Before the District of Columbia Board of Zoning Adjustment

BEFORE THE DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT

Application of Calvin Coolidge Presidential Foundation 3425 Prospect Street, NW (Square 1221, Lot 96)

STATEMENT OF COMPLIANCE WITH BURDEN OF PROOF ______

This statement is submitted on behalf of the Calvin Coolidge Presidential Foundation (“CCPF” or the “Applicant”) in support of an application, pursuant to 11-X DCMR §§ 901.2 and 1000.1, for: (i) special exception approval to permit the use of an existing building by a nonprofit organization (11-U DCMR § 203.1(n)); and (ii) an area variance from the 10,000 square feet of gross floor area requirement for said use (11-U DCMR § 203.1(n)(2)), for property located in the R- 20 District at 3425 Prospect Street, NW (Square 1221, Lot 96) (the “Property”).

Pursuant to 11-Y DCMR § 300.15, the Applicant will file any supplemental materials with the Board of Zoning Adjustment (“BZA” or “Board”) no fewer than 21 days prior to the public hearing for the application. In this statement, and at the public hearing, the Applicant will provide testimony and evidence to meet its burden of proof to obtain the Board's approval of the requested special exception and variance.

I. BACKGROUND

A. Description of the Site and Surrounding Area

The Property consists of Lot 96 in Square 1221 and has a total land area of approximately 5,757 square feet. Square 1221 is located in the Georgetown neighborhood of the District and is bounded by N Street, NW, to the north, 34th Street, NW, to the east, Prospect Street, NW, to the south, and 35th Street, NW, to the west. The Property is located on the southwest corner of Square 1221 and is bounded by a public alley to the north, private property to the east, Prospect Street to the south, and 35th Street to the west.

The Property is located in the northeast quadrant of the intersection of 35th and Prospect Streets, NW. Immediately west of the Property is Square 1222, bounded by Prospect, N, 35th and 36th Streets, which is the easternmost part of the Georgetown University campus and is occupied by residence halls and campus life uses, with an academic/administrative building located at the northeast corner of 36th and Prospect Streets. Directly across 35th Street, NW, from the Property, in Square 1222, stands the 6-story Loyola Xavier Ryder Hall, a residence hall for upperclass students at Georgetown University. The entirety of Square 1222 is owned and occupied by Georgetown University as multiple residence halls (Loyola Xavier Ryder Hall and Nevils Hall) and classroom and administrative office use (Walsh Building).

Board of ZoningBoard Adjustment of Zoning Adjustment District of ColumbiaDistrict of Columbia CASE NO.19778 Case No. 19778 EXHIBIT NO.9 9 Single family residences are located in the southeast and southwest quadrants of 35th and Prospect Streets, respectively. Square 1221 contains a mix of single family residences, mostly in the form of row dwellings, small apartment houses, and an institutional use, the headquarters building of a Georgetown University service fraternity.

Diagonally across the street from the Property, at 3408 Prospect Street, is Halcyon House, also zoned R-20 and currently occupied by a nonprofit organization hosting various arts and social enterprises, per BZA Order No. 18604. Georgetown’s commercially-zoned M Street corridor is located one block to the south.

The Property is improved with a three-story + cellar detached single-family house. According to records of the Department of Consumer and Regulatory Affairs and the Office of Planning, the building was constructed between 1797 and 1798 and is individually listed on the National Register of Historic Places and on the District of Columbia Inventory of Historic Sites (designated alternatively as “Quality Hill”, the “John Thomson Mason House”, or the “Charles Worthington House”). The Property is also considered a contributing building within the Georgetown Historic District. The existing improvements contain approximately 11,189 square feet of total floor area, of which 11,037 square feet is located in the main house and 152 square feet is located in accessory utility rooms. Approximately 2,723 square feet of this finished square footage is located in the cellar and therefore not counted towards “gross floor area” as defined by the Zoning Regulations.

B. Description of the Applicant

The Applicant is the Calvin Coolidge Presidential Foundation, the official foundation dedicated to preserving the legacy and promoting the values of America’s 30th president, who served from 1923 to 1929. In the absence of an official presidential library, the CCPF was formed in 1960 by John Coolidge, the president’s son, along with a group of fellow Coolidge enthusiasts. Headquartered at the president’s birthplace in Plymouth Notch, Vermont, the CCPF seeks to greatly increase Americans’ understanding of President Coolidge and the values he promoted. Such values include the importance of education, fiscal responsibility, restraint, federalism, and especially civility.

