HPA No. 2001-571 (In re. Education and Research Institute)

HPA Number: 2001-571
Building Name: Education and Research Institute
Address(es): 800 Maryland Ave. NE (a/k/a 415 8th St. NE)
Date of Order: 19-Apr-02

Summary:

The Applicant replaced the third story windows, which were visible to the public, of a contributing building in the Capitol Hill Historic District with vinyl windows in violation of the D.C. Historic Preservation Review Board's Standards , the Act , and a conservation easement on the building's facade. The Mayor's Agent ordered their removal and replacement with compatible windows, rejecting Applicant's claims that the orders would result in unreasonable economic hardship or subject the Applicant to discriminatory enforcement of the Act .

Economic Hardship:

The Mayor's Agent determined that order to Applicant to remove and replace 20 vinyl windows (installed at a cost of $5,565) did not amount to an unreasonable economic hardship when considered in the total context of the Applicant's financial information and cash flow. Although he provided no specific cost estimates at the hearing, the Applicant estimated the cost or replacement to be between $11,400 and $16,000 per floor.

Facade:

Windows on the principle facades of contributing buildings in historic districts fall under the authority of the Mayor's Agent and the Historic Preservation Review Board since they are visible to the public.

Mayor's Agent - Procedure

The Mayor's Agent found no basis for Applicant's allegation that he was singled-out by being ordered to replace vinyl-type windows he had illegally installed on a contributing building in a historic district on the basis that other buildings in the historic district were not similarly in compliance, noting that: there is only one historic preservation inspector for all of D.C. whose work is not self-initiated; several of the other cited replacements may have occurred before historic district was created or the current regulations were adopted.

Windows:

The Mayor's Agent denied the Applicant a post-construction permit for installation of several vinyl-type windows installed on a contributing building in the Capitol Hill Historic District in violation of the Rules Relating to the Repair and Replacement of Windows in Historic Landmarks and Historic Districts (the replacement also violated a 1982 conservation easement on the facade of which the Applicant was aware), and ordered replacement with compatible windows.

According to the Rules Relating to the Repair and Replacement of Windows in Historic Landmarks and Historic Districts (2001), new windows on designated buildings "must match the originals in terms of light configuration, profile, dimensions, material, finish, and overall appearance." Applicant's vinyl replacement windows were incompatible with these standards.

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