Decision Summary HPA No. 03-480, 03-481
- HPA Number
- 03-480, 03-481
- Building Name
- 1515-1517 32nd St. NW
- Date of Order
Full Text of Order
HPA Number: 03-480, 03-481
Case Name: In Re Darrin Phillips, et al.
Location of Property: 1515 and 1517 32nd Street, N.W., Square 1270, Lots 74 and 75
Date of Decision: 06/09/2004
Type of Case/Type of Permit Sought: Petition for Reconsideration of Modified Decision and Order
Prior Case History:
Gtown 32nd LLC (the “Applicant”) sought permission to construct two new houses on property identified as Lots 74 and 75, located within the Georgetown Historic District (the “Historic District”) and situated on the square included in the designation of the landmark Bowie-Sevier House (the “Historic Landmark”). The Mayor’s Agent approved such new construction application in a prior Decision and Order issued December 24, 2003 (the “Original Order”), on the condition that the Applicant work with the staff of the Historic Preservation Review Board (the “HPRB”) to develop a site plan that would include installation of an appropriate sidewalk and preservation of certain mature trees located on the east side of the 1500 block of 32nd Street (the “Condition”). Pursuant to the Condition, the Applicant met with a staff member of the HPRB who determined that it was infeasible to both install the sidewalk and preserve the mature trees, and that it was more desirable to preserve the mature trees. In an order dated May 20, 2004 (the “May 20th Order”), the Mayor’s Agent found that “the Applicant’s request for approval of the revised site plan is in compliance with [the Original] Order.” The Mayor’s Agent also determined that because the Condition required only that the Applicant collaborate with the HPRB staff to come up with a design that complied with the Condition, and not that other parties review the design for compliance, that no further review of the revised site plan was warranted. See HPA 03-480 & 03-481, orders of December 24, 2003 and May 20, 2004.
Following the issuance of the May 20th Order, certain individuals who had acquired party status for this case on February 11, 2004 (the “Petitioners”) petitioned the Mayor’s Agent for reconsideration of the May 20th Order because the Petitioners had not been aware of the Applicant’s request for approval of a revised site plan and desired the opportunity to be heard before the Mayor’s Agent issued a final, modified decision and order. The Mayor’s Agent granted this petition, ordering that: 1) the May 20th Order be vacated; 2) that a de novo hearing be conducted on June 30, 2004; 3) that the Applicant provide the Petitioners with a copy of the letter from the HPRB staff member detailing the infeasibility of both installing a sidewalk and preserving the mature trees as well as a copy of the Applicant’s petition to the Mayor’s Agent for approval of the revised site plan; and, 4) that any future legal documents and correspondence between any party and the Mayor’s Agent be served upon the other parties.
Mayor’s Agent - Procedural:
This decision implies that where a conditional order has been granted, and a revised site plan is requested to be approved as a result of efforts to satisfy the conditions of the prior order, entities granted party status in the prior proceedings are entitled to a hearing before the Mayor’s Agent concerning the revised site plan.
Subsequent Case History:
See orders of June 23, 2004 and September 24, 2004 for subsequent history.