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The Building Height Limitation on Baltimore's Mt. Vernon Place

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The Building Height Limitation on Baltimore's Mt. Vernon Place University of Maryland Francis King Carey School of Law DigitalCommons@UM Carey Law Faculty Scholarship Francis King Carey School of Law Faculty 1984 High Society: The Building Height Limitation on Baltimore's Mt. Vernon Place Garrett Power University of Maryland School of Law, [email protected] Follow this and additional works at: https://digitalcommons.law.umaryland.edu/fac_pubs Part of the Property Law and Real Estate Commons Digital Commons Citation Power, Garrett, "High Society: The Building Height Limitation on Baltimore's Mt. Vernon Place" (1984). Faculty Scholarship. 249. https://digitalcommons.law.umaryland.edu/fac_pubs/249 This Article is brought to you for free and open access by the Francis King Carey School of Law Faculty at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. High Society: The Building Height Limitation on Baltimore's Mt. Vernon Place " I GARRETT POWER 1 ON MARCH 15, 1904, MARYLAND'S Gov­ had authorized a lottery designed to raise ernor Edwin Warfield signed into effect a $100,000 for construction of a monument law which prohibited erection of buildings, to his memory in Baltimore. A design com­ other than churches, more than 70 feet high petition was held and Robert Mills, of within one block of Baltimore's Washing­ Charleston, South Carolina, was the even­ ton Monument.1 Three years later, in tual winner. His design called for a massive March of 1907, William F. Cochran, owner column, 140 feet high on a vaulted base, of the Washington Apartments, located at with a statue of Washington at its summit. the northwest corner of the Monument, The Monument was to have been located was denied a building permit for construc­ at the site of the Baltimore Courthouse, tion of an additional floor, which would which was then being razed, but the War have increased the apartment's height from of 1812 intervened and a "battle monu­ 70 to 78 feet. Cochran sought a writ of ment," commemorating those who had mandamus ordering the issuance of these fallen in the defense of the City of Balti­ permits from the Court of Common Pleas more, was placed at the site originally in­ of Baltimore on the grounds that the law tended for the Washington Monument.3 was unconstitutional, but the Honorable An offer of a new site came from Colonel Henry Stockbridge denied his petition on John Eager Howard who had ridden with May 16, 1907. On June 24, 1908, the Mary­ George Washington during the Revolution. land Court of Appeals affirmed Judge Howard offered a plot, 200 feet square on a Stockbridge's decision, finding the 1904 magnificent hill overlooking the City, statute a fire control measure which was densely covered with trees. It was carved within the police power of the city.2 out of the Belvidere estate he had inherited This "anti-skyscraper" law is often de­ from his mother. Howard's offer was read­ scribed as Maryland's first zoning law and ily accepted and a cornerstone for the Mon - as one of the first zoning laws in the United ument was laid by Mayor Edward Johnson States. But there is more. Behind this dusty on the Fourth of July, 1815. A crowd, esti­ statute is a story of speculation, selfishness, mated at between 20,000 and 25,000 people, collusion, and changing social values, which assembled for the ceremony. Bands played, takes a century and a half to unfold, and orators and clergymen paid flowery and which has something to say about the role lengthy tribute to Washington. 4 of government in regulating the use of land. Construction proceeded slowly. It was I not until 1824 that the column, which was to hold the statue, had been completed. George Washington died a hero in 1799. During this period, the construction site By 1810, the Maryland General Assembly had become a favored picnic site for Balti­ moreans. They would pack a lunch and trek (c, Copyright 1982, Garrett Power. northward through the forest to watch the "' Mr. Power iR a professor of law at the University of construction. Public meetings and military Maryland. This article is the first chapter of a book in progress, A Chronicle of Twentieth Century Land exercises were also held on the construction Control, in Grralcr Baltimore. It was funded in part grounds. Colonel Howard offered to sell a by a grant from Resources for the Future. sizeable tract of land surrounding the mon - 197 MARYLAND HISTORICAL MAGAZINE VOL. 79, No. :l, FALL 1984 198 MARYLAND HISTORICAL MAGAZINE ument (the tract bounded by what is now main public. In 1845, the Mayor and City Centre. Madison, Cathedral, and St. Paul