Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

December 11, 2007

 

 

Commissioners Present: Julie Olson, Chair; Mary Wright, Vice-Chair; Will Hill, Kirsten Oldenburg, David Garrison, Ken Jarboe, Carol Green, Michael Patterson, and Executive Director, Bert Randolph. Commissioner Glick arrived after the start of the meeting.

 

Commissioners Absent: Francis Campbell

 

Chairperson Julie Olson chaired the meeting and the Commissioners introduced themselves.

 

There was a quorum for conducting business.

 

Adoption of Agenda

 

Commissioner Jarboe stated that he wanted to add three items to the agenda.  The first was a resolution regarding the upcoming National Marathon Race.  The second is a Singles Resolution and the third item is budget items.  Commissioner Hill made the motion to adopt the agenda as amended.

 

The Chair asked all in favor to raise their hands.  The vote was unanimous to adopt the agenda as amended.

 

Appointment of New Commissioner

 

The Chair announced that there was a resolution that the Commission needed to vote on regarding the new Commissioner.  The Chair read the following resolution:

 

WHEREAS, the office of Advisory Neighborhood Commissioner for Single Member District 6B-04 was certified vacant, and the Board of Elections submitted a list of qualified candidates to Advisory Neighborhood Commissioner 6B following the period of petition circulation and challenge pursuant to D.C. Code 1-309.06 (d); and

 

WHEREAS, only the name of Kirsten Oldenburg was certified as a qualified candidate by the Board of Election; and

 

WHEREAS, pursuant to D.C. Code 1-309.06 (d), if there is only one person qualified to fill the vacancy within the affected single-member district, the area Advisory Neighborhood Commissioners shall appoint the qualified person to the vacancy at its next regularly scheduled meeting;

 

THEREFORE, BE IT RESOLVED, that Advisory Neighborhood Commission 6B, requests that the Board of Elections and Ethics declare the vacancy filled by Kirsten Oldenburg by publication in the District of Columbia Register.

 

BE IT FURTHER RESOLVED, that copies of this resolution be forwarded to the District of Columbia Board of Election and Ethics, the Mayor, the Secretary of the Council of the District of Columbia, and Kristen Oldenburg.

 

Commissioner Jarboe made the motion that the resolution be adopted as read.  The motion was seconded by Commissioner Hill.

 

The Chair asked all in favor of the motion to raise their hands.  The motion was approved unanimously (7-0).

 

The Chair welcomed Kirsten Oldenburg as the new Commissioner for SMD 6B04.

 

Community Speakout

 

Will Cobb, who previously was a member of 6B, and now resides in 6A at 1319 Carolina Avenue, N.E., announced that the Neighbors United has received it 501c(3) status.  He then stated that he was proud to introduce their new Executive Director, Mr. Jerry May, who comes from the Maryland State Soccer Association where he had a distinguished and successful career.

 

Mr. May rose and briefly introduced himself to the Commissioners and community and stated that he was looking forward to working with the community to assist in accomplishing the objectives of the community.  Neighbors United is currently looking for space to start it operations.  Mr. May provided his contact information: 202.441.2755; email exdirneighborsunited@comcast.net and their website is www.neighborsuniteddc.org

 

Community and Commission Announcements

 

There were none.

 

National Marathon Race Resolution

 

Commissioner Jarboe stated that the last time the National Marathon Race appeared before the Commission seeking support for its race the Commission voted to table the resolution due to serious concerns regarding the potential for disruption in neighborhood traffic based upon the proposed race route.  The Commission recommended to the race officials that they seriously consider making changes in the route that would reduce or eliminate their concerns.  Subsequent to that meeting the race officials met with ANC 6A to present their race route.  After a tremendous amount of discussion and work they were able to reach a compromise on route, to which both MPD and the Mayor’s EMA Taskforce has given tentative support.  Commissioner Jarboe thanked ANC 6A Commissioner Nick Alberti for his outstanding working in helping to revise the race route.  Commissioner Jarboe then stated that the revised route involves reversing the direction of the route and by doing this it would reduce the period of disruption from 6 hrs to 3 and a half hours.  Under the revised proposal, the key streets impacted would close at  7 am and open at 10:30 am.

