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GOVERNMENT OF THE DISTRICT OF COLUMBIA

OFFICE OF PLANNING, HISTORIC PRESERVATION OFFICE

801 NORTH CAPITOL STREET, N.E., THIRD FLOOR

WASHINGTON, D.C. 20002

 

_______________________________________

In Re: Application for Demolition

 

In the Matter of:

 

The Trustees of the Corcoran Gallery of Art and MR Randall Capital LLC

for Partial Demolition of 65 I Street, S.W.

(the former Randall Junior High School)

                Applicants                                                          

)

)

)        Square 643-S

)        Lot 801

)

)        H.P.A. No. 07-245

)

)        Date of Issuance: September 18, 2007

)

_______________________________________

)

 

DECISION AND ORDER

 

Background

 

This matter came before Rohulamin Quander, Senior Administrative Law Judge and the Mayor's Agent for Historic Preservation (the "Mayor's Agent") on June 27, 2007, upon a request for an administrative hearing filed by the Trustees of the Corcoran Gallery of Art (the "Corcoran") and MR Randall Capital LLC ("Monument") (the Corcoran and Monument collectively referred to as the "Applicants") for a permit to demolish the rear additions to the former Randall Junior High School (the "Randall School") located at 65 I Street, S.W., in order to construct a project of special merit pursuant to the District of Columbia Historic Landmark and Historic District Protection Act of 1978, as amended (the "Act"), D.C. Official Code (the “Code”) § 6-1101 et seq. (2001). The administrative hearing was conducted in accordance with the requirements of Title 10A of the District of Columbia Municipal Regulations ("DCMR"), Chapters 1-99 and the District of Columbia Administrative Procedure Act, Code § 2-509 (2001). 

 

The Applicants filed an application for partial demolition of the rear additions to the Randall School with the D.C. Department of Consumer and Regulatory Affairs ("DCRA") as well as conceptual design plans for a new residential addition to the remaining portions of the building. The Randall School, which is an individually designated landmark listed on the D.C. Inventory of Historic Sites, is located at 65 I Street, S.W., and includes all of Lot 801 in Square 643-S.  Pursuant to §§ 6-1104 and 6-1107 of the Act, the application was referred to the D.C. Historic Preservation Review Board ("HPRB" or the "Board") for review. 

 

HPRB reviewed the application at its March 22, 2007, and April 26, 2007, public meetings. By action dated April 26, 2007, the Board recommended approval of the new addition in concept and referred the partial demolition application, which it found to be inconsistent with the purposes of the Act, to the Mayor's Agent for consideration at a formal administrative hearing. By letter dated May 4, 2007, the Applicants requested an administrative hearing before the Mayor's Agent, and stated their intention to demonstrate that the sought partial demolition was necessary in the public interest to construct a project of special merit.

 

The Mayor's Agent held a public hearing on the application on June 27, 2007.  Notice of the public hearing was published in the D.C. Register on May 25, 2007. The Applicants were represented by Mary Carolyn Brown, Esq. and Norman M. Glasgow, Jr., Esq. of Holland & Knight LLP and Richard B. Nettler, Esq. of Robins, Kaplan, Miller & Ciresi L.L.P.[1] Testifying in support of the proposed project and the application for partial demolition were: Paul Greenhalgh and Christina DePaul of the Corcoran Gallery of Art who were each qualified as experts in the areas of arts and arts education; Russell Hines of Monument Realty who was recognized as an expert in the field of real estate development; Emily Eig of EHT Traceries, Inc. who was qualified as an expert in architectural history; and Patrick Burkhart of Shalom Baranes Associates, who was recognized as an expert in the fields of architecture and design.  

 

In addition to the above, Konrad Schlater, Special Assistant in the Office of the Deputy Mayor for Planning and Economic Development, testified in support of the application. David Maloney, Deputy State Historic Preservation Officer of the Historic Preservation Office, D.C. Office of Planning, testified briefly, clarifying a significant point, as noted below in the Findings of Fact. Ron McBee of Advisory Neighborhood Commission ("ANC") 6D testified in opposition to the application. 