The CCPF maintains a lean staff of fewer than five full time employees. The Foundation is led by chairman and CEO, Amity Shlaes, author of the most recent biography of Calvin Coolidge, Coolidge, a New York Times bestseller, and executive director Matthew Denhart.

The CCPF’s signature initiative is the Coolidge Scholars Program. Among the most competitive and generous undergraduate awards in America, “The Coolidge” is a full-ride, four- year, merit scholarship that can be used by recipients at any accredited college or university in the United States. The main criterion that distinguishes Coolidge Scholars is academic excellence. Secondary criteria include demonstrated interest in public policy, appreciation for the values Coolidge championed, humility, and service. Each year thousands of America’s top high school students study President Coolidge and read his Autobiography through the course of applying for the scholarship. Currently, three new Coolidge Scholars are selected annually

2 through a rigorous, multi-round, review process. The top 50 applicants take part in the “Coolidge Senators” program which, in partnership with the White House Historical Association, includes a Summit weekend in Washington, DC.

The CCPF also operates a national high school debate program. The centerpiece of the debate program is the Coolidge Cup National Championship which begins with tournaments held in cities across the country -- from Dallas to Raleigh to New York to Vermont. The winners of these tournaments are invited to compete for the Coolidge Cup on the Fourth of July, Coolidge’s birthday, at the Coolidge Historic Site in Vermont. In all Coolidge debate tournaments, students confront pressing and relevant debate resolutions that relate to economics and public policy. Students learn all sides of policy issues and develop critical thinking and presentation skills necessary to be successful citizens.

In addition to the scholarship and debate programs, the CCPF hosts school groups, conferences, symposia, lectures, and public events throughout the year. Furthermore, the Foundation conducts research and publishes Coolidge literature including a periodical, The Coolidge Quarterly, and a weekly email newsletter. CCPF staff make appearances in the media, compose op-eds about Coolidge, and otherwise represent Calvin Coolidge.

The CCPF is recognized by the Internal Revenue Service as a 501(c)3 nonprofit organization.

C. Applicant’s Proposed Use of the Property

The programs and initiatives described above reflect the vision of CCPF’s Board of Trustees to promote the legacy, values, and lessons of Calvin Coolidge to a national audience. The CCPF now seeks to expand its outreach through a presence in the District of Columbia. Washington is the premier location in the country for presidential history, and current visitors to Washington have few, if any, opportunities to learn about Calvin Coolidge. The CCPF therefore hopes to establish a center in Washington that would (1) accommodate office space for a limited number of staff; (2) host occasional lectures, symposia, workshops, dinner discussions, and small conferences; (3) provide temporary guest room accommodations for program participants, visiting scholars, Foundation trustees and special guests; (4) provide space for a Coolidge exhibit that would be open to the general public with limited hours; (5) host a limited number of fundraising events per year; and (6) serve as a base from which to plan events celebrating the centennial of President Coolidge’s inauguration in 2023. These activities will serve to broaden Americans’ understanding of President Coolidge and encourage tourism to the Presidential birthplace in Plymouth Notch, Vermont.

The Property, also known as Quality Hill, is well-suited to the purposes the CCPF proposes in terms of size and historical uses. Since its construction 220 years ago, the late Georgian style house has had several historically-significant owners, including John Thompson Mason, the nephew of George Mason. George Mason was among the heroes of Calvin Coolidge, who spoke of Mason in the context of Patrick Henry, Thomas Jefferson and George Washington (Address at the College of William and Mary, May 15, 1926). President Coolidge had an enormous respect for America’s Founding Fathers. Among other inhabitants of Quality Hill was

3 Senator Claiborne Pell, who led the establishment of the Pell Grant, the foundation for college financial aid. The CCPF, with its own scholarship, falls neatly into that scholarship tradition. The historic house is also laid out in a fashion well suited to the small foundation. A diagram showing the existing layout of the house and photos of the exterior and interior are included with this application. The lower level features a series of rooms that can serve as the CCPF staff offices. The main/receiving level will permit events for a limited number of attendees (fewer than 100), seminars, and a small Coolidge exhibit. The second and third floors can provide additional offices should the staff level expand, as well as guest rooms for occasional visiting scholars, program participants, Foundation trustees and special guests.