Council appropriated $600 Streets) to the city for park use in return for $20,000 in city stock. The city refused, for the purpose of enclosing in a good and because of the anticipated operating and substantial manner, the western square op­ maintenance expenses_r, posite the Washing-ton Monument, which It was not until 1826 that a sculptor was sum shall be paid by the -Register, to the order of William Tiffany, Edward M. selected to prepare the statue of Washing­ Greenway, and Basil Gordon, to be applied ton. For $9,000 Enrico Causici of Verona, by them, with such other sums.as they and Italy, agreed to execute a fifteen foot statue others may contribute to the improvement and hoist it to the top of the column. John and embellishment of said square. 10 Eager Howard died before completion of the Monument in 1829.6 An irori fence was erected around the west On Howard's death in.1827, the whole of square and apparently around the o.ther the Belvidere estate passed to his heirs. His squares as well. According to th~ reminis­ executors• decidedto capitalizEl on·the Mon­ censes of Mayor Ferdinand'Latrobe, "[t)he um'en t by ~elling the land 1:tround it in lots, origin of these enclosures wasthefacfthat rather than parcels. In .1831, .• they estab­ for many years-I .can. weU rec•llect it as a lished. four. boulevarcl squares fnthe shape boy-'pigs were al19wed to ·ru11 •at ]arge." u ofa Greekcross. The north/south squares Th.elocked gates served .the imdlia,ry, pur­ ¥!ere ca'.[led Washingtbp :pfoqe, in1d ·· t.he •PO,SI:!, <;if preven#~g the ~abblt\/froi;n recrea­ east/west squ~res;were pa'.Heg Mt.·'Vernon· Hon.•in. Ba:ltimW~'s finest neighq'()rhood;. Place. ~ots wtre· l~id'()Ut '.Ji())lrid'their pe­ .T11::.~ke, .. 'l8$()s,}ptiborderin,ffhe.$q~ares rimeters; Th~ w.bole:neiglib6rhood, which· filled with houses, The ne~ resid,ehts ,were came .tq.be .p()pt11arlijdeniif,ied';1s Mt.·. Y~r~ a 'Wµq'r '\Vhh .. ih. B~ltiµi~r~f ".~qcieti•. Dr. non Place. ".. ··':· Was.Baltirriore~s.Jirst.•suhdl.vi~-~:·::~:· .:'' . ·::·:· ., -.'"' '.- -. '. ,' <--.',•~--~·: ,,,,,-' '~,,-.. _...,,.., ... ~;-"'· ._, .. .,,,,, ___ ,.,, ." ., . ~o.li~'.:tI~n.soii •Thomas; a::leatliµg;pllysician .. sion .... •The ·.•.. ex~c:utors'· .mapketipg;, >sense aria·. poli.tfoiah,. 'built·. a .free .stafiqing: µreek: proveci ;cortec;( ;:Mt. '"y:~rn9ri fl~c~li,eq~,n~•. ~~viyfi:l.ch,.ouse ~t :J ·;west ~t;·~er.riori.J~lace; the fi,nest .resit:lehtfal neiglibothp{)d i'rl .Bal­ Jqhii'.\Vork Garrett, Presi<:1ent oftlle Bal­ timore, .and .the. lfoulevard squal'~S .b,ecame timore. &9hio Railroaq;·carneto.reside.at th~%&,(p6pul~(parlcs.7 . · .. ···••.• ·.... , .·· ·.·• :· . 16 East .Mt. 'Vernon \Plaoef ,Jghn c,NelSO!l; · Several houses ih "Howard's Woods" as wh~. served both, as S~cretfuy 6{State and this portion of Belvidere .was called, pre­ Attorney GeneraloftheUiiifeq:States; con­ dated theJaying.put of the squares.A sinall stru~tetj,3 WeEit Mt.VemonCPla~e.; William hous~ had existici>fo':r.severalye.a!s scnith­ Walters.,fapidly beCOIXling;o11((,6fthe rich~ west 'pr.the··Mopument. During the ·con- eElt men j:n America, .. bought 5. W.est .Mt. st:r,uctiqfrperiod,, it w·as occupied by NiC!ho­ Vernon .Place fromJohn M.:·Duva.11, who la.s Hitzelberg, who was keeper of the Mon­ had built it iri.1847.1.2 . .. tu:µen\ .ani:l for~man .. of the stohec:u'(;ters. l'vlt .. Vernon. P\ace confoiue,d. to ch~nge. Alld; ~yJ8~~., Qfi~rl~s Ho~3:l'd, t.he y9ung:. J.{y 1870; there'\vas \agitation to ,have the est son ofColornilJohn Eager Howard,.had raiJing~ arcmild the • squares removed., :A bu.ilt a gre~t rn~nsipn northeast of the Mon­ newspaper ·account from that era editori- ument.8 Irt1$Zq, the'.tirst'bouse•·.w~s,:·built alized as follows: ·• · · ont):1e square b):Edward 1\/l;cDonald Green-. way, $r. His holise stood, at th~ northwest The. Mayor.. in hiEJJast .• message .called the corner of thf Mog~inen.t, af whatJs today attention of. th.e ·CityCoundlto the·consid- 700 Washingtpn· place'. Soon thereafter; in . eration of the Mt. VemonSqtiares, He says: . "I would suggest the passage of an ordi­ 1842, 'WilHam Tiffani built aNeoclassical nance authorizing :the app°:fntment by the house/wh1ch· stilLstands, two.doors west. at. Mayor ofthree,•colrimissfoners for the Mt. s· We~t Mf 'Yernohl?lacig'. And I{a~i(Gor:;: Verf;•~'.'iqtifir~'s; 'ghiing th~111ipower .to·re­ dcili J:n1il,f ~ .hpuse ~rrOs~ithe .s,tr~et, on· the. move and seJ,I; .. fC>r the\ benefit . of the other·· side ofWesf Mt.: Vernon J>lace, .at squares, tpe Jrpl'.\ railing no~. surrou,nqjng ... · what 'is toda~/Numb~r 7'.9 ......· .. them, and appropriating a sum. of money· West Mt. Vernon Place did not long re- for the improvement and embellishment.
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