 

       Based on the substantial evidence in the entire record of this proceeding, including all written and oral testimony submitted at the administrative hearing and the recommendation of the HPRB, the Mayor's Agent concludes that the applications for partial demolition and new construction should be GRANTED.

 

ISSUE

 

The sole issue to be decided is whether the Applicants have sustained their burden of proof under the Act and established that the issuance of the partial demolition permit is "necessary in the public interest" in order to construct a project of "special merit."  

 

FINDINGS OF FACT

 

The Mayor's Agent, having received all of the evidence presented in this matter, and having reviewed the same and given the proper weight to the expert testimony presented, now makes the following Findings of Fact: 

 


Jurisdictional and Procedural History

 

       1.    In accordance with §§ 6-1104 and 6-1107 of the Act, the Applicants submitted to DCRA an application for partial demolition of the rear additions to the Randall School, as well as conceptual design plans for a new residential addition. 

 

       2.    HPRB reviewed the demolition application and conceptual plans at its March 22, 2007, and April 26, 2007, public meetings. By action taken on April 26, 2007, during its regularly scheduled meeting, the HPRB adopted the staff report and recommended approval of the new addition in concept. However, HPRB also found that the proposed demolition was inconsistent with the purposes of the Act, and suggested that the Applicants seek an administrative hearing before the Mayor's Agent to demonstrate that the proposed project is one of special merit  In approving the conceptual design of the proposed addition, Tersh Boasberg, the chairman of HPRB noted that "in this case, there's just simply no question of the link of the special merit application, and I think contrasting it to many cases where sometimes it gets very thin, this is very much of a heavyweight. And therefore we're anxious to hear this case and move forward and get it up to the Mayor's Agent."  See HPRB Public Meeting Transcript (April 26, 2007), p. 26.

 

       3.    Pursuant to §§ 6-1104(c), 6-1104(e), and 6-1107 of the Act, the Mayor or the Mayor's designated agent has the authority to hear the merits of demolition applications for individually designated landmarks. In accordance with the Act, the application was referred to the Mayor's Agent for an administrative hearing, and by letter dated May 4, 2007, the Applicants notified the Mayor's Agent of their intention to demonstrate that the partial demolition is necessary in the public interest in order to construct a project of special merit. A timely notice of hearing was published in the D.C. Register on May 25, 2007.

 

The Applicants

 

       4.    The Corcoran Gallery of Art, a District of Columbia nonprofit corporation, was founded in 1869 as the first museum of art in the District of Columbia. The Gallery has an extensive collection of historical and modern American art, as well as contemporary art, photography, European painting, sculpture, and decorative arts. The Corcoran College of Art and Design was founded in 1890 and enrolls approximately 500 undergraduate and graduate students. Additionally, the college offers non-degree art classes to more than 3,000 children and adults each year.

 

       5.    MR Randall Capital LLC, a Delaware limited liability company, is a subsidiary of Monument Realty. Monument Realty was formed in the District of Columbia in 1998 and has since become one of the nation's most successful development firms. Monument Realty has extensive experience developing residential, commercial, and mixed-use projects in the District of Columbia and the outlying metropolitan area. Monument's development portfolio includes more than 5 million square feet of Class A office space, 4,900 residential units, and three hotels. 

 


The Subject Property and the Randall Junior High School

 

       6.    The subject property is located at 65 I Street, S.W. (also known as 840 Half Street, S.W.) and consists of Lot 801 in Square 643-S, which is bounded by I Street on the south, former First Street on the west, partially closed H Street on the north, and former Half Street on the east, in southwest Washington, D.C. The site contains approximately 115,724 square feet of land area. The Randall Recreation Center is located to the north and east of the site. The subject property is currently owned in its entirety by the Corcoran. Upon completion of the proposed project, the residential component of the building will be sold to Monument in fee simple. 

