HPA No. 1993-236, 1993-237, 1993-238 (In re. St. Matthew's Cathedral)
- HPA Number: 1993-236 through 1993-238
- Case Name: In the Matter of Archdiocese of Washington, DC, et al
- Location of Property: 1717-1721 Rhode Island Ave., NW
- Date of Decision: August 19, 1994
- Type of Case/Type of Permit Sought: Motion for Modification of the Mayor's Agent's prior decision
- Disposition: Denied
Applicant had received permission from a previous Mayor's Agent to demolish its property to construct a project of special merit, but had let the permits expire without renewing them within the required time. When Applicant applied for new raze permits, the then-current Mayor's Agent determined that the project included substantial changes to the original plan and concluded that the project needed to be first referred to the Historic Preservation Review Board for approval of the changes before the permitting process could proceed.
Applicant applied for new raze permits for a previously approved project of special merit. The Mayor's Agent convened a hearing to determine the positions of all parties and the status of the application. He determined that Applicants are not automatically entitled to have permits reissued, but noted that had the current plan been identical to the original, that "approval could very well [have been] a ministerial act."
Applicant had received permission from a previous Mayor's Agent to demolish its property and construct a project of special merit. The current Mayor's Agent referred Applicant back to the Historic Preservation Review Board for approval of the plans for new construction, concluding that there were significant changes to the original plan.
See HPA 1987-147 through 1987-150, order of December 22, 1987 for prior history.
- Date of Decision: September 30, 1994
Summary of Decision:
In 1987, the Archdiocese of Washington, D.C., owner of the subject property, and K&C Associates Rhode Island Limited Partnership, agent for the Archdiocese (collectively, the "Applicants") originally received approval from the Mayor's Agent to demolish four rowhouse structures in the Dupont Circle Historic District as part of a planned unit development project involving St. Matthew's Cathedral. Subsequently, the applicable permits expired, and the Applicants petitioned the Mayor's Agent to automatically renew his approval of the issuance of the demolition permits. In an order dated August 19, 1994, the Mayor's Agent declined to do so, finding that several elements of the project had changed since his initial approval, and, instead, referred the application back to the Historic Preservation Review Board for consideration. In this decision, the Mayor's Agent responded to a motion of the Applicants to modify his August 19, 1994 order, on grounds that the changes in the plans were required by the building code. The Mayor's Agent denied the request for modification of the prior order, finding that Applicant's witnesses had admitted that there were some changes in the plans that were not required by the building code.
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United States Court of Appeals for District of Columbia Circuit (1999-12-17)
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