D. C., with whom C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., were on the brief, for respondent. David P. Sutton, Asst. Corp. Counsel, Washington, D. C., also entered an appearance for respondent.
Curtis E. Von Kann, Washington, D. C., with whom William O. Bittman, Washington, D. C., was on the brief, for intervenors.
Before KELLY, FICKLING and YEAGLEY, Associate Judges.
Petitioner Marjorie Webster Junior College, Inc. (hereinafter, the college), seeks review of an order1 of the District of Columbia Board of Zoning Adjustment (hereinafter, the Board) which denied petitioner's application for an amendment to its campus plan which would have allowed the college to offer certain short-term, continuing education type courses on a year-round basis.
Aside from the contention that certain findings of fact are not supported by substantial evidence, petitioner's basic complaint is that the Board should have limited its consideration to whether the courses offered by the college were "appropriate for an academic institution of higher learning." After a careful review of these contentions, the record, and applicable law, and after extended and able oral argument, we find no error which requires reversal and, therefore, we affirm.
The college was founded by the Webster family in 1920 and operated until the academic year 1970-1971 as a girls' finishing school. In 1928 it moved to its present location on a 9.5 acre tract, bounded generally by Kalmia Road, 17th Street, and Jonquil Street, N.W. All of this campus lies within an R-1-A zoning district (detached single-family homes with minimum lot dimensions of 75 feet in width and 7,500 total square feet). Its continued existence at this location, after the passage of the Zoning Act of June 20, 1938, D.C.Code 1967, § 5-413 et seq., depended upon the college's complying with Sections 3101.4 and 3101.46 of the Zoning Regulations of the District of Columbia (hereinafter cited as Zoning Reg.).
These sections allow a "college or university which is an academic institution of higher learning" to exist in a residentially zoned district only if approved by the Board. The Board's approval, how ever, is not a purely discretionary matter;2 it is governed by the requirements specified in Zoning Reg. § 3101.46.3 The Board's discretion is further limited by Zoning Reg. § 8207.2, which mandates that the Board's approval of a special exception (such as that specified by Zoning Reg. § 3101.46) be granted only where "in the judgment of the Board such special exceptions will be in harmony with the general purpose and intent of the zoning regulations and maps and will not tend to affect adversely the use of neighboring property in accordance with said zoning regulations and maps. . ."4
In order to comply with the regulations, the college has, over the past years, sought and received Board approval for several amendments to its campus plan. Zoning Reg. § 3101.46(c). In 1970 the Board again reviewed and approved the college's campus plan. That approval was necessarily predicated on the Board's finding that the college's existence as a "girls' finishing school" is not, nor is it likely to become, objectionable to neighboring property because of noise, traffic, number of students, or other objectionable conditions. Zoning Reg. § 3101.46(a).
In recent years the college suffered financial difficulties due in large part to a steadily dwindling enrollment. Therefore, in the summer of 1971, the college was sold to its present owners, University Research Corporations5 (hereinafter, URC). URC's stated intent was to "establish a different kind of identity than the one associated with the girls' school." URC's success in establishing this changed identity is the basis of the controversy which culminated in this appeal.
Shortly after taking over control of the college, URC began to conduct new types of programs on the campus. While these programs were extremely varied, they did have certain similarities which distinguished them from the type of curriculum offered prior to the URC takeover. The programs were typically short-term (one semester or less — as short as one day), of a continuing education nature (rather than part of a degree program), and funded by federal grants. The courses were offered year-round and occasionally were taught on weekends and at night. Additionally, the students in the programs were men and women who tended to be older than the girls who attended the college previously.
These changes in the curriculum of the college resulted in a substantial change in the nature of the student body and its relationship to the surrounding neighborhood. Residents who live near the college had become accustomed to a student body which consisted of several hundred freshman and sophomore girls who moved onto the campus in the fall and remained until summer.6
As might be expected in such circumstances, the area residents, through their citizens' associations, tried to ascertain from the college and local zoning authorities just what right it (the college) had to institute these new programs. The citizens' concern was expressed in a series of related zoning administration and court actions. These actions resulted in a Board order which required the college to either remove the programs from the college campus or to file for an amendment to its campus plan. See Zoning Reg. § 3101.46(c). The college appealed this ruling7 and also filed the amendment.
