HPA No. 94-157 through 94-175 Motion for Modification (In re. 5 11th Limited Partnership Buildings)

DigitalGeorgetown Repository

HPA No. 94-157 through 94-175 Motion for Modification (In re. 5 11th Limited Partnership Buildings)

Show full item record

  • HPA Number: 94-157 through 94-175
  • Building Name: 555 11th Limited Partnership Buildings
  • Addresses: 1005-1021 E St. NW; 515-525 11th St. NW; 1010-1014 F St. NW
  • Date of Order : 28-Jul-94

Summary:

Applicant sought permits for total and partial demolition of nineteen non-landmark buildings located within the Pennsylvania Avenue National Register of Historic Places (four of which were deemed non-contributing) and permits for new construction to build a mixed-use development. The Mayor's Agent concluded that the project was one of special merit by virtue of specific features of land planning and social or other benefits having a high priority for community services since the plan exceeded the amount of arts space required under the Comprehensive Plan and because of agreements between the developer and community groups securing employment opportunities for the local community.

Demolition:

The Mayor's Agent concluded that partial and total demolition of nineteen non-landmark buildings located within the Pennsylvania Avenue National Register of Historic Places (twelve of the demolitions were to be total: eight contributing buildings and four non-contributing) was necessary to construct a project of special merit, noting that two facades would be relocated and reconstructed while seven others would be retained and restored.

Economic Feasibility:

The Mayor's Agent found a reasonable expectation that the Applicant could complete its proposed mixed-use project based on a letter from Chemical Bank stating its belief that Applicant could meet its commitments based on the bank's twenty-year relationship with Applicant.

New Construction:

When the Mayor's Agent finds that demolition is necessary to construct a project of special merit, "no demolition permit shall be issued unless a permit for new construction is issued simultaneously and the owner demonstrates the ability to complete the project."

Special Merit - Community Services Having a High Priority:

The Mayor's Agent concluded that Applicant's proposed mixed-use commercial and retail development was a project of special merit by virtue of community services having a high priority since Applicant had entered into agreements with local community groups to hire local residents to work on the project's construction.

Special Merit - Land Planning, Specific Features of:

The Mayor's Agent concluded that Applicant's proposed mixed-use commercial and retail development was a project of special merit by virtue of specific features of land planning largely on the fact that the amount of arts space devoted to the plan was much greater than that required under the Comprehensive Plan, including a five-screen movie theater.

-----

  • Date of Order : 13-Jun-96

Summary:

Applicant filed a Motion for Modification of the Mayor's Agent's Decision and Order of July 24, 1994 (approving Applicant's requests for total and partial demolition and new construction to construct a project of special merit) so that it could dismantle, catalog, and store the facades of three buildings while the buildings were demolished. Based on testimony from the D.C. Chief Building Inspector and Applicant's experts that leaving the facades in place during demolition would present an imminent danger to public health, the Mayor's Agent concluded that Applicant's plans were an appropriate response to the situation and consistent with the Order of July 24, 1994.

Facade:

The Mayor's Agent allowed Applicant's Motion for Modification of the Decision and Order of July 24, 1994 (approving Applicant's requests for total and partial demolition and new construction to construct a project of special merit). The modified plan called for dismantling, cataloging, and storing the facades of three buildings while the buildings were demolished since it was discovered that leaving the facades in place during demolition would present an imminent danger to public health.

Mayor's Agent - Procedural:

  • It is indisputable that the District's Chief building Inspector can order the demolition of any imminently dangerous building. Given this, the Mayor's Agent concluded that had the deterioration of the building Applicant sought to demolish while retaining its facade been extreme, there would have been no need for the Applicant to file a motion for modification. *The Mayor's Agent concluded that it was appropriate to decide Applicant's motion without a full hearing given the threat to public safety (per the testimony of the D.C. Chief Building Inspector), the lack of opposition to the original application, and the current proposal's consistency with the original order.

-----

  • Date of Decision: 11/08/1996
  • Type of Case/Type of Permit Sought: Second Motion for Modification/Demolition
  • Disposition: Granted

Summary of Decision:

555 11th Limited Partnership (the "Applicant") filed a Motion for Modification of the Mayor's Agent's Decision and Order of July 28, 1994 ("Original Order") in regard to 523 and 525 11th Street, N.W., two buildings that were listed in the Original Order as being contributing buildings in the Pennsylvania Avenue historic district. The Applicant sought modification of the Original Order so that it could dismantle, catalog, and store the facades of the two buildings, rather than leave them in place during the demolition. The Applicant had previously sought and received a similar modification of the same order with regard to the buildings at 1005, 1007, and 1009 E Street, N.W. Based on the Chief Building Inspector's belief that it was more likely than not that the facades would crack or fail while the project was excavating around them, the Mayor's Agent determined that the modification "to disassemble by hand, to catalog and store, and to reconstruct the facades of the Buildings," was an appropriate response to the perceived danger, and was consistent with the Original Order.

Facade:

The project required excavation below the buildings' facades to a depth of sixty-five feet, meaning that it would be difficult to support the facades during construction. As a result, the Applicant's structural engineer and the Chief Building Inspector became concerned about the structural stability of the facades. Therefore, dismantling, cataloguing, storing, and reconstructing the facades was an acceptable alternative.

-----

Title: HPA No. 94-157 through 94-175 Motion for Modification (In re. 5 11th Limited Partnership Buildings)
Author: Government of the District of Columbia. Department of Consumer and Regulatory Affairs
Abstract: Decision and order regarding permits for demolition and partial demolition for 507-525 11th Street N.W., 1005-1021 E Street N.W., and 1010-1014 F Street, N.W.
Permanent Link: http://hdl.handle.net/10822/761238
Date Created: 1994
Subject: Demolition; Economic Feasibility; Special Merit - Community Services; Facade; Mayor's Agent: D.C. Administrative Procedure Act


Files in this item

Files Size Format View Dynamic View
Decision summar ... ul 28).html 3.940Kb HTML View/Open
Full text of or ... Jul 28).pdf 30.32Kb PDF Thumbnail  
Decision summar ... un 13).html 2.992Kb HTML View/Open
Full text of or ... Jun 13).pdf 17.32Kb PDF Thumbnail  
Decision summar ... Nov 8).html 2.957Kb HTML View/Open
Full text of or ... Nov 8).pdf 198.1Kb PDF Thumbnail  

Item Usage Statistics

This item appears in the following Collection(s)

Show full item record

Search DigitalGeorgetown


My Account