Preservation
Third Church: Decide another day
Acting as the Mayor's Agent in deciding whether to allow Third Chuch to raze their Brutalist building, Office of Planning Director Harriet Tregoning granted a request by the DC Preservation League to "continue" the hearing in a month. The Preservation League just received Third Church's financial information on Friday, and argued that they hadn't had sufficient time to prepare a rebuttal or find expert witnesses. The financial hardship of maintaining the current church is one of Third Church's main arguments. After conferring privately with the attorneys, Tregoning announced she had reached a "reluctant agreement" to resume on November 25th, two days before Thanksgiving.

Harriet Tregoning and HPRB Chairman Tersh Boasberg at a January 2008 DCCA meeting. Photo by David Alpert.
GGW will be out of town then, and is disappointed that Harriet Tregoning afterward expressed her wish not to broadcast the hearing, as the Zoning Commission, Board of Zoning Adjustment, and HPRB now do along with the DC Council. DC has many public hearings, and there's no reason that "public" ought to be restricted to only those citizens with time to actually travel to a hearing; everyone interested in seeing our government at work should have the opportunity to do so.
Tregoning's Office of Planning does a great job of making policy, and unlike some agencies (such as DDOT), its decisionmaking follows a clear process with ample chance for public participation. It's too bad she doesn't wish to expand public accessibility to this hearing. Tregoning did point out to me the technical obstacles of broadcasting, since the rooms at 801 North Capitol are not equipped for the job, but if they can't use the Zoning and HPRB hearing room at 441 4th Street, a portable setup, even to record and then post after the fact, isn't such a technical hurdle in the modern day.
At this morning's session, Tregoning also heard and ruled on other motions. Without justification or comment, she denied DCPL's motion that she recuse herself because of a conflict of interest. As Richard Layman covered last night, they argued that since the Office of the Deputy Mayor for Planning and Economic Development, of which she is part, already weighed in against landmarking, an impartial judge rather than a political appointee ought to hear the case. Typically, an administrative law judge, not Tregoning, presides even though Tregoning is the official Mayor's Agent. Tregoning denied this motion, saying that the final written opinion would explain her reasons.
DCPL's attorney, Tom Papson, also moved to dismiss the church's "special merit" claim. A landmark can be demolished to construct a project of special merit, but the church has never shown any plans for what they wish to construct. The church said that they won't be presenting a special merit argument and withdrew this portion of their application. DCPL had also moved to dismiss the religious liberty claim by the church, who argue that "being forced to maintain a place of worship" that doesn't fit with their beliefs violates federal RFRA and RLUIPA statutes. Papson argued that, just as HPRB decided it doesn't have the authority to decide a constitutional quesiton, neither does the Mayor's Agent. The Church's attorney, Keyes, countered that in a previous case about the Frasier Mansion, the Mayor's Agent determined federal religious freedom didn't apply to the placement of a cross. Therefore, said Keyes, it's proper for the Mayor's Agent to consider religious liberty. Tregoning decided to allow the applicant to provide testimony and "make a record" on the subject before she decides whether to dismiss that claim.
The hearing had its share of procedural quibbling, common to legal proceedings. Third Church's attorney moved to deny party status to DCPL and the Committee of 100 because they hadn't filed the proper letters designating their attorneys (Tregoning denied the motion). Papson asked for more documents about the church's financial agreements with developer ICG Properties, to whom they sold the land (Tregoning agreed to ask for specific documents, but resisted turning the request into a "fishing expedition").
The hearing on the 25th will last as long as it takes to hear the case. That'll probably be quite a while, since the church expects to need 90 minutes to present their case and interview their witnesses, DCPL and the Committee of 100 estimated that they need two hours, and those times don't include cross-examination or rebuttals. Plus, public agencies, affected ANCs (in this case, that's Dupont's ANC 2B), and members of the public are all allowed to comment as well. It'll be a long night, but not for me; I'll interview interested people from the church, the preservation commmunity, and the ANC to bring you the latest news on this fascinating, educational, and quite intricate saga.
Comments
- Long-term closures: A solution to single-tracking?