 

After some brief discussing between the Commissioners, Commissioner Jarboe made to motion to support the revised race route.  The motion was seconded by Commissioner Garrison.

 

The Chair asked all in favor of supporting the motion to raise their hands.  The vote was unanimous (8-0).

 

Planning and Zoning Committee

 

The Chair stated that Commissioner Campbell who is the Chair of the Planning and Zoning Committee would not be able to attend tonight’s meeting.  Additionally, since Commissioner Russell, who was the prior Vice Chair of the Committee, is no longer on the Commission and no one has been appointed to replace her, she asked for someone to read the P&Z Committee Report.  Commissioner Garrison stated that he would do so.

 

HPA #07-294, 11 5th Street SE – Concept/conservatory-style side yard addition

 

The owners Steven and Desiree Sayle were represented by Architect, Andre Houston.  This is a single-family 3-story dwelling with an existing 2nd story bay window and a basement kitchen.  The owners propose to remove the existing bay window and build a conservatory/kitchen addition and to change the existing basement into a rental unit.  This will require the partial removal of the existing wall to be replaced by an egress into the conservatory.  In the rear they propose to remove an old stud wall and windows on the second floor, existing rail and stairs and post on the first floor, do a partial excavation of the basement to bring the floor level throughout, and relocate the basement kitchen to the first floor conservatory.  The outside wall of the conservatory will be brick and the new rear will reflect a new uniform appearance with similar styled window and door trim.  The existing rear third story stairway to a previous roof deck will be removed.

 

The adjacent neighbors have been notified of the owner’s plans and are in support of the project.  The owners will provide the ANC with written letters of support attesting to this. Pending the submission of those documents the Committee has no reservation recommending this project for approval to the full ANC.

 

Commissioner Garrison stated for the record that 11-5th Street SE backs up on his own house at 8 4th Street and thus he and his wife are the Sayle’s immediate neighbors to the west.  Commissioner Garrison asked the Ms. Sayle and Mr. Houston if there was any new information regarding their application.  The response was there was none.  Commission Garrison then asked the applicants to discuss the comments from the CHRS report regarding their concern over the filling in of the side yard and their opposition to this because CHRS would prefer they made the addition in the rear of the structure.  The other concern expressed was that CHRS did not think the conservatory fits into the historic character of the neighborhood.

 

Ms. Sayles and Mr. Houston discussed the CHRS concerns and explained that they are in discussions with Nancy Metzger at CHRS to answer her Committee’s questions.

 

Commissioner Garrison responded that he was satisfied with their explanation and that he wanted to commend them for their efforts in working with the neighbors, including his wife and himself, to answer their concerns and incorporate their suggestions into their plans.

 

The Chair stated that this comes before the Commission in the form of a recommendation from the Committee needing no motion or second.  The Chair then asked all in favor of supporting the recommendation to raise their hands.  The vote was unanimous (8-0).

 

HPA # 08-XXX, 612 E. Street, SE – Rear addition

 

The Chair stated that case had been removed from the agenda per the applicant’s request.

 

HPA # 08-062, 403 East Capitol ST. SE – Elevator addition

 

Presenting were David Marventano, Manager and Mark Baughman, Architect.  The proposal is for an elevator addition to the rear of the existing building to allow handicap access to the 2nd and 3rd floor unit.  This will be a self-contained unit with noise suppression built-in.  The building of the unit will create an enclosed courtyard and will require the rebuilding of the exterior stairway to the second floor.   Sightline pictures submitted with the submission shows only a minimal exposure from 4th St.   The Committee has no reservations in recommending this proposal to the full ANC for support.

 

Commissioner Garrison noted for the record that 403 East Capitol Street,SE abuts his home at 8 4th Street SE and thus he and his wife are the applicant’s neighbors to the south. 

 

The Chair asked if there was any new information pertaining to the case.  Mr. Baughman stated that they had slightly modified the dimensions of the elevator area.

 

The Chair stated that this comes before the Commission in the form of a recommendation from the Committee needing no motion or second.  The Chair then asked all in favor of supporting the recommendation to raise their hands.  The vote was unanimous (8-0).