 

7.    The property is presently improved with the Randall School, which consists of its original 1906 building and numerous subsequent additions. The Randall School is an individually designated historic landmark listed on the D.C. Inventory of Historic Sites. The building was originally constructed as the Cardozo Elementary School in 1906. In 1927, the building was improved with new wings on its east and west sides, and became the Randall Junior High School.[2] The Cardozo Manual School, which was constructed on Square 643-S in 1912, was incorporated into the Randall School at this time as well. A number of later additions were added to the rear of the building between 1932 and 1973. The original 1906 building was designed by the architectural firm of Marsh & Peter, and the 1927 wings were designed by the municipal architect Albert Harris. The Mayor's Agent agrees with the Applicants' expert witnesses that the rear additions to the Randall School are nondescript structures with little historical significance. 

 

The Development Covenant for the Property

 

       8.    The subject property is being developed pursuant to a covenant between the Corcoran and the District of Columbia. In the Fall of 2006, the District sold the Randall School property to the Corcoran for redevelopment as a new campus for the Corcoran College of Art and Design and a new residential development. Under the terms of the agreement, the Corcoran must provide a minimum of 80,000 square feet devoted to arts education and arts-related uses, and at least 340,000 square feet for residential uses. The covenant further requires that no less than twenty percent (20%) of the new residential units must be set aside for households earning no more than eighty percent (80%) of Area Median Income ("AMI") for the Washington, D.C., metropolitan area. To fulfill its obligations under the covenant, the Corcoran selected Monument as its development partner after numerous unsuccessful attempts to find other development partners for the project. 

 


The Partial Demolition

 

       9.    The three most historically significant portions of the existing building are located along I Street, S.W., and form the original Randall School when established in the mid-1920s. The 1906 center pavilion with the eastern auditorium and western classroom wings added in 1927 are intact, arranged in a classical, symmetrical tripartite plan. The rear additions to the building, however, are of lesser historic value and cannot be adaptively reused to support the housing and arts objectives established by the city for the site through the restrictive covenants under the deed of conveyance. Removal of those later additions is therefore necessary to construct the proposed project.  In that regard, the Applicants intend to remove the rear additions to the Randall School, while retaining and rehabilitating the historic portions of the building along I Street, S.W. 

 

The Proposed Project: Historic Preservation and the New Residential Addition

 

       10.  The proposed project will consist of two major components: a) the renovation of the original and more significant historic school buildings along I Street for use by the Corcoran; and b) the construction of a new nine-story addition behind the retained portions of the Randall School for market-rate and affordable housing. The old and new portions of the development will be separated by an interior courtyard.

 

       11.  To fulfill the city's objectives for the site, the Applicants have applied to the D.C. Zoning Commission for a planned unit development ("PUD") and zoning map amendment.  Upon completion, the building will contain approximately 499,843 square feet of gross floor area, of which 76,043 square feet will be devoted to exhibition, studio, and classroom space for the Corcoran. The Corcoran will occupy the renovated Randall School buildings, as well as additional space on the first three floors of the western wing in the proposed new construction. The former Randall School building will thus be returned to an educational use, and, as testified to by several witnesses for the Applicants, the re-use of the Randall School will enable the Corcoran to establish art school programs in concert with local public schools in the neighborhood. Another 24,000 square feet of below-grade space will also be used by the Corcoran for a total of just over 100,000 square feet of floor area occupied by the Corcoran. The development will also include a three-level underground parking garage, which will provide spaces for approximately 430 vehicles. 

 

       12.  The residential portion of the development, containing approximately 423,800 square feet of gross floor area, will be located in the remaining portions of the new addition. The residential space will contain between 400 and 500 condominium units. The new addition will be E-shaped in configuration, with the two end-legs connecting to the historic wings of the Randall School. The shorter, center-leg will project into the interior courtyard. Smaller, three-story additions will be located on either side of the 1927 wings of the original building  This design shifts most of the project's density toward the rear of the site, away from the historic buildings along I Street. 

 

       13. The western edge of the site includes a portion of First Street, S.W., which was closed in connection with the District’s urban renewal plans of the 1950s.  The proposed construction on the subject property will be sufficiently set back from the western property line to maintain this right of way, and will thus reinforce the integrity of the historic L'Enfant street plan. Although the new addition will project into a portion of the former H Street, S.W., right of way, the evidence in the administrative record demonstrates that the partial occupation of this area, which is located entirely on private property, is consistent with the current use of the former right of way by the existing school building, and is necessary in order to ensure the economic viability of the project. 

