Dupont Circle Citizens Ass'n v. DC Bd. of Zoning & St. Thomas' Episcopal Parish
Dupont Circle Citizens Ass'n v. DC Bd. of Zoning & St. Thomas' Episcopal Parish
Opinion
St. Thomas' Episcopal Parish, a church in Dupont Circle, sought an area variance in order to build a combination church and residential building, and the Board of Zoning Adjustment granted that variance. Two neighborhood associations-collectively, the petitioners here-challenge the Board's order, arguing that the Parish has not met the requirements for an area variance. We vacate the Board's order and remand for further proceedings.
*140 I.
On September 1, 2015, the Parish submitted an application to the Board of Zoning Adjustment requesting an area variance in order to construct a building exceeding the lot occupancy requirement. The site is located in a Special Purpose District where the zoning regulations at the time provided that a building devoted to residential use could not occupy more than 80% of the lot. 11 DCMR § 532.1 (2015). 1
The Parish has occupied its current site on Church Street, N.W., where it intends to build the proposed project, for more than 120 years. In 1970, the main church building was destroyed by fire. Since then the church has operated out of the only remaining structure on the property, the Parish Hall, while maintaining a private park open to the public where the main church once stood. The project the Parish proposes to build is an addition to the Parish Hall which, though one building for zoning purposes, would comprise two distinct elements: a new church and a multifamily residential building. The four-story church element, located on the western side of the property, would include a sanctuary, classrooms, meeting space, and a large lobby that would also function as a "ruins gallery" displaying the remains of the original church. The residential element, located on the eastern side of the property, would incorporate the Parish Hall and contain approximately fifty-six units in seven stories. An underground parking garage would serve the whole property.
The project as proposed would comply with all applicable zoning regulations except that the first four floors would exceed the maximum lot occupancy of 80%. The first floor of the entire project would occupy 86.7% of the lot, although required setbacks would decrease lot occupancy on the higher floors. Because the Parish Hall is a contributing building to the Dupont Circle Historic District, it cannot be altered without permission from the Mayor or her agent. The project would remove a small part of the rear of the Parish Hall-an undertaking the Historic Preservation Review Board has approved. The remaining portion of the Parish Hall already occupies 19.2% of the lot.
The Board held an evidentiary hearing at which the petitioners, who had been granted party status, participated. After announcing its decision to grant the variance, the Board issued a written decision concluding that "the contributing nature of the Parish Hall" was an exceptional condition that would create a practical difficulty in complying with the existing lot occupancy regulations. The Board further concluded that this practical difficulty warranted variance relief, and that the requested relief would not be substantially detrimental to the public good or the integrity of the zone plan. 2
The petitioners timely petitioned for review of the grant of the area variance, and the Parish and its developer, J. River *141 Church Street, intervened to defend the Board's decision. 3
II.
The Board of Zoning Adjustment may grant an area variance if it finds that "(1) there is an extraordinary or exceptional condition affecting the property; (2) practical difficulties will occur if the zoning regulations are strictly enforced; and (3) the requested relief can be granted without substantial detriment to the public good and without substantially impairing the intent, purpose, and integrity of the zone plan."
Ait-Ghezala v. District of Columbia Bd. of Zoning Adjustment
,
In reviewing the Board's decision, we must consider whether its findings "are sufficiently detailed and comprehensive to permit meaningful judicial review of its decision."
Draude v. District of Columbia Bd. of Zoning Adjustment
,
"The extraordinary or exceptional conditions affecting a property can arise from a confluence of factors; however, the critical requirement is that the extraordinary or exceptional condition must affect a single property."
Metropole Condo. Ass'n v. District of Columbia Bd. of Zoning Adjustment
,
The Board found an exceptional condition based primarily on the presence of the Parish Hall, a contributing building to the historic district, and secondarily on the Parish's 120-year history at the location and its need for "new and expanded facilities to accomplish its mission." We address these two factors separately.
The Board determined that "the contributing nature of the Parish Hall would in and of itself represent an exceptional condition." It based this conclusion on our opinion in
United Unions, Inc. v. District of Columbia Board of Zoning Adjustment
,
The presence of a contributing structure is not sufficient to constitute an exceptional condition. While "the landmark status of a single building is legally predicated on the unique attributes of that building,"
The Parish acknowledges that the Board's view of the equivalence of contributing structure and exceptional condition was "overly simplistic," but it defends the Board's finding of exceptional condition on another ground. The Parish argues that, when a nonprofit or public service organization is the applicant, we have applied a more flexible standard in finding exceptional conditions and recognized the applicant's need for a particular site as an exceptional condition regarding that site. As this standard is not codified in the statute governing variances,
see
The first case in which we explicitly recognized the relevance of a variance petitioner's status as a public service organization was
Monaco v. District of Columbia Board of Zoning Adjustment
,
We refined this doctrine in
Draude v. District of Columbia Board of Zoning Adjustment
,
The petitioners, although not disputing that the public service organization doctrine exists, argue that the Parish does not qualify because it is merely "a private organization dedicated to particular religious beliefs and practices." We have approved the application of the doctrine to the RNC in
Monaco
, to a hospital in
Draude I
and
Draude II
, and to a nonprofit social service center in
National Black Child Development Institute, Inc. v. District of Columbia Board of Zoning Adjustment
,
In this case, however, the Board did not explicitly find that the Parish was a public service organization or that it had made the showings required by
Draude I
in order to receive the additional flexibility owed to such organizations. The bare and unexplained sentence in the Board's decision stating that "the church has a 120-year history at the present location and requires new and expanded facilities to accomplish its mission" is not sufficient to show "(1) that the specific design it wants to build constitutes an institutional necessity, not merely the most desired of various options, and (2) precisely how the needed design features require the specific variance sought."
Draude I
,
*144 When addressing these questions, the Board should consider that the variance seems to have been requested because of the applicant's desire to erect both a church and a residential building on this lot, which formerly was occupied only by the church.
III.
Concluding that the Parish cannot demonstrate an exceptional condition affecting its property through the mere presence of a structure that contributes to a historic district, we vacate the Board's decision and remand for consideration of whether the Parish is entitled to additional flexibility as a public service organization and whether the requested variance may be justified under that doctrine.
So ordered.
In September 2016, a new set of zoning regulations took effect in the District of Columbia.
See
Ait-Ghezala v. District of Columbia Bd. of Zoning Adjustment
,
The Board is required to give "great weight" to the recommendations of both the Office of Planning (OP) and the Advisory Neighborhood Commission (ANC) in the affected area.
The developer was not a party to the proceedings below and therefore cannot intervene as of right, see D.C. Ct. App. R. 15(d), but the petitioners do not object to the developer's joint participation with the Parish.
In
Draude II
, we held that the hospital had met this standard and that "the existence and purpose" of the neighboring medical building was a permissible factor in finding an exceptional condition.
The Parish's brief on appeal asserts, with no support in the Board's findings of fact, that "the Parish Hall is no longer an adequate facility" because "[i]t has become too small for the church's needs and would require a significant and costly modernization and expansion for any continued use," that the Parish needs "a new and larger facility for it to continue its services," and that it does not have the money to rebuild in the expensive Dupont Circle neighborhood without adding the residential development. These alleged facts, if found by the Board and supported by the record, would go some distance toward satisfying the requirements laid out in Draude I .
Reference
- Full Case Name
- DUPONT CIRCLE CITIZENS ASSOCIATION, Et Al., Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, and St. Thomas' Episcopal Parish, Et Al., Intervenors.
- Cited By
- 2 cases
- Status
- Published