HPA No. 04-484 (In re. First African New Church)
- HPA Number: 04-484
- Case Name: In the Matter of First African New Church
- Location: 2105 10th Street, N.W.
- Date of Order: 12/23/2004
- Type of Permit Sought: Subdivision
- Disposition: Granted
- Date of Case Summary: 4/11/2007
2105 10th Street, N.W., L.L.C. ("Applicant") sought approval of a subdivision to combine four lots into a single record lot in order to restore First African New Church, an individually-designated landmark listed in the D.C. Inventory of Historic Sites, and build an addition to the church as part of a new condominium project. The Mayor's Agent granted the subdivision application, concluding the subdivision was "necessary in the public interest" because it was "consistent with the purposes of the Act," finding that the project would "allow for the retention and enhancement of the Church by facilitating the construction of a new condominium project which includes the restoration of the exterior of the Church and its adaptation for current use."
Mayor's Agent - Procedural:
- The Mayor's Agent stated that for a subdivision permit, the burden of proof is on the Applicant.
- The applicable Advisory Neighborhood Commission ("ANC") unanimously voted to support granting the subdivision application. The Mayor's Agent noted that it is required to give "great weight" to the views of an affected ANC, and concluded that the Mayor's Agent's approval was consistent with the ANC's views of record.
Necessary in the Public Interest:
The Mayor's Agent concluded that the Applicant's proposed restoration and addition was necessary in the public interest because it was consistent with the Act, finding that it would retain and restore the exterior of the landmark, adapt the interior of the landmark for a current use, and, because of the subdivision creating one single lot record, "result in enhanced protection for the Church by expanding the jurisdiction of the Act." The Mayor's Agent stated these results were consistent with the statutory purposes of the Act concerning landmarks, i.e., to "retain and enhance historic landmarks in the District of Columbia and encourage their adaptation for current use," citing Section 6-1106(b)(2) of the D.C. Code.
Extension of Jurisdiction:
Only two of the four lots proposed to be combined into one single record lot formed the boundary of the landmark designation. Although the subdivision would not change this boundary, the Mayor's Agent found that by granting the subdivision application, the jurisdiction of the Act would be extended to an area greater than the designated lot, thus providing expanded protection for the landmark, because future "alterations, new construction, demolition, and subdivisions on all of the new larger lot will be reviewed for their compatibility with the landmark."
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