 

       14.  The proposed project contemplates the retention and rehabilitation of the portions of the Randall Scho ol building located along I Street, S.W. The Applicants will clean and re-point the building's red masonry street façades and will replicate certain missing elements from the original structure, such as the roof balustrade of the center pavilion. Additionally, the building's interior spaces will be modernized with the installation of new electrical, plumbing, and life safety systems to accommodate its new use as an art school. The proposed project will retain and enhance the most significant portions of the historic Randall School and will facilitate its adaptive reuse as an educational institution. 

 

Advisory Neighborhood Commission 6D's Recommendation

 

       15.  Ron McBee testified on behalf of ANC 6D in opposition to the conceptual design of the proposed project. His written statement was received into the record as Exhibit #9. Mr. McBee explained that the principal basis of the ANC's opposition was the projection of the rear portion of the proposed residential addition into the closed portion of the former H Street, S.W., right of way, asserting that this incursion constituted an "alteration" of the landmarked L'Enfant street plan. On cross examination, Mr. McBee conceded that the previously closed portions of the H Street right of way, which is currently partially occupied by a portion of the Randall School, is similarly situated to other streets in the District which have previously been closed, i.e., they are not in fact covered by the landmark designation for the L'Enfant Plan.[3] He also asserted that when a building or structure which caused a street closure is removed, that street should be reinitiated and re-platted into the public space and the impingement upon the L’Enfant Plan vacated. David Maloney, Deputy State Historic Preservation Officer, of the Historic Preservation Office, D.C. Office of Planning, also noted that the HPRB's designation of the L'Enfant Plan did not include any portion of the former H Street, S.W., right of way. Mr. McBee did not challenge the special merit of the proposed uses for the site or the fact that demolition of portions of the Randall School is necessary for construction of a project of special merit. 

 

       16.  Section 1-309.10(d) of the Code provides that the recommendations of the ANC are entitled to "great weight" by District agencies. Although the Mayor's Agent is sympathetic to the concerns raised by Mr. McBee, his testimony is not relevant to the sole issue in this case, i.e., whether the requested demolition permit is necessary to construct a project of special merit. On the contrary, the evidence in the record strongly demonstrates that the partial occupation of the former H Street, S.W., right of way is essential to the feasibility of the proposed project.

 

Other Evidence

 

       17.  Paul Greenhalgh, the Director of the Corcoran Gallery, was qualified as an expert in arts and arts education and testified that the proposed project will allow the Corcoran College of Art and Design to significantly expand its existing programs. Specifically, Mr. Greenhalgh explained that the Randall School campus will provide a number of community outreach programs, as well as studio and classroom space for the College's degree programs, such as ceramics, sculpture, and woodworking. The Randall School facilities, according to Mr. Greenhalgh, are much better suited to these uses than the existing facility at 500 17th Street, N.W.

 

       18.  Christina DePaul, the Dean of the Corcoran College of Art and Design, was qualified as an expert in arts and arts education and testified on the College's degree and community outreach programs and the expected impacts of the proposed project on the surrounding community. Ms. DePaul noted that the growth in enrollment at the College is quickly outstripping its existing facilities. The proposed project will allow the College to expand its enrollment from 500 to 1,000 students across its three campuses. Ms. DePaul also noted that the new facility will include a new gallery for student and faculty artwork, which will be open to the public for viewing, as well as approximately 2,600 square feet of space for independent artists. Ms. DePaul described the many community outreach programs that will be accommodated within the new space and noted that the College has met with representatives from area elementary and junior high schools, Southeastern University, and the Arena Stage about the potential for collaborative programs with those institutions. 