The CCPF does not intend to move all its operations to Washington. Rather, the CCPF plans to maintain its headquarters in Vermont. The CCPF anticipates this property in Washington will increase the visibility of President Coolidge and his legacy and thereby also increase tourism to the President Calvin Coolidge State Historic Site in Plymouth Notch, Vermont. CCPF has been authorized by the current owners to pursue this application for nonprofit use of the Property.1

D. Existing Zoning

The Property is located in the Georgetown Residential House zone known as R-20. The purposes of the Georgetown Residential House zones are to protect the Georgetown National Historic Landmark District and its historic character, protect the integrity of contributing buildings, recognize the compatibility of any development with the purpose of the Old Georgetown Act and the Historic Landmark and Historic District Protection Act of 1978, limit permitted ground coverage of new and expanded buildings, and retain the quiet character of the area and control compatible nonresidential uses. 11-D DCMR § 1200.1. The R-20 District is intended to retain and reinforce the unique mix of housing types including detached, semi- detached, and attached dwellings, and to permit attached row houses on small lots. 11-D DCMR § 1200.3.

As stated above, the Applicant proposes to use the existing building for nonprofit organization use. Pursuant to 11-U DCMR §§ 203.1(n), the R-20 District permits the use of an existing residential building by a nonprofit organization as a special exception subject to the conditions listed in 11-U DCMR §§ 203.1(n). Condition No. 203.1(n)(2) provides that the special exception may be granted if the gross floor area of the building is 10,000 square feet or greater. In this case, the existing improvements on the Property contain a total of approximately 11,189 square feet of finished floor area, but only approximately 8,314 square feet count towards gross floor area, with the remaining square footage considered as cellar space under the Zoning Regulations. Therefore, the Applicant requests special exception approval pursuant to 11-U DCMR §§ 203.1(n), and a variance from 11-U DCMR §§ 203.1(n)(2).

1 The Property is being purchased by a benefactor of the CCPF and will be leased to the CCPF.

4 III. SPECIAL EXCEPTION APPROVAL

A. Approval Requested

The Applicant seeks special exception approval pursuant to 11-U DCMR §§ 203.1(n) and 11-X DCMR § 901.2, to operate a nonprofit organization in the existing residential building in the R-20 District at the Property. B. Burden of Proof

Pursuant to D.C. Official Code §6-641.07(g)(2) and 11-X DCMR § 901.2, the Board is authorized to grant a special exception where it finds the special exception will be in harmony with the general purpose and intent of the Zoning Regulations and Zoning Maps and will not tend to affect adversely the use of neighboring property, subject in each case to the special conditions specified. Approval granted through a special exception is presumed appropriate, reasonable, and compatible with other uses in the same zoning classification, provided the specific regulatory requirements for the requested approval are met. In reviewing an application for special exception approval, “[t]he Board’s discretion… is limited to a determination of whether the exception sought meets the requirements of the regulation.” First Baptist Church of Washington v. District of Columbia Bd. of Zoning Adjustment, 423 A.2d 695, 706 (D.C. 1981) (quoting Stewart v. District of Columbia Bd. of Zoning Adjustment, 305 A.2d 516, 518 (D.C. 1973)). If the applicant meets its burden, the Board must ordinarily grant the application. Id.

C. The Applicant Meets the Test for Special Exception Approval Under 11-U DCMR §§ 203.1(n)

1. 11-U DCMR § 203.1(n)(1) - If the building is listed in the District of Columbia's Inventory of Historic Sites or, if the building is located within a district, site, area, or place listed on the District of Columbia's Inventory of Historic Sites.

The building is listed individually in the District of Columbia’s Inventory of Historic Sites and is also a contributing building to the Georgetown Historic District.

2. 11-U DCMR § 203.1(n)(2) - If the gross floor area of the building in question, not including other buildings on the lot, is ten thousand square feet (10,000 sq. ft.) or greater.