 

HPA # 08-088, 214 10th St. SE – Rear Addition

 

The presenters were Tony Rankine, Construction manager and Keith Preddie, Engineer. The proposal is for a 14 foot by 12 foot rear two-story addition.  The owners have an interior demolition permit and need to secure an exterior demolition permit.   The first floor will have a kitchen added and the second floor will add a bedroom.  The interior plans show a basement closet, new interior walls for a washroom, and sliding glass doors toward the rear of the home.  On the second floor, there will be a new walk-in closet with sliding glass doors, new closet with bi-fold doors in bedroom #2, new closet and doors adjacent to exiting bathroom with glass sliding doors and relocation of existing steel stairs and platform to the proposed new addition.  Pending letters of support from adjacent neighbors the Committee has no reservations in recommending this project for approval to the full ANC.

 

The Chair asked if there was any new information pertaining to this case.  The applicant responded that there was not.  However, they did provide the Commission with copies of letters of support for their case.

 

The Chair stated that this comes before the Commission in the form of a recommendation from the Committee needing no motion or second.  The Chair then asked all in favor of supporting the recommendation to raise their hands.  The vote was unanimous (8-0).

 

The Chair stated that she has had prior working relations with the applicants of the next cases in process of her business and would be recusing herself from the decision and decision-making process.  The Chair then turned the meeting over the Vice Chair, Commissioner Wright.

 

 HPA # 08-077, 906 G. Street SE – Roof addition

 

The owners Heather and Leon Kafele were represented by Architect, Jennifer Fowler who submitted plans for a third floor addition, with letters of support from adjacent neighbors, along with front, side, rear and alley views.  The third floor addition will include a master bathroom, master bedroom, 2 closets and a linen closet and roof top deck.  This addition will be set back 13 feet 3 5/8 inches from the front of the house.  On the roof of the new addition the owners also propose a partial “green roof”.  The existing brick chimney will be extended above the new roof line.  The existing lot occupancy is 68.3% and the new addition will not change the lot occupancy.   The height of the existing structure is 29.8 ft and with the new addition will be 30 feet, which is allowed in an R-4 zone where this home is located.  Extensive photos, drawings and letters of support are included in the submissions. The Committee has no reservations in recommending this project for approval to the full ANC.

 

BZA # 17705, 906 G. Street SE  Special exception to allow 3rd floor addition and roof deck on existing one-family row dwelling not meeting lot occupancy and nonconforming structure requirements.

 

The owners, Heather and Leon Kafele, were represented by Architect Jennifer Fowler who submitted plans for a third floor addition, letters of support from adjacent neighbors, and with front, side, rear and alley views. 

 

There are duplicate plans for the proposed addition included in this submission. Also included were multiple views of the property with rationale and justifications for the special exception citing the applicable District of Columbia codes for approving a special exception, a burden of proof application, a copy of the BZA application and, in the application, comments addressing issues of air, light and privacy of adjacent and possibly affected neighbors. Owing to the substance and completeness of the submissions the Committee has no reservations in recommending this project for approval to the full ANC.

 

The Vice Chair asked if there was any new information pertaining to the case.  Ms. Fowler stated that the only correction was that the height of the new addition would be 30 feet instead of the 40 feet.

 

Commissioner Jarboe stated that he wanted to follow up on some earlier comments from the CHRS about the differences in the design and materials that will be used on the project.  Commissioner Jarboe continued by saying that he assumed that they were working through that with them.  Commissioner Jarboe then added that this addition is not visible from the street and normally the ANC does not care what it looks like if nobody can see it, so that is not a concern the Commission has raised regarding this case.  The other question was the question of air and light and as he understands it the applicant has letters of support form the effected neighbors.  Ms. Fowler responded that he was correct.

 

The Vice Chair stated that this comes before the Commission in the form of a recommendation from the Committee needing no motion or second.  The Vice Chair then asked all in favor of supporting both recommendations to raise their hands.  The vote was 7-0-1.

 

Commissioner Glick joins the meeting at this time.

 

Singles Resolution

 

The Chair recognized Commissioner Glick to offer a resolution on restricting the sale of singles.