 

19.  Russell Hines of Monument Realty was qualified by the Mayor's Agent as an expert in real estate development. Mr. Hines testified that the rehabilitation of the Randall School and the proposed residential addition was a project of special merit and further stated that the requirements of the Corcoran's development covenant with the District could not be satisfied within the existing buildings on the site. Mr. Hines also explained that the economic feasibility of the proposed project required the residential addition to be partially located within the previously closed H Street, S.W., right of way. Pulling the building away from the rear lot line could be accomplished, according to Mr. Hines, only by recapturing the lost density elsewhere on the site. Such a modification would likely require an increase in the height of the building or the building's incursion into the First Street, S.W., right of way. Both of these options were considered and rejected by the D.C. Office of Planning and the HPRB. Mr. Hines noted that the Applicants had reduced the proposed height of the building from 130 feet to 90 feet at the suggestion of the Office of Planning. Based upon a recommendation from the Historic Preservation Office, the Applicants agreed to set the building back from the west lot line to reinforce the integrity of the original L'Enfant Street Plan. Finally, Mr. Hines explained that the economic viability of the project was further complicated by the downturn in the residential housing market and increasing construction costs.  Based upon the sworn testimony of the several witnesses, as well as the documents submitted into the record for his consideration and evaluation, the Mayor's Agent finds that the partial occupation of the former H Street, S.W., right of way is necessary in order to assure the proposed project's economic feasibility. 

 

       20.  Patrick Burkhart of Shalom Baranes Associates was recognized by the Mayor's Agent as an expert in architecture and design. Mr. Burkhart testified that the programmatic requirements of the Corcoran's development covenant with the District, i.e., 80,000 square feet of arts space and 340,000 square feet of residential space, cannot be accommodated within the existing buildings on the site. He further noted that given the height limitation requested by the Office of Planning and the setback from the former First Street, S.W., right of way, the partial occupation of the former H Street, S.W., right of way is essential to the project's financial success. Further, he discussed the many changes the Applicants have made to the design of the proposed building based upon suggestions from the Historic Preservation Office, the Office of Planning, and the HPRB. 

 

       21.  Konrad Schlater, Special Assistant in the Office of the Deputy Mayor for Economic Development, testified in support of the proposed project on behalf of. After discussing the requirements of the development covenant for the subject property, he expressed the District's view that the Randall School redevelopment is a project of special merit and that the proposed demolition is necessary for that project to proceed. 

 

Discussion

 

Before any permit to demolish a historic landmark or a contributing building in a historic district is issued, the Mayor or his designated agent must find that issuance of the permit is necessary in the public interest or that failure to issue the permit will result in unreasonable economic hardship to the owner. See the Code § 6-1104(e). The term "necessary in the public interest" means that the application is consistent with the stated purposes of the Act or that the proposed demolition is necessary to construct a project of "special merit." See the Code § 6-1102(10). The term "special merit" is defined as "a plan or building having 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 services." See the Code § 6-1102(11).

 

       In determining whether the demolition of a historic structure is necessary to construct a project of special merit, the Mayor's Agent must address two distinct issues. First, the Mayor's Agent must balance the special merit of the proposed project against the historic value of the building to be removed, and must find that the proposed project will provide public benefits sufficient to offset the District's stated policy of protecting, enhancing, and perpetuating the use of properties with historical, cultural, and aesthetic merit. See Committee of 100 on the Federal City v. D.C. Department of Consumer and Regulatory Affairs, 571 A.2d 195, 200 (D.C. 1990).  Second, the Mayor's Agent must also find that the demolition of the historic structure is indeed necessary to allow the proposed project to proceed. An applicant for a permit to demolish a building protected under the Act must demonstrate that it has considered all reasonable alternatives to demolition. See Kalorama Heights Ltd. Partnership v. D.C. Department of Consumer and Regulatory Affairs, 655 A.2d 865, 870 (D.C. 1995). Although the Mayor's Agent must consider cost, delay, and technical feasibility in determining whether a particular demolition is reasonably necessary, an applicant is not entitled to a demolition permit simply because it is the least expensive alternative. See Don't Tear It Down, Inc. v. D.C. Department of Housing and Community Development, 428 A.2d 369, 379-80 (D.C. 1981). 