The gross floor area of the existing building is approximately 8,314 square feet square feet and thus does not technically comply with 11-U DCMR § 203.1(n)(2). However, the Property contains approximately 11,189 square feet of total finished floor area, including an approximately 3,500 square foot fully-renovated lower level that is partly out of grade, allowing only about 25 percent of that level to count toward gross floor area under the Zoning Regulations. As set forth below, the Applicant is requesting a variance from this subsection.

3. 11-U DCMR § 203.1(n)(3) - The use of existing residential buildings and land by a nonprofit organization shall not adversely affect the use of the neighboring properties.

The use of the existing residential building by the CCPF will not adversely affect the use of neighboring properties. The Applicant does not propose to make any exterior renovations to the existing improvements. Only a limited number of CCPF staff, initially only two or three, will have offices at the Property. Most staff have no parking needs and will arrive at the Property by public transport or on foot. Most activity will occur during normal operating hours with evening activities limited in numbers, hours, and attendees to ensure that enjoyment of neighboring properties will not be disrupted. At this time, the CCPF anticipates reduced summer activities as staff will spend considerable time in Vermont hosting a series of summer events. Rare larger events would utilize valet service and off-site parking. Events would be scheduled to end at a reasonable hour so as to not disturb neighboring properties. The proposed Coolidge exhibit would be open to the public two to three days per week and limited to within normal operating hours. The CCPF anticipates that most visitors would travel to the Property via prearranged groups, planned in advance, and limited in size.

4. 11-U DCMR § 203.1(n)(4) - The amount and arrangement of parking spaces shall be adequate and located to minimize traffic impact on the adjacent neighborhood.

The Property currently has no off-street parking, and given the location and configuration of the improvements on the Property, it is not possible to include any new off-street parking.2 The Applicant anticipates very minimal vehicular traffic to the site. Staff and visitors will utilize public transportation to access the Property. Parking for visitors to the site during any larger events will be organized through valet operations, pursuant to conditions placed by the Board.

5. 11-U DCMR § 203.1(n)(5) - No goods, chattel, wares, or merchandise shall be commercially created, exchanged, or sold in the residential buildings or on the land by a nonprofit organization, except for the sale of publications, materials, or other items related to the purposes of the nonprofit organization; and.

No goods, chattel, wares, or merchandise will be commercially created, exchanged, or sold at the Property, other than the sale of publications, materials, or other items related to the purposes of CCPF.

6. 11-U DCMR § 203.1(n)(6) - Any additions to the building or any major modifications to the exterior of the building or to the site shall require approval of the Board of Zoning Adjustment after review and recommendation by the Historic Preservation Review Board with comments about any possible detrimental consequences that the proposed addition or modification may have on the architectural or historical significance of the building or site or district in which the building is located;;

2 There is currently a circular driveway servicing the house located in public space adjacent to the Property’s west frontage, along 35th Street, NW. The Applicant anticipates that periodic visitor loading and unloading and valet operations could utilize this existing driveway as needed to minimize any traffic issues along 35th Street, NW.

6 The Applicant does not propose to construct any additions or undertake modifications to the exterior of the building. Discreet signage will be provided in coordination with the Old Georgetown Board and D.C. Historic Preservation office.

E. The Applicant Meets the General Test for Special Exception Approval Under 11-X DCMR § 901.2

In addition to satisfying the specific requirements set forth in 11-U DCMR § 203.1(n), the Applicant must also demonstrate that the requested special exception meets the more general requirements of 11-X DCMR § 901.2. Before granting an application for a special exception, the Board must determine that the requested approval will be in harmony with the general purpose and intent of the Zoning Regulations and Zoning Maps and will not tend to affect adversely the use of neighboring property in accordance with the Zoning Regulations and Zoning Maps." 11- X DCMR § 901.2(a-c). The stated purposes of the Zoning Regulations are set forth in section 6- 641.02 of the D.C. Official Code:

Zoning maps and regulations, and amendments thereto, shall not be inconsistent with the comprehensive plan for the national capital, and zoning regulations shall be designed to lessen congestion in the street, to secure safety from fire, panic, and other dangers, to promote health and the general welfare, to provide adequate light and air, to prevent the undue concentration of population and the overcrowding of land, and to promote such distribution of population and of the uses of land as would tend to create conditions favorable to health, safety, transportation, prosperity, protection of property, civic activity, and recreational, educational, and cultural opportunities, and as would tend to further economy and efficiency in the supply of public services. Such regulations shall be made with reasonable consideration, among other things, of the character of the respective districts and their suitability for the uses provided in the regulations, and with a view to encouraging stability of districts and of land values therein.

