HPA No. 2003-155 (In re. Deborah F. Inabinet Residence)
- HPA Number: 2003-155
- Name: In the Matter of: Deborah F. Inabinet
- Location: 1425 W Street N.W.
- Date of Order: 10/29/2004
- Type of Case: Alteration permit for replacement of windows
- Disposition: Denied
Applicant, a homeowner in the Greater U Street Historic District, sought approval for already completed installation of 6 vinyl-type replacement windows. The Mayor's Agent denied the application and ordered installation of compliant windows, concluding that Applicant's unilateral installation of the 6 replacement windows was not consistent with the purposes of the Act and that denial of the permit would not subject Applicant to unreasonable economic hardship.
Mayor's Agent Procedural:
- Applicant was on legal notice of the restrictions for window replacements in the Historic District, even if she had not received actual notice.
- The position taken on the application by ANC 1B02 and filed with the Mayor's Agent was entitled to "great weight" pursuant to D.C. Code § 1-309.10(d)(3)(A).
Unreasonable Economic Hardship:
- Applicant did not demonstrate unreasonable economic hardship as defined in 10 DCMR 2599.
- 10 DCMR 2516.4 requires submission of documentary support for a claim of unreasonable economic hardship, including: the amount paid for the property, assessed value of land and improvements, appraisals obtained by the owner within the previous two years, or, for low income owners, a statement of present household income and number of persons in the household.
- The HPRB properly concluded that the replacement windows did not comply with the statute and regulations, including the HPRB's 1997 Guidelines and 2001 Standards regarding repair and replacement of windows in historic districts and historic landmarks.
- The 1997 Guidelines require window replacements to reasonably match the prior historic windows in all respects - configuration, method of operation, profile, dimension, material, and finish. The HPRB set a more flexible standard in its 2001 Standards, which apply the Guidelines to principal facades.
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