HPA No. 2001-190 (In re. Bayou Club, Copperthwaite Lane houses, Brickyard Hill House and Georgetown Incinerator

• HPA Number: 2001-190
• Building Name: Bayou Club, Copperthwaite Lane houses, Brickyard Hill House and Georgetown Incinerator
• Address(es): 3100 South St. NW
• Date of Order: 24-Aug-01

Summary:

Applicant sought to add an additional floor to a mixed-use construction project (previously approved at HPA 1998-355 et seq. ) in the Old Georgetown Historic District. The Board of Zoning Adjustments (BZA) had approved the variance. The Mayor's Agent, finding that the recommendations in opposition from the Commission on Fine Arts did not address the pertinent issue, and considering the opinions of the BZA and an architectural historian, ordered the issuance of all necessary permits.

Compatible:

• According to the legislative history of the Act, the burden of demonstrating incompatibility rests with those in opposition to the project.

• Based on the testimony of an architectural expert and the Board of Zoning Adjustments, and over the opposition of the Old Georgetown Board and the Commission of Fine Arts, the Mayor's Agent concluded that the addition of another story to the Applicant's previously approved mixed-used project was not incompatible with the Old Georgetown Historic District.

Mayor's Agent - Procedural:

• Since the Old Georgetown Board and the Commission on Fine Arts did not directly address the point at issue (the compatibility of the project's design), the Mayor's Agent rejected their recommendations and approved Applicant's request to add an additional floor to its previously approved mixed-use project in the Old Georgetown Historic District. See Committee for Washington's Riverfront Parks v. Thompson , 451 A.2d 1177, 1193-4 (D.C. 1982).

• Unless it is determined after consideration of the relevant zoning regulations that the design of a new construction project is incompatible with the historic district in which it lies, the Mayor's Agent must issue the permit.

New Construction:

• Unless it is determined after consideration of the relevant zoning regulations that the design of a new construction project is incompatible with the historic district in which it lies, the Mayor's Agent must issue the permit.

• The D.C. Court of Appeals has interpreted D.C. Code § 6-1107(f) to be a "presumption of issuance" for new construction permits. See Dupont Circle Citizens Association v. Barry , 455 A.2d 417, 423, n. 24 (D.C. 1983); In the Matter of Lots 54, 61, 812 - Square 236, 2045 14th Street, N.W. , H.P.A. No. 00-194

• The Mayor's Agent ordered that the construction permits Applicant sought to add a floor to its previously approved mixed-used project be issued based on the following considerations: the Commission on Fine Arts had not responded to the pertinent issue, the Board of Zoning Adjustments had determined that the variance would not impair the purpose or integrity of zoning regulations, the architectural historian/expert had found the variance compatible with the historic district, and the city's desire for private sector investment in the Georgetown waterfront area.

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