D.C. Official Code § 6-641.02 (2001).

In this case, the proposed nonprofit use of the existing building will be in harmony with the purposes described above. The Applicant does not propose to make any exterior renovations to the existing building. Approximately 2-5 staff members and periodic visiting scholars will utilize the facility on a typical day, which will not create any perceptible increase in traffic, noise, or general operations of the Site. Moreover, events such as public visits, conferences, symposia, organizational lunches and dinners will be strictly limited and organized with a goal toward minimizing impacts on the neighboring community. To that end, the Applicant proposes the following general annual schedule of events:

Event Type Participants Maximum No. of Events (Maximum) Coolidge Exhibit – open to Will vary CCPF 2-3 days per week, operating general public anticipates between 10am and 4pm most will come

7 via prearranged groups no larger than 30 people. Scholars in Residence 5 Periodically during the year

Speaker Series Lectures, 1-15 20 Symposia, Conferences, Dinner Discussions 1-50 10 (approx 1 per month) 50-100 10 (approx 1 per month) Fundraisers 200 2

Accordingly, the proposed use is in harmony with the purpose and intent of the Zoning Regulations and the project meets the test for special exception relief under 11-U DCMR § 203.1(n) and 11-X DCMR § 901.2.

IV. VARIANCE RELIEF

A. Relief Requested Pursuant to 11-U DCMR §§ 203.1(n)(2), one criterion required for special exception approval to use an existing building for nonprofit use is that the gross floor area of the building is 10,000 square feet or greater. In the present case, the existing improvements total more than 11,100 square feet of finished floor area, however, not all of that square footage meets the definition of “gross floor area” in the Zoning Regulations given that the finished floor area of the lowest level of the building is partially below grade. Therefore, pursuant to 11-X DCMR § 1000.1, the Applicant requests an area variance from 11-U DCMR §§ 203.1(n)(2).3

B. Burden of Proof Under D.C. Official Code § 6-641.07(g)(3) and 11-X DCMR § 1000.1, the Board is authorized to grant an area variance where it finds that three conditions exist:

1. the property is affected by exceptional size, shape, or topography or other extraordinary or exceptional condition or situation;

2. the owner would encounter practical difficulties if the Zoning Regulations were strictly applied; and

3 The Applicant has confirmed with the District of Columbia Zoning Administrator that variance relief from the 10,000 square feet threshold for nonprofit organization use is appropriately treated as an area variance, as previously held by the Board in Application No. 13419 and affirmed by the District of Columbia Court of Appeals in Monaco v. District of Columbia Bd. Of Zoning Adjustment, 461 A.2d 1049.

8 3. the variance would not cause substantial detriment to the public good and would not substantially impair the intent, purpose, and integrity of the zone plan as embodied in the Zoning Regulations and Map.

See French v. District of Columbia Bd. of Zoning Adjustment, 658 A.2d 1023, 1035 (D.C. 1995) (quoting Roumel v. District of Columbia Bd. of Zoning Adjustment, 417 A.2d 405, 408 (D.C. 1980). See also, Capitol Hill Restoration Society, Inc. v. District of Columbia Bd. of Zoning Adjustment, 534 A.2d 939 (D.C. 1987). As discussed below, and as will be further explained at the public hearing, the Property is affected by a number of exceptional situations or conditions, resulting in a practical difficulty if the 10,000 square feet of gross floor area requirement were to be strictly applied, and the variance would not cause substantial detriment to the public good or to the intent, purpose or integrity of the zone plan.

