Gondelman v. District of Columbia Department of Consumer and Regulatory Affairs

Larry and Pauline Gondelman (plaintiffs) filed a petition to dispute denial of their application for alterations to their property by the Mayor’s Agent for Historic Preservation for the District of Columbia (Mayor’s Agent) (defendant). The Gondelmans applied for a permit to construct a garage and driveway at their personal residence in a historically designated neighborhood known as the Kalorama Triangle. The construction would require cutting into the existing curb as well as excavation and paving of about half of the landscaped berm in front of the Gondelmans’ home. The Historic Preservation Review Board (HPRB) recommended denial of the application on grounds that the proposed alterations were not compatible with the character of the home or the surrounding neighborhood. Two public hearings were conducted, at which the Gondelmans, an architect, and an architectural historian who participated in the process of having the Kalorama Triangle added to the National Register testified on behalf of the Gondelmans. A representative of local historic preservation organizations testified against the alterations on the grounds that loss of a section of the berm would destroy visual continuity and approval of the alteration would set an undesired precedent. The Mayor’s Agent denied the Gondelmans’ application and noted in his findings of fact that local legislation and planning existed to prevent construction of driveways and parking structures at the cost of reduced landscaping, that approval would kick off additional petitions from residents to install driveways, and that the Gondelmans voluntarily chose to live in a historic district and thus should not now complain that their home cannot be retrofitted for modern car-centered life. The Gondelmans appealed the Mayor’s Agent’s decision.