Minutes of Regular Meeting

Tuesday, December 14, 2010; 7:00 pm

ATTENDANCE

Commissioners Present: Francis Campbell, David Garrison (chairing), Carol Green, Neil Glick, Will Hill, Kenan Jarboe, Norman Metzger, Kirsten Oldenburg, Michael Patterson, and Mary Wright.

Commissioners Absent: none

Also in attendance: ANC6B Staff Assistant, Bert Randolph.

1. Adoption of Agenda

Following the introduction of Commissioners, the Chair announced that one zoning case (#06-34/06-34A) was being removed from the agenda because the case had been withdrawn from the Zoning Commission by the applicants. Commissioner Jarboe asked that the agenda be revised to add a vote to designate Commissioners to appear on behalf of ANC6B before the ABC Board on the 8^th Street Bar & Grill protest case. The revised agenda was adopted by voice vote.

2. Community Speakout

Commissioner Garrison offered the following remarks on ANC6B colleagues departing the Commission at the end of 2010, thanking all of them for their service:

Commissioner Michael Patterson was elected in a special election and then re-elected for a full term in 2008. Although he inherited the issue from his predecessor, Michael carefully considered the proposal for a historic district for the Barney Circle neighborhood, decided it was a wise plan, and then worked hard to support it. Throughout his time on the Commission, he has been a consistent voice in support of the role that small businesses play in our community.

Commissioner Mary Wright was first elected in 2000 and is now completing her 5^th term. Through many years chairing the ABC Committee, Mary has come to know most of the proprietors of the various businesses along the commercial corridors in 6B and has helped the Commission to better understand what it takes to run a successful venture on the Hill.

Commissioner Kenan Jarboe was first elected in 1998 and is now completing 5 terms on the Commission. During this period, he has held several positions on the Commission, including Chair. Ken is far and away our most knowledgeable member as regards the intricacies of DC government programs and processes. His ability to recall how the Commission approached a particular issue years prior is legendary. In ways too many to recount this evening, Ken is the heart and sole of the Commission and we will greatly miss his steady hand and wise counsel. On a personal note, I want to express my gratitude to Ken for his willingness to help me learn the ropes so as to become an effective commissioner during the 4 ½ years I have been on this body. I could not have gotten this far without his patient, insightful counsel.

Commissioner Will Hill is marking the end of 18 years of distinguished service on this Commission. First elected in 1990, his 9 terms on the Commission span an important and dynamic period on the Hill. He has rarely missed a Commission meeting and, throughout, has fought hard to help his constituents and to improve his neighborhood.

Mr. Vernon Mallou suggested that the Commission modify its standard agenda so that important community items, such as Eastern Market and EMMCA, be placed before the ABC and Planning & Zoning cases. Commissioner Garrison thanked Mr. Mallou for his suggestion but explained that ABC cases had been moved up in the agenda this year to accommodate the business owners who needed to get back to their establishments as early as possible.

Mr. Ivan Frishberg, Commissioner-elect, echoed Commissioner Garrison’s thanks for the service of departing Commissioners. He noted that the Committee reports had been posted to the ANC6B website a day ahead of the meeting and commented that the Retail Mix Task Force was doing impressive work. He also commented that he did not feel a defacto moratorium that the Commission seems to be pursuing was a good idea and looked forward to discussions at the January meeting about criteria like in use by the Dupont Circle ANC.

Ms Sharon Ryan presented the Commission with a petition signed by 45 residents living near to 12^th & G Street SE. They are requesting DDOT to add all-way stop signs on 12^th Street, which would make the intersection a 4-Way Stop.

Mr. Brian Pate, Commissioner elect, asked if Commissioner Metzger would provide an update on the Retail Mix Task Force this evening.

3. Community and Commission Announcements

Commissioner Metzger made a report on the status of the Retail Mix Task Force. He said the principal message coming out of the forum on moratoria was that the instrument can be designed in many ways to suit local conditions. Going forward, the task force plans to (1) examine the Dupont Circle guidelines and those of ANC6B covering liquor stores, (2) hold a second forum devoted to retailers, and (3) submit a preliminary report to the Commission in February 2011.

Commissioner Green moved (with a second by Commissioner Glick) that a vote on the DDOT petition presented earlier be added to the agenda. The motion was approved and Commissioner Garrison suggested the item be added to the top of the Planning & Zoning section of the agenda.

4. Presentation

None

5. ABC Committee

The Commission considered two applications for renewals of liquor licenses, which had been reviewed by the ABC Committee on December 9, 2010.

