HPA No. 2010-166 (In re. St. Elizabeths Hospital)
- HPA Number: 2010-166
- Case Name: In the Matter of: Application of the District of Columbia Water and Sewer Authority for Construction of Water Tower on the East Campus of St. Elizabeths Hospital
- Location of Property: 1100 Alabama Avenue SE, East Campus of St. Elizabeths Hospital
- Date of Decision: 08/05/10 (Harriet Tregoning, Mayor's Agent for Historic Preservation)
- Type of Case/Type of Permit Sought: Construction
- Disposition: Granted
- Date of Case Summary: 07/26/11
Summary of Decision:
The District of Columbia Water and Sewer Authority ("Applicant") applied for a permit to construct a water storage tower on the East Campus of St. Elizabeths Hospital. The campus is a National Historic Landmark and is on the D.C. Inventory of Historic Sites. The Mayor's Agent held a public hearing to consider the claims by Applicant that the project is in compliance with the Historic Landmark and Historic District Protection Act of 1987 ("Act"). The Applicant claimed that the construction project is one of "special merit" since it will have a "significant benefits to the District of Columbia or the community by virtue of'social or other benefits having a high priority of community services" (D.C. Official Code §6-1102(11)). The Mayor's Agent found that the Applicant met its burden of proof, since an upgrade of the existing water service, including the new storage facility, is needed to address poor water pressure, improve fire protection, maintain existing water quality, and support future development in the area. The Mayor's Agent also found that the construction would be in accordance with zoning and height regulations. In deciding to approve the application for the water tower construction, the Mayor's Agent took notice of the Historic Preservation Review Board's nonbinding recommendation, but could not consider the Advisory Neighborhood Commission concerns because none were reported. Accordingly, the Mayor's Agent issued a preliminary finding of compliance with the Act for construction of the water tower described in the record of HPA No. 10-166.
Mayor's Agent - Procedural:
- The Mayor's Agent stated that Applicant bears the burden of proof to establish that the proposed construction would qualify as a project of special merit as defined under D.C. Official Code §6-1102(11).
- The Mayor's Agent is required by section 13 of the Comprehensive Advisory Neighborhood Commission Reform Act of 2000, D.C. Code § 1-309.10 to give "great weight" to the issues and concerns of the affected Advisory Neighborhood Commission.
- The Mayor's Agent stated that recommendation pursuant to the Historic Preservation Review Board referral must be considered, but it is non-binding. See D.C. Code § 6-1104(b).
- Pursuant to Section 10 of the District of Columbia Administrative Procedure Act, D.C. Official Code § 2-509, the Mayor's Agent waived the requirement of 10A DCMR § 410.1 to issue findings of fact and conclusions of law.
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