HPA No. 2004-123 (In re. William E. Reynolds and Gloria M. Reynolds Residence)
- HPA Number: 2004-123
- Name: In the matter of: William E. Reynolds and Gloria M. Reynolds, Applicants
- Location: 2022 Fourteenth Street S.E.
- Date of Order: 8/19/2004
- Type of Case: Alteration - permit for already completed installation of windows and door
- Disposition: Denied
Applicants, homeowners in the Anacostia historic district, sought approval for the already completed installation for five non-conforming vinyl-type replacement windows and one non-conforming pressed steel door. Applicants argued that failure to grant the alteration permit would result in unreasonable economic hardship. The Mayor's Agent denied the alteration permit as inconsistent with the purposes of the Act.
Mayor's Agent Procedural:
- Applicants were on legal notice of the restrictions for window replacements in the Historic District, even if they had not received actual notice.
Unreasonable Economic Hardship:
- Applicants failed to show unreasonable economic hardship. Despite testifying credibly about their difficult financial situation, Applicants submitted no documentation buttressing their testimony.
- Unreasonable economic results when an applicant establishes that there are no reasonable economic uses for the property as it exists. If uses exist, there is no unreasonable economic hardship from denial of a permit, even if there are more beneficial uses of the property.
- Applicants' property was worth over $100,000. Applicants had refinanced their home, obtaining cash for renovations, including installation of the windows and door.
- Installation of compliant windows and doors would substantially improve the property and increase its net worth by bringing the property into compliance with the law.
- The Historic Preservation Review Board's ("HPRB") 1997 Guidelines - "Windows and Doors for Historic Buildings" - and the HPRB's 2001 "Standards for Repair and Replacement of Windows in Historic Landmarks and Historic Districts" require window replacements on principal facades to reasonably match the prior historic windows in all respects - configuration, method of operation, profile, dimension, material, and finish.
- The HPRB's 1997 Guidelines also apply to replacement doors.
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