D.C. Mun. Regs. tit. 10, r. 10-C407

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 10-C407 - SUPPLEMENTAL PRE-HEARING FILINGS

407.1

In all cases, the applicant shall file the following information with the Mayor's Agent at least twenty (20) days before the public hearing:

(a) A written statement setting forth the grounds upon which the applicant bases the claim of consistency, special merit, or economic hardship;

(b) Architectural drawings of sufficient completeness to indicate the proposed exterior design of the building, structure, or alteration within its historic context;

(c) Photographs sufficient to document the historic features or properties affected by the proposed work;

(d) A list of witnesses who are prepared to testify on behalf of the applicant; and

(e) Any additional information, reports, or other materials that the Mayor's Agent specified when scheduling the public hearing.

407.2

When the applicant intends to make a claim of unreasonable economic hardship, the applicant shall file the following information, by affidavit, with the Mayor's Agent at least twenty (20) days before the hearing:

(a) The amount paid for the property; the date of purchase, and the name of the seller, including a statement of the relationship, if any, between the owner and the seller;

(b) The assessed value of the land and improvements on the land according to the two most recent assessments;

(c) The amount of real estate taxes for the previous two years;

(d) The amount of annual debt service, if any, for the previous two years;

(e) All appraisals obtained within the previous two years by the owner or applicant in connection with his or her purchase, financing, or ownership of the property;

(f) Any listing of the property for sale or rent, the price asked, and offers received, if any;

(g) Any consideration by the owner as to profitable adaptive uses for the property;

(h) For income-producing property, the amount of annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and annual cash flow for the previous two years; and

(i) For a low-income owner, a statement of present household income and the number of persons in the household.

407.3

The Mayor's Agent may require that an applicant furnish additional information that may be relevant to a determination of unreasonable economic hardship. The Mayor's Agent may provide in appropriate instances that this additional information be furnished under seal.

407.4

When the applicant seeks a bench decision, the applicant is encouraged to submit proposed findings of fact and conclusions of law to the Mayor's Agent at least twenty (20) days before the hearing.

407.5

If any required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with the affidavit a statement of the missing information and the reasons it cannot be obtained.

407.6

Unless furnished under seal, the staff shall make the applicant's supplemental filing information available for public inspection.

D.C. Mun. Regs. tit. 10, r. 10-C407

Notice of Final Rulemaking published at 51 DCR 7447 (July 30, 2004)