 

Commissioner Glick stated that his resolution was being offered in light of the fact that the DC General Campus is now housing an extra 100 to 144 homeless individuals.  Commissioner Glick stated that his question to the city was why the ANC could not get an emergency ban on singles sales while they have the hypothermia shelter open until March 30, 2008.  Commissioner Glick stated that he had been informed by a former member of ABRA that this idea was possible.  Additionally, he had been told by other people that this would require him to go through a lot of hoops to get this accomplished.  Commissioner Glick then read his resolution:

 

Whereas, the sale of singles is recognized as a public nuisance in different parts of Capitol Hill and all over the District of Columbia;

 

Whereas, a single is defined as a single bottle of beer of any size, or a bottle of malt liquor or fortified wine that is less than 750 ml;

 

Whereas, the sale of singles contributes to crimes against property and person, as well as provides fodder for chronic alcoholics;

 

Whereas, the sale of singles contributes to public drinking, drunkenness, and driving under the influence;

 

Whereas, the sale of singles can contribute to automobile break-ins with people looking for loose change to purchase a single bottle or can of beer or fortified wine;

 

Whereas, ANC 6B has voted on at least two times to ban the sale of singles within the boundary of ANC 6B’s;

 

Whereas, the Hill East Waterfront/Reservation 13 is housing upwards of 420 homeless people and families, and this number has been quietly increasing over the past several years;

 

Whereas, the City Government has not informed the residents of the immediate neighborhood of Hill East Waterfront/Reservation 13 that there has been an increase and influx of homeless individuals in the neighborhood;

 

Whereas, Hill East Waterfront/Reservation 13 is now housing a major 100-144 bed facility to protect the homeless against hypothermia through March 31, 2008;

 

Whereas, due to the influx of a transient population, residents have noticed that people are going from Hill East Waterfront/Reservation 13 up through the neighborhood during the days to the local liquor stores;

 

Therefore, ANC 6B calls on the City Council and Mayor to take immediate action to pass emergency legislation for a temporary ban on the sale of singles in ANC 6B through March 31, 2008 and/or until all the homeless tenants of Hill East Waterfront/Reservation 13 are equally spread out to all Wards of the city.

 

Commissioner Glick stated that his reasoning for the resolution seeking emergency action is because he is concerned that by going through the long regular process to prohibit the sales of singles the winter will be over and the shelter at the DC General Campus will be closed for the season.   He wants some action now to get a temporary emergency ban.

 

The Chair asked if Commissioner Glick thought the emergency legislation would get through the process before the hypothermia center would close.   Commissioner Glick responded that he did not know.

 

Several Commissioners expressed concern that the proposed resolution appeared to equate the arrival of a particular homeless population in the neighborhood with an increase in problems of public intoxication, an allegation that was not accompanied by any specific data in support of the premise.  Additionally, the passing if the emergency legislation could pose a hardship on other areas of the city not affected by the shelter.

 

Commissioner Patterson made the motion that the consideration of the resolution be tabled until further investigation and statistics can be developed to quantify the problem.  The motion was seconded by Commissioner Hill.

 

The Chair asked all in favor of the motion to raise their hands.  The vote was unanimous (9-0).

 

ABC Committee

 

The Chair turned the meeting over to Commissioner Mary Wright the Chair of the ABC Committee for the report.

 

License Renewals

 

·        Marty's Restaurant, Inc., 527-529 8th Street, SE, Lic. # 60672 -

·        Jordan's, 523 8th Street, SE, Lic. # 76290 -

·        Tapatinis, 711 8th Street, SE, Lic. # 70448 –

·        Tune Inn Restaurant, 331 Pennsylvania Ave., SE, Lic. # 559

·        Hawk N Dove, 329 Pennsylvania Avenue, S.E., Lic. # 964 -

·        Folger Theatre Group, 201 East Capitol St., SE, Lic. # 1792

·        Cosi Breakfast, Lunch and Catering, 301 Pennsylvania Avenue, SE, Lic. # 70960

 

There was no representation for the above establishments; therefore, the ANC takes no position on their renewals.

 

·        The Capitol Lounge, 229 Pennsylvania Ave., SE, Lic. # 23601 -

·        Pour House, 319 Pennsylvania Ave, SE, Lic. # 25897 – No V.A.