 

The evidence in this administrative record strongly demonstrates that the proposed project is one of special merit and will provide a number of social and other benefits having a high priority for community services. First, the provision of 100,000 square feet of new arts and arts-education uses will provide an important cultural benefit to the residents of the Near Southwest community and the District as a whole. As described in detail by the Applicants' expert witnesses, the Corcoran's outreach and continuing education programs will provide arts programming for District residents of all ages and income levels. The new facility will include a new gallery for student and faculty art work, as well as approximately 2,600 square feet of display space for independent artists. The Corcoran will also allow the community to use portions of the school building for meetings and other events when not in use by the school. The Corcoran has met with principals from area schools and with representatives from Southeastern University and the Arena Stage to discuss potential partnerships that will benefit the surrounding community. The project will have a catalytic effect on the surrounding neighborhood. 

 

       Second, the proposed project will provide substantial new affordable and market-rate housing in an area that has been targeted for new residential development by the D.C. Office of Planning. The residential addition to the Randall School will include approximately 450 new residential units, amounting to more than 420,000 square feet of new housing. Moreover, pursuant to the requirements of the development covenant for the property, the Applicants intend to set aside twenty percent (20%) of these units for individuals and families earning less than eighty percent (80%) of AMI, far in excess of that required under the current zoning regulations. This new housing represents a significant benefit to the surrounding community and to the District as a whole. 

 

Third, the scope of the preservation program contemplated by the proposed project represents a significant public benefit to the District. The Applicants intend to retain the most historically significant portions of the Randall School building and will undertake a comprehensive program of protection and rehabilitation to allow the building's reuse as an educational institution. The sensitive treatment of the historically significant portions of the Randall School complex, and the integration of the new residential addition into the historic fabric of the existing structures, is precisely the type of adaptive reuse of historic structures that is encouraged by the city. The planned preservation work, which will retain, enhance, and restore a historic landmark for adaptive reuse, is consistent with the purposes of the Act and will provide a significant public benefit to the city.

 

Fourth and finally, the proposed project will further a number of the objectives and policies set forth in the District's recently adopted Comprehensive Plan. As this Mayor's Agent has previously held, consistency with the Comprehensive Plan may provide the basis for a project's special merit. See In the Matter of Calvary Baptist Church, HPA No. 00-601 (April 20, 2001).  Specifically, the project is consistent with several specific components of the Comprehensive Plan, including the goals of the Arts and Culture Element, the Housing Element, the Historic Preservation Element, the Urban Design Element, the Economic Development Element, the Community Services and Facilities Element, and the Lower Anacostia Waterfront / Near Southeast Area Element. The Application's consistency with these elements provides further support for the Applicants' claim of special merit. 

 

It is likewise clear that the proposed project can move forward only if the rear additions to the Randall School are removed. These outdated buildings have less historical value than the portions of the Randall School being preserved and cannot be adaptively reused in a manner consistent with the Corcoran's obligations under the development covenant with the District. That covenant requires the provision of no less than 80,000 square feet of arts education and arts-related uses and at least 340,000 square feet of affordable and market-rate housing. As indicated in the testimony of the Applicants' expert witnesses, these uses cannot be accommodated within the structure of the existing additions to the Randall School building. The Mayor's Agent agrees with the Applicants that the demolition of the rear additions to the Randall School is necessary in the public interest to allow a project of special merit. 

 

Although the Mayor's Agent is sympathetic to the concerns raised by ANC Commissioner McBee and ANC Commission 6D, and pursuant to the Code § 1-309.10(d) gave “great weight” consideration to the position and recommendations of the ANC against the granting of these applications, the Mayor’s Agent is of the opinion that neither McBee’s testimony nor the position of ANC 6D is relevant to the issue of whether the requested demolition permit is necessary in the public interest in order to construct a project of special merit, or components of the matter at hand. On the contrary, the evidence in the record strongly demonstrates that the partial occupation of the former H Street, S.W., right of way is essential to the feasibility of the proposed project. Still, despite the Mayor’s Agent issuing this order allowing the partial demolition of the Randall School, nothing in this Mayor’s Agent’s order should be interpreted as a prohibition against the ANC’s continuing dialog with the Applicants relevant to the massing of the proposed structure.