Bullfeathers, Lic # ABRA-021165, CR 02, 410 1^st Street, SE

Commissioner Wright reported the Committee recommended that the Commission support the license renewal contingent upon a signed voluntary agreement. The Commission voted 10-0 in support of the recommendation.

Annie & Teddy’s Po Boys, Lic # ABRA-081522, 1400 Pennsylvania Avenue, SE

Commissioner Wright reported the Committee recommended that the Commission take no position on the license renewal. The Commission voted 10-0 in support of the recommendation.

The Commission then considered applications for CR licenses for two new restaurants that had been reviewed by the ABC Committee on December 9, 2010.

Pacifico, Lic # ABRA-086033, CR, 514 8^th Street, SE

Commissioner Wright reported the Committee recommended that the Commission protest the new license application based on adverse impact on peace, order, and quiet; adverse impact on residential parking and safety; and over concentration of liquor licenses. The Commission voted 5-4-1 with Commissioners Glick, Patterson, Campbell, and Hill in opposition and Commissioner Metzger abstaining.

Commissioner Jarboe moved to authorize the Chair and the ABC Committee Chair to designate a Commissioner or Commissioners to represent the Commission before the ABC Board on this case. Before the motion was seconded, the Chair suggested it would be too cumbersome to have both Chairs designating and preferred the ANC Chair designate. Commissioner Jarboe then moved (with a second by Commissioner Glick) to

to authorize the Chair to designate a Commissioner or Commissioners to represent the Commission before the ABC Board on this case. The Commission voted 9-1 in support of the motion, with Commissioner Green in opposition.

Bavarian Beer Garden, Lic # ABRA-085710, CT, 720 L Street, SE

Commissioner Wright reported the Committee recommended that the Commission support the license application contingent on a signed voluntary agreement (VA) that includes restrictions in the scope of the entertainment endorsement. Absent an agreed upon VA, the Committee recommends the Commission protest the application.

Commissioner Oldenburg moved (with a second by Commissioner Jarboe) that the Committee report be amended to read: “… in the scope of the entertainment endorsement and hours of operation.” The Commission voted 9-1 (with Commissioner Patterson in opposition) to amend the Committee report. The Commission voted 7-3 (with Commissioners Metzger, Patterson, and Glick in opposition) to support the amended Committee report. Commissioner Jarboe moved (with a second by Commissioner Campbell) to authorize the Chair to designate a Commissioner or Commissioners to represent the Commission before the ABC Board on the case. The Commission voted 8-2 in support of the motion (with Commissioners Hill and Green in opposition).

At its November meeting, the Commission voted to protest the new tavern license application of the 8^th Street Bar & Grill. Commissioner Jarboe moved (with a second by Commissioner Wright) to authorize the Chair to designate a Commissioner or Commissioners to represent the Commission before the ABC Board on this case. The Commission voted 10-0 in support of the motion.

6. Planning & Zoning Committee

DDOT Petition

Commissioner Green moved (with a second by Commissioner Campbell) that the Commission support the DDOT petition presented to the Commission by Ms Ryan this evening. The petition reads, “The undersigned residents of the 500 & 700 blocks of 12^th Street, SE, and the 1100 and 1200 blocks of G Street, SE, petition the District Department of Transportation for installation of ALL-Way stop signs [at the corner of 12^th & G Streets SE]”. The Commission voted 9-0 in support of the motion.[1]

2011 National Marathon Race, March 26, 2011

Commissioner Campbell reported the Committee noted appreciation for the early notice provided by the race organizers to 6B along with the additional changes in the race route and recommended that the Commission approve the event. Commissioner Ron McBee, chair of 6D, was present and noted that 6D had approved the event at its meeting the previous evening.

The Commission voted 9-0 in support of the recommendation.[2]

2011 Cupid Undie Run (Children Tumor Foundation), February 12, 2010

Commissioner Campbell reported the Committee recommended that the Commission approve this event.

The Commission voted 8-0 in support of the recommendation.[3]

PS # 56312, 257 15^th Street, SE – Crepes on the Corner, Prepared Food & Deli, Sidewalk Café

Commissioner Campbell reported the Committee recommended that the Commission approve the application for placing tables and chairs outside the establishment pending additional information, letters of support, and more definitive plans for the securing of the outside seating.

Mr. Dennis Connors, architect, and Mr. Vincent Bradbury, owner, were present. Mr. Bradbury stated that when his establishment was closed he would secure the large picnic tables to the existing railing. Other chairs and tables will be stored inside the establishment.

The Commission voted 8-0 to support the application.[4]

HPA # 11-066, 534 11^th Street, SE – Concept/second-story rear addition and infill of existing dogleg

Commissioner Campbell reported the Committee recommended that the Commission approve the application, pending submission of letters of support from neighbors.

