HPA No. 2010-180 (In re. Chesapeake and Potomac Telephone Company Warehouse)

• HPA Number: 2010-180
• Case Name: In the Matter of: the Application of National Public Radio for Partial Demolition of 1111 North Capitol Street N.E. (the former Chesapeake and Potomac Telephone Company Warehouse)
• Location of Property: 1111 North Capitol Street NE, Square 673, Lot 837
• Date of Decision: 06/04/10 (Harriet Tregoning, Mayor's Agent for Historic Preservation)
• Type of Case/Type of Permit Sought: Partial demolition
• Disposition: Granted
• Date of Case Summary: 07/21/11

Summary of Decision:

National Public Radio ("Applicant") submitted an application to demolish a portion of the Chesapeake and Potomac Telephone Company Warehouse ("Warehouse"), pursuant to section 5(a) of the Historic Landmark and Historic District Protection Act of 1978 ("Act"), D.C. Official Code § 6-1104(a). The Warehouse is a landmark listed in the D.C. Inventory of Historic Sites and the National Register of Historic Places. The Applicant contended that its project satisfied the conditions necessary for the issuance of the demolition permit since it met the definition of "special merit" as defined by D.C. Official Code § 6-1102(10). Mayor's Agent agreed with Applicant and found that issuance of demolition permit in necessary in the public interest because the proposed demolition is necessary to construct a project of special merit. Before coming to this conclusion, the Mayor's Agent gave great weight to the issues and concerns of the affected Advisory Neighborhood Commission ("ANC"). The ANC voted to support the application because it will allow for the creation of the special spaces and specific uses needed by Applicant to adapt the Warehouse for its use. The Mayor's Agent also referred the application to the Historic Preservation Review Board ("HRPB") which concluded that while the proposed demolition is not consistent with the purposes of the Act, the new construction proposal could qualify as a project of special merit. Taking all in consideration, the Mayor's Agent ordered that the application for a permit to partially demolish the Warehouse be cleared for historic preservation review purposes. Furthermore, it was ordered that the demolition permit shall not be issued unless a permit is issued simultaneously for the construction of the project of special merit, and the Applicant satisfactorily demonstrates to the staff of the Historic Preservation Office its ability to complete the project.

Mayor's Agent - Procedural:

• The Mayor's Agent stated that Applicant bears the burden of proof to establish that the proposed demolition would allow for a project that will significantly benefit the District of Columbia or the community and thus be in the public interest.

• 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 ( "ANC").

• The Mayor's Agent stated that recommendation pursuant to the Historic Preservation Review Board referral must be considered. See D.C. Code § 6-1104(b).

• The Mayor's Agent stated that pursuant to 10A DCMR §§ 410 and 3207.3 and section 10 of the District of Columbia Administrative Procedures Act, it waived the requirement that findings of facts and conclusions of laws accompany the final written order because no parties opposed the application.

Consistent with the Purposes of the Act:

The Mayor's Agent concluded that Applicant proved that the partial demolition would allow for the construction of a project that will have significant benefits to the District of Columbia or to the community by virtue of exemplary architecture, specific features of land planning, or social or other benefits having a high priority for community use, in accordance with D.C. Official Code § 6-1102(11)

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