C. The Applicant Meets the Variance Test Pursuant to 11-X DCMR § 1000.1

1. Exceptional Situation and Condition

The Property is exceptional as a result of a combination of factors, including: (1) its relative size as compared to other residences in its immediate vicinity (both in terms of land area and improvements); (2) its corner location immediately abutting the Georgetown University campus and within one block of M Street’s commercial district; and (3) its improvement with an architecturally-significant designated landmark building, which was constructed in 1797-1798 and is now listed on the National Register of Historic Places and on the D.C. Inventory of Historic Sites. As the Board has previously found in determining the exceptional condition of a property qualifying for variance from the 10,000 square foot threshold for nonprofit organization use, location, lot size, and improvements that are individually landmarked all represent exceptional conditions for purposes of the variance test.4

The Property is an unusually large corner site, with a lot area greater than 5,700 square feet, nearly twice the size of minimum lot standards for a semi-detached lot/corner lot in the R- 20 Zone and much larger than any other lots within Square 1221 or adjacent squares that are currently devoted to single family residential use. The next largest lots in Square 1221 are Lots 84 and 86, located at the southeast corner of the square. Lot 84, with address of 1234 34th Street, NW, measures 3,139 square feet and is improved with a small apartment building. Lot 86, with premises address of 3401 Prospect Street, NW, measures 2,849 square feet of lot area, approximately half the size of the Property, and is occupied with an institutional use, serving as the Alpha chapter of the Delta Phi Epsilon service fraternity at Georgetown University. Immediately west of the Property, across 35th Street, is Lot 62 in Square 1222, which measures more than 70,000 square feet of lot area and is devoted to institutional use, as described below.

The existing building on the Property is also extraordinarily large, measuring more than 11,100 total finished square feet and containing 9 bedrooms, 9 full bathrooms, and 3 half-baths, and numerous other rooms, all originally designed and intended for family living space, which is

4 BZA Order 13419 of Watterston House Associates, which granted an area variance for nonprofit organization use in the former R-4 zone for a historic landmark building with only 5,275 square feet of gross floor area.

9 now exceedingly large by modern standards for a single family residence in the District. The building also contains a very large amount of finished floor area that is not technically able to be counted toward gross floor area given the grade of the Property and the location and age of the building, which effectively prevent the building from being modified to allow the finished space to qualify as gross floor area. As demonstrated in the attached sketches and photographs, the building contains more than 3,500 square feet of finished lower level space; however, only about 25 percent of the ceiling of that level is four feet or more above the adjacent finished grade. See 11-B DCMR § 100.2.5 Because all of the existing lower level cannot be included in the gross floor area measurement, the building is approximately 1,500 square feet shy of the 10,000 square feet minimum requirement for a special exception, despite being over 11,100 square feet in total finished floor area.

The R-20 zone has no FAR limitation, but with a maximum permitted height of three stories, and a maximum permitted lot occupancy of 40 percent, a new building on a flat site in the R-20 zone would be able to yield a maximum density of 1.2 FAR, as a product of 40 percent maximum percentage of lot occupancy x 3 stories. This site measures 5,757 square feet of land area, and contains 8,314 square feet of gross floor area (not counting the full finished lower level and the utility buildings), yielding an effective FAR of 1.45, and a lot occupancy of approximately 50 percent. Such a lot occupancy percentage renders the Property nonconforming under current Zoning Regulations. Thus, with 9 bedrooms, 9 full baths and 3 half-baths, and numerous other rooms for family living, and an effective FAR of 1.45, and with limited open space on site for outdoor on-site recreation use, this architecturally-significant historic landmark property is extremely large for continued single-family dwelling use under today’s standards, and in any event, larger than could otherwise currently be constructed on the site.

The Property is also located adjacent to the eastern edge of the Georgetown University campus and only a half block from the M Street commercial corridor. As noted above, the entirety of Square 1222 to the west of the Property is owned and occupied by Georgetown University as multiple residence halls (Loyola Xavier Ryder Hall and Nevils Hall) and classroom and administrative office use (Walsh Building).

Finally, the Property is not only improved with an exceptionally large single family residence but also one that is architecturally and historical significant, resulting in its designation in both the District’s historic inventory and the National Register of Historic Places. As noted by the District of Columbia Court of Appeals in United Unions vs. D.C. Bd. of Zoning Adjustment, 554 A.2d 313, a property’s identification as a landmark confirms its uniqueness, stating that “while the status of inclusion within a landmark district is a characteristic shared by all buildings within that district, the landmark status of a single building is legally predicated on the unique attributes of that building”, and further, that, “these are special conditions simply not shared by the other buildings in the area, and they justify the BZA's discretionary judgment that the variances were warranted.”

