Section 10-C403. NOTIFICATION OF THE INTENT TO SCHEDULE A PUBLIC HEARING

 

403.1Upon receipt of a recommendation from the Review Board or CFA, unless the applicant withdraws the application, the Mayor's Agent shall notify the applicant of the requirement to hold a public hearing if any of the following is involved:

 

(a)Demolition of a building or structure that contributes to a historic landmark or historic district;

 

(b)Subdivision of a historic landmark; or

 

(c)A claim of unreasonable economic hardship or special merit.

 

403.2Upon receipt of a recommendation from the Review Board or CFA, the Mayor's Agent shall notify the applicant of the intent to hold a public hearing, if deemed appropriate for any other reason.

 

403.3The notice shall inform the applicant of any applicable fees for the hearing as provided in Chapter 33.

 

403.4When the application is for demolition, alteration, or subdivision, the notice shall require the applicant to submit a written response within ten (10) days of receipt, stating one or more of the following as the applicant's claim:

 

(a)That the issuance of the permit or admission of the subdivision to record is necessary in the public interest because it is consistent with the purposes of the Act as set forth in D.C. Official Code § 6-1101(b).

 

(b)That the issuance of the permit or admission of the subdivision to record is necessary in the public interest because it is necessary to construct a project of special merit; or

 

(c)That denial of the permit or failure to admit the subdivision to record will result in unreasonable economic hardship to the owner.

 

source

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