- Metro policy for refunds after delays falls short, riders say
- Judge denies injunction against closing schools
- Bikeshare is a gateway to private biking, not competition
- M Street cycle track keeps improving, draws church anger
- Cyclists are special and do have their own rules
- O'Malley announces first projects using new gas tax money






by tom veil on Oct 28, 2008 2:01 pm • link • report
www.dcpreservation.org/thirdchurch.html
... read what the congregation themselves had to say about it ... before a developer showed up at their doorstep with $$$$$.
by Lance on Oct 28, 2008 3:11 pm • link • report
You do know the Mother Church is next to another building by Pei & Partners, right?
by The King of Spain on Oct 28, 2008 3:42 pm • link • report
I know its not, but "magnificent structure"? Leaving aside the totally legitimate 1st amendment case they have, its a dead corner and an ugly building of which we have many many other brutalist examples downtown that also dont work (MLK Library, FBI HQ, etc) and should be gone. There is so much they can do there other than have windswept trash filled concrete that looks straight out of the Green Zone.
by Think a little on Oct 28, 2008 4:00 pm • link • report
The $$$$ in this case was more valid for the actual people & the organization involved than their appreciation of the architecture. The validity of their self-interest does not fade when a developer enters the equation, nor is it set in stone when their webmaster puts up a page.
by Squalish on Oct 28, 2008 4:17 pm • link • report
think -
a) it's no more dead than most downtown streetcorners.
b) "ugly" is in the eye of the beholder. i, for one, think it's a stunning building.
c) does "many many" = 2? and if those two (MLK library, FBI HQ) should also be torn down, doesn't that pretty much leave the city without any brutalist buildings?
by jenny on Oct 28, 2008 4:35 pm • link • report
by Cavan on Oct 28, 2008 4:46 pm • link • report
by Lance on Oct 28, 2008 5:00 pm • link • report
by David Alpert on Oct 28, 2008 5:01 pm • link • report
Frankly, if this building got landmarked it had to meet the criteria for such landmarking. One can argue they don't like the style, or that they feel that owners have a greater right than the rights which landmark designation gives to the surrounding community, or any of a number of things ... But to argue about the eligibility for landmarking when the experts have already landmarked the building is kinda non-sensical ... to be frank.
by Lance on Oct 28, 2008 5:15 pm • link • report
For real though. Anyone truly interested should visit inside the church. It's one of the most quiet, contemplative, spiritual places in the city. It's awe-inspiring. There's more to architecture than a keyboard, flickr photos, google maps and Marc Fisher.
by White Collar Groupie on Oct 28, 2008 5:25 pm • link • report
by MAR13 on Oct 28, 2008 5:53 pm • link • report
In my definition, which is both wildly expressive and made of concrete, there are still a number of buildings. For example, L'Enfant Plaza, there is the Forrestal Building, which in spite of obvious problems has some amazing moments, the Hubert Humphrey Building, by Breuer, as well as many residential structures in Southwest. Let's not forget Metro stations, or UDC, which also has lots of flaws, or the Slayton House designed by Pei that's on Ordway Street.
On the other hand, there is the really wretched Department of Labor, some GWU buildings and a lot of dreary Bureaucy Box architecture elsewhere including a lot of prewar structures.
The best concrete building, I think, in terms of humanity and urbanism, is the Office of Thrift Supervision building across 18th street from the OEOB. It's more Kahn than Breuer, though.
by The King of Spain on Oct 28, 2008 6:30 pm • link • report
No one will ever miss this thing
by SG on Oct 28, 2008 9:43 pm • link • report
If the Cathedral people want to tear down their building its their right-provided they own the land and the structure. If DC wants to prevent it DC needs to come up with the $$$ (as Squalish says). Its one thing if you have a group that bought into a historic building knowing it had the designation to force them to keep it. Its another entirely if they built it before it had the designation, it creates an uncompensated government taking and as the lovely 5th amendment says "nor shall private property be taken for public use, without just compensation." DC wants to declare it historical, fine pay the church the decline in value inflicted on the property.
