'It can be undone' | Some DC residents say new construction in former front yard violates 1906 agreement

WASHINGTON — Residents in one D.C. neighborhood are trying to stop a construction project they said popped up in another home's front yard without permission. 

They gathered over 100 signatures in a petition opposing the construction and sent it to Mayor Muriel Bowser's office. 

Residents said they don’t oppose new buildings but claim the developer cut corners and may have violated a century-old land deed.

On the corner of 13th and Harvard, NW contractors are banging out a
two-story condominium building in what used be the front yard of a stately row home on this corner lot.

“This is the only notification we received and it's all about the house renovation nothing on new construction,” said Ron Munia while holding an April 2022 Notice of the Public hearing from the DC Office of Zoning.

Ron Munia has been following this project since the beginning. He's lived across the street since the 1980s and said neighbors were happy when the zoning commission told them about the renovation of the corner home on Harvard. But he said they had no idea the lot had been sub divided, giving the developer the green light to build a condominium building in what used to be the front yard.

Munia gathered all the documents dating back to the early 1900's which showed that the new construction may be violating the original covenant struck between the original landowner and the District. WUSA9 reviewed that 1906 covenant which says any new building "shall not be within 30 feet of the street line."

That set-back language stayed the same throughout the years. So, Munia and I went for a walk with a tape measure in hand.

"It reads 16 feet," said Munia holding the opposite end of the tape.

That new build measured 24 feet short of the required distance from the road, according to the covenant.

“I'm confused about the new developments you have raised,” said ANC Commissioner Billy Easley.

We also caught up with the developer at the construction site. He would not go on camera, but said he believes his property is up to code and he's working hard to maintain the integrity of this neighborhood. He also said according to the documents he has seen, the 30-foot setback applies to the front of the building only.

We checked and the front of the building does indeed meet the 30-foot rule and lines up with the existing row house, which now has a new front door and new address.

“We requested a second inspection specifically because of the concern of the setback and they said everything was OK," said Easley.

ANC Commissioner Billy Easley took neighbors’ concerns to the Department of Buildings and so did WUSA9. In fact, after reaching out to the Department of Buildings, a spokesperson sent WUSA9 this statement saying, in part:

"It is a legal responsibility of a permit applicant to provide any private easements or covenants during permit application. This information was not provided."

“I don't know what can be done; it shouldn't ever have happened – it can be undone,” said Munia.

The Department of Buildings told WUSA9 this case is now under legal review.