5 Cellar is defined as “[t]hat portion of a story, the ceiling of which is less than four feet (4 ft.) above the adjacent finished grade.” By contrast, “basement” is defined as “[t]hat portion of a story partly below grade, the ceiling of which is four feet (4 ft.) or more above the adjacent finished grade.” See 11-B DCMR § 100.2.

10 As in United Unions, which involved a proposed addition to the Corcoran Museum of Art, the Property is improved with a designated individual landmark building, which creates a “special circumstance” unique to the Property. As noted in its nomination to the National Register, “Quality Hill is one of the finest of the few surviving large, free-standing late Georgian townhouses of Georgetown. It was built around 1797-98 and first occupied by John Thomson Mason. From its first to its present owner [then Senator Claiborne Pell], Quality Hill has been occupied by individuals prominent in local and national affairs.”

All of these conditions affecting the Property combine to create an exceptional condition.

2. Resulting Practical Difficulty

The collection of exceptional situations and conditions described above make it practically difficult for the Applicant to comply with the strict requirements of the 10,000 square foot gross floor area rule.

To meet the standard for practical difficulty, “[g]enerally it must be shown that compliance with the area restriction would be unnecessarily burdensome. The nature and extent of the burden which will warrant an area variance is best left to the facts and circumstances of each particular case." Palmer v. D.C. Bd. of Zoning Adjustment, 287 A. 2d 535, 542 (D.C. 1972). In area variances, such as those requested in this case, applicants are not required to show "undue hardship" but must satisfy only "the lower 'practical difficulty' standards." Tyler v. D.C. Bd. of Zoning Adjustment, 606 A.2d 1362, 1365 (D.C. 1992), citing Gilmartin v. D.C. Bd. of Zoning Adjustment, 579 A.2d 1164, 1170 (D.C. 1990). It is well settled that the BZA may consider "… a wide range of factors in determining whether there is an 'unnecessary burden' or 'practical difficulty'.…” Gilmartin, 579 A.2d at 1171, citing Barbour v. D.C. Bd. of Zoning Adjustment, 358 A. 2d 326, 327 (D.C. 1976). See also, Tyler v. D.C. Bd. of Zoning Adjustment, 606 A.2d 1362, 1367 (D.C. 1992). Thus, to demonstrate practical difficulty, the Applicant must show that strict compliance with the regulations is burdensome, not impossible.

The Applicant requests a variance to locate the nonprofit use in a building that contains more than 11,100 square feet of renovated finished floor area but only approximately 8,500 square feet of that total is considered gross floor area under the Zoning Regulations, whereas 10,000 square feet of gross floor area is required. As stated above, the building was constructed over 200 years ago and is now considered an exceptional architecturally-significant historic resource. Any alteration to the historic building to increase gross floor area to meet the threshold would require approval under the District’s historic preservation law. In addition, because the current improvements already exceed lot occupancy, any such addition, if even structurally feasible, would need to be constructed on the existing footprint; however, given that the maximum height permissible in the R-20 zones is 3 stories and 35 feet, such an addition would very likely require a rooftop renovation and expansion that would significantly alter and compromise the historic architectural character of the landmark.

Alternatively, the Applicant could theoretically excavate around the building’s foundation in order to meet the 10,000 square feet gross floor area requirement, thereby lowering the adjacent grade and converting approximately 1,500 square feet more of the building’s

11 “cellar” into a “basement”.. However, to do so would likewise compromise the setting of the historic landmark and would be extraordinarily costly. Nor would it serve any practical benefit in terms of allowing greater use and access to the lower level space since the lower level already is completely finished and habitable, as shown in the enclosed photographs. Finally, such an exercise would not enhance the adjacent public space in any way.

In light of the zoning and historic preservation limitations upon any significant alteration of the historic building that would increase the gross floor area of the house, unless the Board approves the requested variance to allow the Property to be utilized for use by a nonprofit organization, the owner of the Property is unduly burdened with a landmark building that has not been occupied regularly in years except by a caretaker for the current owner. In fact, the Property has actively been marketed for sale since the summer of 2014, yet before the Property was placed under contract for use by the CCPF there were no expressions of serious interest from prospective buyers for any matter of right use, even when the sales price for the Property was reduced by nearly 40 percent from its original listing price. Indeed, according to the listing agent, to his knowledge the only other offer on the Property was from a prospective buyer who most likely would have used it for foundation purposes.