 

CONCLUSIONS OF LAW

 

Based on the foregoing Findings of Fact, the Mayor's Agent now makes the following Conclusions of Law: 

 

       1.    No permit to demolish a historic landmark or a contributing building within a historic district may be issued "unless the Mayor finds that issuance of the permit is necessary in the public interest, or that failure to issue a permit will result in an unreasonable economic hardship to the owner." See the Code § 6-1104(e). The term "necessary in the public interest" means consistent with the purposes of the Act or necessary to construct a project of special merit. See the Code § 6-1102(10). The Mayor's Agent concludes that the Applicants have met their burden and established that the partial demolition permit is necessary to construct a project of special merit and is, therefore, necessary in the public interest. 

 

       2.    The term "special merit" is defined as "a plan or building having significant benefits to the District of Columbia or the community by virtue of exemplary architecture, specific features of land planning, or social or other benefits having a high priority for community services." See the Code § 6-1102(11).

 

       3.    The proposed project will provide significant social, cultural, and economic benefits that have a high priority for the Near Southwest community and the District of Columbia as a whole. There is also substantial evidence in the record that the proposed project cannot move forward unless the rear additions to the Randall School are removed. The requested demolition is therefore necessary in the public interest. 

 

       4.    Because this application has been granted on the basis that it is necessary in the public interest in order to construct a project of special merit, it is not necessary for the Mayor's Agent to address the separate issue of whether the partial demolition is consistent with the purposes of the Act.

 

ORDER

 

Accordingly, it is this 18th day of September 2007,

 

       ORDERED that the application for partial demolition of the former Randall Junior High School be, and the same is hereby, GRANTED; and it is

      

FURTHER ORDERED that, pursuant to the Code § 6-1104(h), the demolition permit shall not be issued unless a permit for new construction is issued simultaneously under the Code § 6-1107, and the Applicant demonstrates the ability to complete the project; and it is

 

       FURTHER ORDERED that, pursuant to the Code § 6-1112(a) (2001) and 10A DCMR § 2523.4, this Order shall take effect fifteen (15) days from the date of service as evidenced by the attached Certificate of Service pursuant to 10A DCMR § 2523.5(c).

 

 

 

___________________________________

ROHULAMIN QUANDER, Senior Administrative Judge, and

Mayor's Agent for Historic Preservation

 

 

CERTIFICATE OF SERVICE

 

I HEREBY CERTIFY that a true copy of the foregoing Decision and Order was served this 18th day of September 2007 by mailing a copy of the same via either D.C. Government Electronic Mail or via First Class U.S. Mail, postage prepaid, or both, to the following:

 

 

Norman M. Glasgow, Jr., Esq.

Mary Carolyn Brown, Esq.

HOLLAND & KNIGHT llp

2099 Pennsylvania Avenue, N.W.

Suite 100

Washington, DC 20006

carolyn.brown@hklaw.com

Counsel for MR Randall Capital, LLC

Richard B. Nettler, Esq.

Kinley R. Dumas, Esq.

Arent Fox LLP

1050 Connecticut Avenue, N.W.

Washington, DC 20036-5339

nettler.richard@arentfox.com

Counsel for the Corcoran Gallery of Art

 

David Maloney

Deputy Program Manager

Historic Preservation Office

D.C. Office of Planning

david.maloney@dc.gov

 

Tersh Boasberg, Chair

Historic Preservation Review Board

tershboasberg@aol.com

 

 

Janette Anderson

Associate Director for Technical Services

Georgetown University Law Center Library

anderjan@law.georgetown.edu

 

 

Roger Moffatt, Chair

ANC 6D

office@anc6d.org

 

 

 

                                                                                       ______________________________

                                                                                              Certifying Officer

 

 

 

 

 

 

 

 

 

 

 



[1] Mr. Nettler has since moved to the law firm of Arent Fox LLP. 

 

[2] The original home of the Randall School was located across First Street, S.W. on the east side of Square 590.  In 1927, the Cardozo Elementary School moved to the facility in Square 590 and the Randall Elementary School moved to its current location and became the Randall Junior High School. 

[3] Both statements and testimony are in the record to the effect that when the Comprehensive Plan committee evaluated the current application of the L’Enfant Plan to the District, those areas where the public space right of way was found or observed to be currently encumbered by an existing building or construction closure into the public space, such as the previously approved construction incursion into H Street, it was determined that the L’Enfant Plan did not cover those encumbered spaces.