·        18th Amendment, 613 Pennsylvania Ave., SE, Lic. # 72633 -

·        Trusty's Bar, 1420 Pennsylvania Ave, SE, Lic. # 71352 -

·        Bachelor's Mill/Back Door Pub, 1104 8th Street, SE, Lic. # 11277 -

·        Remington's, 639 Pennsylvania Ave., SE, Lic. # 9238 -

·        Li'l Pub, 655 Pennsylvania Ave., SE, Lic. # 1875 -

·        Phase I, 525 8th Street, SE, Lic. # 1200 -

·        The Old Siam, LLC, 406 8th Street, SE, Lic. # 72023

 

The above establishments are honoring their respective cooperative agreements and remain in good standing with the community.  Additionally, Pour House executed a Cooperative (Voluntary) Agreement at the meeting.  The Committee recommends support of their license renewals. 

 

The Chair asked if there was any new information regarding the cases.  There was none.

 

The Chair stated that this comes before the Commission in the form of a recommendation from the Committee needing no motion or second.  The Chair then asked all in favor of supporting the recommendation to raise their hands.  The vote was unanimous (9-0).

 

Stipulated license

 

Café 8, 424 8th Street, SE, is requesting a stipulated CR license.  The stipulated license would allow the establishment to open on Monday and Tuesday.  Additionally, Café 8 executed a Cooperative (Voluntary) Agreement at the meeting.  The Committee voted to support the stipulated license.

 

The Chair asked if there was any new information on the case.  There was none.

 

The Chair stated that this comes before the Commission in the form of a recommendation from the Committee needing no motion or second.  The Chair then asked all in favor of supporting the recommendation to raise their hands.  The vote was (8-1).

 

New License

 

Good Stuff Eatery, 303 Pennsylvania Avenue, SE, Lic. # 78027 – D Restaurant License – The applicant is applying for a new license and is moving forward in the early stages of construction.  In addition to burger, fries, and shakes, the applicant plans to serve beer and wine.  The applicant executed a Cooperative (Voluntary) Agreement at the meeting. The Committee voted to support the new license.

 

The Chair asked if there was any new information on the case.  There was none.

 

The Chair stated that this comes before the Commission in the form of a recommendation from the Committee needing no motion or second.  The Chair then asked all in favor of supporting the recommendation to raise their hands.  The vote was unanimous (9-0).

 

Commissioner Jarboe inquired about Cosi, Breakfast, Lunch and Catering, not being on the original agenda and was it the Commission’s decision to include them in the take no action status?  Commissioner Jarboe stated that he wanted clarification on this establishment’s status because in the past the Commission had issues with them not posting their placards are required by ABC, not that there were any problems with the establishment.  They have since put them up as required.  The Chair responded that he was correct.

 

Eastern Market Committee

 

Commissioner Jarboe presented the following report:

 

EMCAC has become very concerned that OPM is not following the legislation requiring consultation and review of decisions concerning the Market.  Specifically, EMCAC cites the failure to make the construction RFP available to EMCAC in a timely fashion.  EMCAC has noted a number of serious deficiencies in the construction RFP.  Of specific interest to the ANC is the fact that the RFP does not contain any provisions requiring coordination of the construction with the 7th Street Streetscape.  The ANC has raised the issue of the need for coordination informally before – and therefore should be concerned by the lack of mention in the RFP.  Apparently, the RFP is more generic in nature and does not reflect the specific situation and unique characteristics of Eastern Market.  EMCAC has asked OPM to correct the RFP.

 

Because of the concern over these issues, EMCAC has sent a letter to the Mayor and the City Council requesting that the Council conduct an oversight hearing.

 

Commissioner Jarboe made the motion that the ANC send a letter to OPM requesting that the RFP specifically contain provisions requiring the coordination with 7th Street Streetscape project.  The motion was seconded by Commissioner Olson.

 

The Chair asked all in favor of the motion to raise their hands.  The vote was unanimous (9-0).

 

OPM and the Market Manager are looking into the possibility of offering space under the shed for vendors during the week.