Therefore, due to the existing building’s historically significant architecture, its existing size and configuration, its location, and the infeasibility of creating more gross floor area by either construction and addition atop, or excavating around the site to convert “cellar” to “basement,” it is practically difficult for the Applicant to comply with the requirements of 11-U DCMR §§ 203.1(n)(2).

3. No Substantial Detriment to the Public Good or Substantial Impairment to the Intent, Purpose, or Integrity of the Zone Plan

The requested relief can be granted without substantial detriment to the public good and without substantial impairment to the intent, purpose, or integrity of the zone plan. The application proposes conversion of a residence that contains more than 11,100 square feet of finished space and that has been marketed unsuccessfully for single family use for nearly 4 years to a very low-intensive nonprofit organization use with no exterior alterations to be undertaken to the landmarked building. The building practically exceeds the 10,000 square feet threshold except for the fact that only a small fraction of the approximately 3,500 square feet of finished lower level space can technically be counted as gross floor area under the Zoning Regulations. Were the building only a couple of feet more out of grade, the building would far exceed the size threshold without any building additions or other changes. Thus, there is no detriment to the public good created as a result of approval of the requested variance.

The Board approved a nonprofit use of a historic landmark of less than 10,000 square feet of gross floor area in Order No. 13419 of Watterston House Associates. In that case, involving the historic Watterston House on Capitol Hill, the Board approved a variance from the 10,000 square foot threshold for a building measuring approximately 5,275 square feet of gross floor area. In that approval, the Board opined that “the 10,000 square feet figure is arbitrary and that what the Zoning Commission had in mind when it adopted Sub-paragraph 3101.414 [predecessor

12 provision to 11-U §203.1(n)] was a structure of such size that it would be unreasonable to consider it for single-family use. By today's standards, 5000 square feet is large.” By comparison, the improvements on the Property measure more than double the size of the Watterston House.

The Watterston House approval by the Board was appealed to the District of Columbia Court of Appeals, which upheld the Board’s ruling, finding that area variance approval was appropriate and reasoning that “if the central purpose of the regulation is to be fulfilled, flexibility as to the size of the eligible residences must be maintained. Rigorous adherence to the 10,000 square foot minimum could defeat the regulatory intent.” Monaco v. DC Board of Zoning Adjustment, 461 A.2d 1049. Moreover, as was established in another appeal from the BZA taken by Lawrence Monaco to the Court of Appeals (involving the Republic National Committee office, Monaco v. DC Board of Zoning Adjustment, 407 A.2d 1091, at 1098, the Court confirmed that the Board is permitted to apply a more flexible standard in reviewing an application for a variance when a nonprofit entity is the applicant.

More recently, in Order No. 15555, the Board found that the 10,000 square foot gross floor area minimum requirement for this special exception is not a hard-and-fast rule. In that case, the Board found that “the 10,000 square-foot figure is arbitrary, and that its purpose was to establish a standard, not an inflexible rule,” when it granted a special exception to allow a nonprofit use in a residential district.

The Property has been vacant for nearly four years except for a caretaker of the Property employed by the current owner, and the grant of this special exception and related variance will allow the Property to be put to a reasonable, productive and appropriate use. Accordingly, the proposed use will not create a substantial detriment to the public good and will not substantially impair the intent, purpose, or integrity of the zone plan. Variances from the strict application of the Zoning Regulations are “designed to provide relief from the strict letter of the regulations, protect zoning legislation from constitutional attack, alleviate an unjust invasion of property rights and prevent usable land from remaining idle.” Palmer v. D.C. Board of Zoning Adjustment, 287 A.2d 535, 541.

For all these reasons, the Applicant requests special exception approval pursuant to 11-U DCMR § 203.1(n) and a grant of variance from the requirement of 11-U DCMR § 203.1(n)(2), all to allow the Property to be placed into productive use by the Calvin Coolidge Presidential Foundation in support of their charitable nonprofit mission to increase awareness and understanding of President Coolidge and his values on the occasion of the centennial of his inauguration.