HPA No. 97-398 (In re. Seiden Residence)
- HPA Number: 97-398
- Building Name: Seiden Residence
- Address: 331 Constitution Ave. NE
- Date of Order: 15-Jul-99
Applicant, who owned a single-family home in the Capitol Hill Historic District, applied for permits to construct a curb cut, parking pad, and new driveway. The Mayor's Agent denied the application, finding the curb cut inconsistent with the character of the historic district, and by thus with the purposes of the Act.
Consistent with Purposes of the Act:
Noting that a curb cut would reduce green space, an integral part of the Capitol Hill Historic District, eliminate up to two on-street parking spaces, and very likely lead to multiple curb cut petitions in the future, the Mayor's Agent concluded that granting the application would be inconsistent with the purposes of the Act.
The Mayor's Agent concluded that the Act was adopted in part "to stem the tide towards the diminution of the landscape features of historic districts... which would include the imposing of strict controls, which disfavors installing landscape reducing curb cuts." Allowing such a curb cut would reduce green space, an integral part of the Capitol Hill Historic District, would eliminate up to two on-street parking spaces, and would very likely lead to multiple such petitions in the future. * Although the Applicant demonstrated that there were several curb cuts in the district, the Mayor's Agent concluded that this fact "cannot be used as a legal standard by which to evaluate this current Application, and authorized additional curb cuts," noting that virtually all of the cuts were installed prior to the adoption of the Act.
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United States Court of Appeals for District of Columbia Circuit (1999-12-17)
United States District Court for the District of Columbia (1998-09-25)
District of Columbia. Court of Appeals (1995-11-17)