HPA No. 01-094 (In re. Stommel Residence)

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HPA No. 01-094 (In re. Stommel Residence)

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  • HPA Number: 01-094
  • Building Name: Stommel Residence
  • Address(es): 1613 Hobart St. NW
  • Date of Order: 04-Oct-01

Summary:

Applicants sought a post-construction permit for nine vinyl-style windows they had installed on the primary facade of their home located within the Mount Pleasant Historic District. The Mayor's Agent rejected their request, adopting the Historic Preservation Review Board's finding that the style of the windows was inconsistent with the regulations governing historic row houses. He also rejected their untimely assertion of unreasonable economic hardship finding that, although the order to replace the windows would be a significant financial inconvenience, it did not amount to a "taking," the standard by which to demonstrate unreasonable economic hardship.

Economic Hardship:

Although he found that the order to replace several vinyl-style windows would be a significant financial inconvenience to the applicants (estimated from $4,655.55 to $10,224.95), the Mayor's Agent found that the order did not amount to an unreasonable economic hardship. The two standards for assessing unreasonable economic hardship under the Act are: (1) failure to issue the permit amounts to a taking of the owner's property without justification, and (2) (for low-income owners) "failure to issue the permit would place an onerous and excessive financial burden upon the owner(s)." Although he gave both definitions, the Mayor's Agent did not state which standard he used to assess the Applicants' situation.

Windows:

Applicants installed twenty-four vinyl-style windows on their home located within the Mount Pleasant Historic District without the necessary permit. Working with the Historic Preservation Staff of the D.C. Office of Planning, they were able to retain fifteen windows (which were not visible to the public), but the Mayor's Agent, adopting the Historic Preservation Review Board's determination that vinyl windows were inconsistent with the regulations and policy for primary facades of historic row houses, ordered the replacement of the nine windows located on the primary facade.

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Title: HPA No. 01-094 (In re. Stommel Residence)
Author: Government of the District of Columbia. Department of Consumer and Regulatory Affairs. Office of Adjudication
Abstract: Decision and order concerning an application for a post-construction permit for nine vinyl-style windows that had been installed on the primary facade of a home at 1613 Hobart Street N.W., located within the Mount Pleasant Historic District.
Permanent Link: http://hdl.handle.net/10822/761280
Date Created: 2001
Subject: Alteration (Including Addition); Economic Hardship (Generally); Windows


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