 

OPM is entering into a contract with the Project for Public Spaces (PPS) on the RFP for a unified market manager and issue of managing the market.  PPS will be conducting interviews with stakeholders and will hold a community forum in January.  Given the short window of time, Commissioner Jarboe was exploring ways that Commissioners can talk with the PPS consultants – possibly by arranging a telephone conference call.

 

OPM also announced that they are hiring Matt Hussman to serve as the OPM point person on Eastern Market.  Matt is very familiar with the market and was one of the earlier respondents to the market manager proposal.  It is Commissioner Jarboe’s understanding that this will be Matt’s fulltime job.  Matt was previously the Public Space Manager for the Downtown BID.

 

OPM will have a mock up of the proposed windows for the market.  The mock up will be on east side of the North Hall.  There continues to be some confusion about the type of glass to be used and the amount of light that will be blocked by the glass.

 

There is also some confusion as to the lighting on the north plaza.  It is unclear whether general street lighting will be installed along with the special event lighting.  The ANC and EMCAC has asked for general street lighting so that the plaza is appropriately lighted at night for security reasons without having to use the much higher intensity special purpose lights all the time. 

 

Commissioner Jarboe recommended that the ANC send a letter to OPM reiterating our request for general purpose lighting on the north plaza. 

 

EMCAC convened a parking taskforce meeting with the 8th Street neighbors on December 4 concerning the possibility of opening the C Street alley on weekends, which he had objected to until the neighbors could have their say on the issue.  EMCAC did have a meeting with the neighbors and Commissioner Wright represented the Commission at the meeting.

 

Commissioner Jarboe asked Commissioner Wright to make a brief report on the key issues discussed at the meeting.

 

Commissioner Wright stated that the taskforce discussed several issues and they are still in discussions regarding the opening up of the alley at C Street.  The taskforce had wanted to make their recommendations to DDOT, but they did not attend the meeting as planned.  The neighbors expressed their concerns regarding safety if the alley was opened for traffic.   They expressed that they did not want 2-way traffic in the alleyway because of pedestrians walking in the area.  However, they were more receptive of opening the street to one-way traffic with a well defined pedestrian walkway.  They are not sure in which direction the traffic should flow, but they would leave that up to DDOT to decide.  Commissioner Wright concluded by stating that new signage has been installed on 7th Street allowing parking for 15 minutes on C Street and 2 hours on Saturday and Sundays.  There was some discussion regarding a grace period of one week to allow parkers to be notified of the parking restriction changes.

 

Budget Items

 

Commissioner Jarboe stated that the Commission had sent a check to DOES for unemployment to and it was sent in a week late.  It was due July 31, 2007 and it was written on August 8th.  It turns out that DOES has an automatic $100.00 penalty if you are late in filing the report and will not wave it and to compound the situation that then add interest.  Therefore, Commissioner Jarboe asked the Commission for authorization to pay the fine of $101.15.  Commissioner Jarboe then made the motion that the Commission pay the DOES fine.  The motion was seconded by Commissioner Wright.

 

The Chair asked all in favor of motion to raise their hands.  The vote was unanimous (9-0).

 

Commissioner Jarboe stated that in the last few years the Commission has provided a bonus for the excellent staff in the form of a year-end Christmas Bonus in the amount of $500.00.  Commissioner Jarboe then made the motion that the Commission give a $500.00 year-end bonus to Bert Randolph, the Executive Director.  The motion was seconded by Commissioner Garrison.

 

The Chair asked all in favor of the motion to raise their hands.  The vote was unanimous (9-0).  

 

Approval of Commission Minutes

 

Commissioner Garrison stated that the minutes had been reviewed and are ready for approval.  Commissioner Garrison made the motion that the minutes be approved.  The motion was seconded by Commissioner Wright.

 

The Chair asked all in favor of the motion to raise their hands.  The vote was unanimous (9-0).

 

Adjournment

 

There was not further business and Commissioner Hill made the motion that the meeting be adjourned until its next year’s meeting date of January 8, 2008.  The motion was seconded Commissioner Wright, and the vote was 9 to 0.

 

Meeting Adjourned.

 

Prepared by Bert Randolph

 

Attested: