HPA No. 00-117 (In re. Seats Residence)
- HPA Number: 00-117
- Building Name: Seats Residence
- Location of Property: 1635 Monroe St. NW
- Date of Decision: 07-Aug-00
Summary of Decision:
Applicant sought approval for the already-completed installation of a 26-inch-high retainer wall (raised from 16 inches) and a light pole in the front yard of her residence, a contributing building in the Mount Pleasant Historic District. The Mayor's Agent concluded that the light pole was neither consistent with the purposes of the Act nor compatible with the character of the historic district and ordered its removal. He also concluded that removing the retaining wall or reducing its height would impose an unnecessary economic hardship on the Applicant, and allowed her to keep both the wall and the walk.
- Adopting the recommendation of the Historic Preservation Review Board, the Mayor's Agent concluded that Applicant's already-completed installation of a light post was neither consistent with the purposes of the Act nor compatible with the character of the Mount Pleasant Historic District and ordered the its removal.
- The Mayor's Agent, although concluding that Applicant's installation of a taller retaining wall for her front lawn was not necessarily consistent with the purposes of the Act, declined to adopt the Historic Preservation Review Board's recommendation and declined to order the Applicant to remove or scale-down the wall. He found that the higher wall was hardly obtrusive and concluded that requiring its removal or reduction would result in an unnecessary economic hardship for the Applicant.
Economic Hardship :
Without giving figures on Applicant's income or assets, the Mayor's Agent found that removal or reduction of a previously installed brick retaining wall (extended at a cost of $1,400) would impose an unnecessary economic hardship on the Applicant. As such, the Mayor's Agent did not order reduction or removal, despite the recommendation of the Historic Preservation Review Board to the contrary and the new wall's potential inconsistency with the Act.
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United States Court of Appeals for District of Columbia Circuit (1999-12-17)
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