Hearings were conducted on October 2 and 18, 1972, on the college's request for modification and amendment of its original campus plan. Neighbors, Inc., one of the citizens' organizations, participated as an intervenor at these hearings. The college and Neighbors, Inc., presented voluminous documentation of their respective positions. The college's basic position was and is that as long as it utilizes the same number of buildings, teaches the same number of students (at any one time), and carries on educational activities which are "appropriate for an academic institution of higher learning," the Board simply has no legal right to interfere. Neighbors, Inc., on the other hand, contends that the changes in curriculum have changed the nature of the student body and, in the words of the regulation, this special exception has "become objectionable to neighboring property [owners] because of noise, traffic, number of students, [and] other objectionable conditions." Zoning Reg. § 3101.46(a). Additionally, it is contended that these changes are not in harmony with the general purpose and intent of the zoning regulations. Zoning Reg. § 8207.2.
In support of its contentions, Neighbors, Inc., presented a list of 12 programs it believed were being conducted on the college campus in violation of certain zoning regulations. The college, through testimony of Dr. Frankel, its president, provided the Board with information concerning the programs. Dr. Frankel admitted that one program had in fact been conducted illegally, but he explained that the program had been terminated. His discussion of the other programs provided the basis of the description set out supra at 317. He did not dispute the characterization of those programs; however, he was of the opinion that the Board lacked authority to control them so long as they were located so as not to become objectionable to neighboring property because of noise, traffic, number of students, or other objectionable conditions.
The college presented other expert witnesses who testified concerning the above-mentioned standards. A traffic expert, a land use consultant, and the former president of the college, all provided the Board with testimony, which, if believed, would have provided a basis for finding that the new programs were in the regulatory sense "not objectionable." See Zoning Reg. § 3101.46(a).
Neighbors, Inc., presented a number of local residents who testified as to their personal knowledge of conditions near the college. While the testimony of these witnesses (pertinent parts of which will be set out infra) was rambling and at times imprecise, it clearly was sufficient to raise factual disputes for the Board's resolution concerning objectionable noise, traffic, number of students, and other conditions.
Also in evidence before the Board were the two reports required to be made by Zoning Reg. § 3101.46(e). The report of the Department of Highways and Traffic stated that the Department had "no objections to the proposed development." However, it emphasized that the rules for student use of automobiles and parking, submitted with the college's application, "should be strictly enforced to prevent extensive student parking on the residential streets in [the] area."
The National Capital Planning Commission likewise voiced no objection
provided that, to insure that the school remains primarily a residential institution of full-time students enrolled on an annual basis and no short courses or continuing education programs are permitted, the aggregate number of students enrolled annually shall not exceed 550, of which not less than 300 in the academic year 1973-1974, 350 in the academic year 1974-1975, and 375 in the academic year 1975-1976 and in subsequent academic years shall be residential students. [Emphasis added.]
In its three briefs before this court and at oral argument of this cause, petitioner primarily...
To continue reading
Request your trial
-
Wieck v. District of Columbia, Bd. of Zoning, 10639.
...of the Board flow rationally from these findings, Stewart v. BZA, D.C.App., 305 A.2d 516 (1973).' Marjorie Webster Junior College, Inc. v. BZA, D.C.App., 309 A.2d 314, 319 (1973)." Dietrich v. District of Columbia Board of Zoning Adjustment, D.C.App., 320 A.2d 282, 285 The BZA concluded, on......
-
PRESIDENT AND DIRECTORS v. BD. OF ZON. ADJ.
...district unless it conforms to all of the requirements of the [Zoning Regulations]." Marjorie Webster Junior Coll. v. District of Columbia Bd. of Zoning Adjustment, 309 A.2d 314, 318-19 (D.C.1973). Because these regulations require that use as a college or university shall be located so "th......
-
Coakley v. Police & Firemen's Ret. & R. Bd.
...v. District of Columbia Board of Zoning Adjustment, D.C.App., 320 A.2d 282 (1974); Marjorie Webster Junior College, Inc. v. District of Columbia Board of Zoning Adjustment, D.C.App., 309 A.2d 314, 319 (1973); Schiffmann v. ABC Board, D.C.App., 302 A.2d 235 (1973). If the agency's decision i......
-
Citizens Coalition v. BD. OF ZONING ADJ.
...contends that the BZA's concept of Georgetown's academic mission would contain no limiting principle. It cites Marjorie Webster Junior College, supra note 18, 309 A.2d at 314, for the proposition that a University is not shielded from scrutiny when operating a non-conforming use because the......