by Think a little on Oct 28, 2008 11:20 pm • link • report
For those who want "Historical preservation" to take the role of "Architectural conservation" - would it be any less historic if the DC Preservation League constructed a replica (made of raw poured concrete) in another location and used all the detailing from the old structure before it was fully demolished?
by Squalish on Oct 29, 2008 10:01 am • link • report
Logic based on the concept that the owner's desire trumps all other interests gets shaky fast when it comes to church architecture. Who is the church? The motherchurch, the pastor, the church council, the congregants?
by White Collar Groupie on Oct 29, 2008 11:17 am • link • report
I like the way the 3rd church looks from the outside. However when I read about the functional problems of heating it, it's leaking roof, the impractical lighting, even the skylight that interfers with the organists' sight when s/he's trying to perform a church function - it became clear to me this building is a failure as a building. All of these problems contribute to it's failure and further to it's failure in expressing Brutalism. Brutalism is supposed to express, among other things, some pragmatic approach to construction. The functioning problems are examples of a failure to embrace pragmatic approaches to fulfilling the needs of the building. Any building is first and foremost a structure with a function, regardless of it's form. The 3rd church fails functionally, both generally and in its "brutulistism'. I like how it looks, sculpturally. That's not enough. It must perform its functions as well, and it doesn't. These problems would make it a failure in any architectural style. They seem like extra-failures in a style that's supposed to embrace pragmatism.
by Bianchi on Oct 29, 2008 12:16 pm • link • report
I say again, the public's been thrown a red herring by the developer's PR folks. Landmark designation does not prevent the church from making any and all changes necessary to correct any and all of these problems. Landmark designation of the church only covers the exterior of the church ... AND even that is not sacrosant. From what I've heard the preservation folks have even said making changes such as adding windows to the exterior is okay. The church folks aren't looking to excercise any of the many rights they hold to make changes to the church because they simply want to tear it down to sell the land. Period.
And SG, sorry but 'no' ... it IS historic. It has been landmarked as such. Something doesn't need to be 200 yrs old to be historic. This church building was so innovative and visionary that it was recognized as historic within a year or two of completion. Something's gotta be old to be historic? Then why do I keep hearing this presidential election is "historic"? ... and it hasn't even occured yet.
by Lance on Oct 29, 2008 2:49 pm • link • report
by Mark on Oct 29, 2008 6:10 pm • link • report
The HBRP's absurd contention that they "don't have the authority" to interpret RFRA or RLUIPA is a blinkered cop-out. They don't have the authority to strike down the District's laws in the name of the Constitution, (which a federal court does, and will). They are obliged though, to make a good faith effort to understand and obey relevant federal laws concerning religious land uses and free exercise. That they chose to ignore the relevant statues and case law proves they really didn't care what the law said, they were intent on forcing the owners of this church to keep the present building whether they had the authority or not. Obviously, they were betting that the congregation wouldn't sue to undo the landmarking and they were wrong. Here's hoping that Tregoning will do the right thing and reverse their decision.
Oh, and the present building is an ugly octagonal pill-box. Ironically, the actual fortifications inside the District (eg. Fort Reno) manage to have better aesthetic appeal.
by Steve on Oct 29, 2008 11:57 pm • link • report
In some countries, for example France, they long ago nationalized community religious places such as their churches in the belief that they are so compelling and worthy of a government interest, that the government, as the steward for the people of the nation, should hold ultimate responsibility for the upkeep, maintenance, and preservation of these national treasures. The churches and other religious groups rent back this space for their own purposes. I'm not proposing we do the same, I'm just mentioning this to prove how silly the notion that the general public wouldn't have a compelling interest in preserving its national treasures is.
by Lance on Oct 30, 2008 9:22 am • link • report
There are a couple of issues with your comment, first you confuse the standard of review that would be applied. For a private home the standard would be ordinary scrutiny, which requires only a "legitimate" government interest. For a church, the standard would be strict scrutiny which requires a "compelling" government interest. Further, I think you're mistaken about what constitutes compelling government interest. National security or preventing a breach of the peace are usually cited as compelling interests. I fail to see how "historic preservation" even comes close.
Your reference to nationalization in France was interesting as it's precisely the kind of government intrusion into religion that both religion clauses (establishment and free exercise) were intended to prevent.
by Steve on Oct 30, 2008 11:23 am • link • report
by Bianchi on Oct 30, 2008 11:35 am • link • report
Please explain why in your view, our homes, which are private buildings, should be more open to government regulation via zoning and historic preservation laws than our churches ... which are by definition public buildings? Do not stores, offices, and other public buildings not have a greater responsibility toward the public as evidenced by stricter rules regarding ADA compliance, fire codes, etc?
by Lance on Oct 30, 2008 12:53 pm • link • report
If I can't afford to make the changes I want to may house, I have two choices: (1) not make the changes or (2) sell it and buy something that better suits my needs and my budget.
by Lance on Oct 30, 2008 12:58 pm • link • report
by Bianchi on Oct 30, 2008 1:16 pm • link • report
by Lance on Oct 30, 2008 1:44 pm • link • report
by Bianchi on Oct 30, 2008 2:30 pm • link • report
The reason why regulatory schemes, as they apply to houses of worship, are subject to much greater scrutiny by courts is that free exercise of religion is expressly protected by the Bill of Rights. None of the other situations you mention is related to a fundamental right. While "laws of general applicability" generally do apply to churches, under RFRA they are subject to strict, rather than ordinary scrutiny. Thus to survive review regulations must be narrowly tailored to protect a compelling government interest and be the least restrictive means to achieve that interest. If this case were actually tried, DC would have a lot of hurdles to jump and I doubt they could.
by Steve on Oct 30, 2008 2:56 pm • link • report
Assuming for a second that the courts agreed with your viewpoint, then what would be the result in regards to all the other places of worship ... including places like the National Cathedral? They'd all be in a position of being razed simply because the current stewards of the property had some wads of cash flashed at them. That's why what you're hoping for won't happen. It can't. The public wouldn't stand for it. It's just bad public policy. Laws are always subject to interpretation.
by Lance on Oct 30, 2008 3:30 pm • link • report
That's precisely the problem, there are many fine churches that do deserve historical protection. Suing the District to remove the landmark status isn't necessarily easy or cheap. The bother of suing serves as a deterrent to a congregation with a landmarked building from making frivolous changes. (By contrast, a commercial or residential property owner who wants to modify a landmarked building simply can't if HBRP won't allow it.) Once a precedent is established though, that churches or synagogues can't be covered by landmark status, then congregations could have a green light to make any change they want, however ill-advised (building vast parking lots, for instance). HBRP could have chosen to let the ugliest church in DC be demolished to protect all the rest, but might lose on this one (as it probably would) and by extension lose them all. Like I said, I hope Tregoning will stop it from getting that far.
by Steve on Oct 30, 2008 4:07 pm • link • report
If we only wanted to protect those structures where "most people" in the 'here and now' thought they were worthy of being preserved, we wouldn't need preservation laws. The opinons of the "majority" would ensure that in one way or another the structure didn't meet the wrecking ball. But, historic preservation laws exist to safeguard precisely against that "mob mentality", in the same way the laws of a democracy aren't to ensure the "rule of the majority" but instead to "protect the rights of the individual ... in light of the self-centered interests and power of the majority."
by Lance on Oct 30, 2008 4:55 pm • link • report
I like my street the way it is, and whether it's the fashion of the moment or not, there is a subjective judgment there. I like it. So do most other people in Dupont. The majority supports keeping the Victorian townhouses as Victorian townhouses, and HP laws are the very way we do that.
by David Alpert on Oct 30, 2008 5:02 pm • link • report
by Lance on Oct 30, 2008 6:22 pm • link • report
by Lance on Oct 30, 2008 7:01 pm • link • report
I would not consider the Third Church to be beautiful, but under the legal guidelines, I would fathom that is is worthy of designation.
by Andrew on Oct 30, 2008 7:49 pm • link • report
I don't want to attack your particular tastes but these "experts" of yours seem no more competent to me than 18th century physicians who were deeply versed in a long, respected intellectual tradition that unfortunately happened to be complete rubbish. The church in question was the product of these "experts", it has been the object of praise by a coterie of the same and, beyond a small ideologically-defined elite, it remains deeply unpopular.
These experts have spent their entire careers nursing the blinkered notion that they would be compromised as artists if they produced a building which did not shock, irritate, annoy or otherwise "challenge" the tastes of the bourgeoisie. The problem is hardly that the public at large is unable to grasp the vision of these "experts" it's that they refuse to acknowledge the principles that underlie popular tastes.
As an aside, if your stylistic preferences actually did come into fashion outside of architecture schools, can you imagine what soulless wastelands our cities would be, full of buildings like the Third Church of Christ Scientist? Oh wait, have you ever been to Southwest DC...?
by Steve on Oct 30, 2008 9:47 pm • link • report
Dr. Margaret Feldman spearheaded a number of major projects celebrating and giving focus to near Southwest Washington, DC. She had the visionary insight to understand and appreciate the “mid-century” architecture that was built under the Redevelopment Land Agency (RLA) and the potential impact this new development would have on other “mid-century” structures and developments in our SW community. She has done this through civic actions of the Southwest Neighborhood Assembly utilizing education, research, and community action to achieve these ends. That these accomplishments were done after an illustrious academic career at Ithaca College and service with her professional organization, National Council on Family Relations (NCFR), that one person, a senior, with passion and vision can serve and make a difference in their community.
So, I think it's becoming clear that you are confusing your personal tastes with "good taste". Your following sentence says it all:
"The problem is hardly that the public at large is unable to grasp the vision of these "experts" it's that they refuse to acknowledge the principles that underlie popular tastes."
McDonald's, Hardee's, etc. They all have the full support of "popular tastes". Does that make them "good" restaurants? Hardly. Actually, one would be hardpressed to even call them restaurants. A place to munch? Maybe. A place to get "restored" in the original sense of the word? No.
by Lance on Oct 30, 2008 10:28 pm • link • report
I was going to wait till tomorrow morning to respond, but I couldn't help notice something: I referred to Notre Dame, St Paul's Cathedral and St Peter's Basilica as illustrative of popular tastes. You mentioned McDonald's and Hardee's, so which is which? Is Notre Dame a Royale with cheese?
by Steve on Oct 31, 2008 1:26 am • link • report
In open letters, advocates for DCPL and Committee of 100 argue that Harriet Tregoning should recuse herself because her appointment, while completely within the Mayor's authority, "breaks with tradition". They do not mention the established tradition of not landmarking structures less that 50 years old or whose owners object (in fact, the National Park Service will not even consider a structure less than 50 years old for designation.
They also allege that Tregoning's appointment is a conflict of interest because she "works for the Mayor" (not surprising in a Mayor's agent, really). They neglect to point out that Tersh Boasberg, HPRB Chairman, was until very, very recently, a member of the Board of the Committee of 100.
Few people actually understand what this designation process does to the property owner. The property cannot be sold while a designation is pending because prospective buyers do not know what they can do with the building. The record shows that this landmark application was kept pending for 17 years (meaning, by the way, that DCPL sought to landmark it when it was about 30 years old). The landmark comes to be used as leverage with the owner as some not so pretty horsetrading takes place.
In the end, if a building is a public good, if you accept that thus building imparts public benefit, then there is a mechanism to secure that benefit for the public: eminent domain. The reason eminent domain is not used is that the public will not stand for such a use of funds or such aggressive state action. As a result, they impose the public cost on the private owner - in this case a downtown congregation that wishes to stay downtown - to achieve THEIR goals on the cheap. In the case of the Church, the local ANC UNANIMOUSLY opposed landmarking - the people who live there. Who are DCPL and C100 serving?
by Darik Elwan on Oct 31, 2008 6:21 am • link • report
by Lance on Oct 31, 2008 6:32 am • link • report
by Bianchi on Oct 31, 2008 10:37 am • link • report
The consideration of the Landmark Application was delayed between 1991 and 2008 at the request of the church - not due to bureaucratic incompetency.
www.dcpreservation.org/thirdchurch.html
by Lance on Oct 31, 2008 11:35 am • link • report
by Brutalist on Oct 31, 2008 8:45 pm • link • report
by William on Oct 31, 2008 9:53 pm • link • report
Add a Comment