The property owners, Ms JoAnn Gilles and Mr. David Hermann, were present. They provided the Commission with additional letters including one from 1114 G Street SE.

The Commission voted 10-0 to support the Committee recommendation.

HPA # 11-074, 1216 D Street, SE – Concept/renovation of existing alley structure for residential use

Commissioner Campbell reported the Committee recommended that the Commission support the project. The property owners, Undine and Carl Nash, were present and noted that CHRS has written a positive report on the application and that discussions with the HP Office had been encouraging. Commissioner Garrison suggested that the Nashs work through their Commissioner on the DC WASA issue that was raised at the Committee meeting.

The Commission voted 10-0 in support of the recommendation.

HPA # 10-265, 319 East Capitol Street, SE – Extend roof deck to end of house, pergola to remain 12 feet from rear of dwelling

Commissioner Campbell reported the Committee recommended that the Commission support the project, pending submission of letters of support from neighbors.

Mr. Frederic Taylor, architect, was present. He provided letters of support from 317 and 321 East Capitol Street SE. After some discussion about the owners promise to not use the extended space and a reading of the CHRS comment on this matter, the Commission voted 9-1 in support of the recommendation, with Commissioner Oldenburg in opposition.

HPA # 11-078, The Maples—Concept/restoration of historic structure, new construction, and parking garage access

Commissioner Campbell reported the Committee recommended that the Commission support the application. Mr. Ralph Cunningham and Mr. Michael Day, architects, and Mr. Charlie Kehler, one of the project partners, were present. They noted positive CHRS and HPO reports on the application.

The Commission voted 10-0 in support of the recommendation.

Review of Lower 8th Vision Process Report to DC Office of Planning

Commissioner Campbell reported the Committee recommended that the Commission support the final report of the Lower 8^th Vision Process and send a letter to the Office of Planning.

Mr. Michael Stevens, Executive Director, Capitol Riverfront BID, was present and stated he had no new information. Commissioner Jarboe noted that the report specifically does not call for changes to the current zoning overlay. Instead, it calls for any proposals that might exceed the current height limitations to be reviewed on a case by case basis and that in no case should the height limitations along 8th Street be exceeded. Mr. Stevens confirmed that Commissioner Jarboe's comments on the report's discussion of height limitations was correct.

The Commission voted 10-0 in favor of the recommendation.

ZC # 08-06-14, Comprehensive Zoning Regulations Review: Medium & High Density Residential Zones

Commissioner Campbell reported the Committee recommended that the Commission support the Recommendations in the zoning review with particular reference to Recommendations 3, 4, and 5. The Commission voted 10-0 in support of the Committee recommendation.

7. Eastern Market Report

There was no Eastern Market Report as no ANC6B representative had been able to attend the November EMCAC meeting as it had conflicted with the ANC’s Planning & Zoning meeting. However, Commissioner Jarboe noted the following: (1) the task force on governance had held a public meeting on xxx and (2) DRES has finally agreed to lower the cases in the Market building but only to 3 inches above the floor. Commission Oldenburg asked about the status of the temporary building. Commissioner Jarboe stated that the latest information is that the building will be removed next summer.

8. Commission Minutes

Commissioner Oldenburg moved (with a second by Commissioner Campbell) that the minutes of the Barney Circle Special Call Meeting of October 26, 2011, be adopted. The Commission voted 10-0 in support of the motion.

Commissioner Oldenburg moved (with a second by Commissioner Hill) that the minutes of the ANC’s October 12, 2010, regular monthly meeting be adopted. The Commission voted 10-0 in support of the motion.

Commissioner Oldenburg moved (with a second by Commissioner Campbell) that the minutes of the ANC’s November 9, 2010, regular monthly meeting be adopted. The Commission voted 10-0 in support of the motion.

Commissioner Oldenburg moved (with a second by Commissioner Jarboe) that the minutes of the ANC’s 8^th Street Bar & Grill Special Call Meeting of December 9, 2011, be adopted. The Commission voted 10-0 in support of the motion.

9. Remarks from Departing Commissioners

Commissioner Patterson thanked the constituents of Advisory Neighborhood Commission 6B, and more specifically, the constituents of Single Member District 6B09, for the opportunity to serve them. He stated that it has been an honor to serve and it has also been an honor to work with his colleagues on Commission 6B. He concluded by wishing the newly elected commissioners and each of those remaining on the Commission the best going forward.

Commissioner Wright said it's been an honor and privilege to serve as an ANC Commissioner for the last 10 years.  She noted that she is especially proud of the many relationships that she helped initiate and cultivate for ABC license holders.  She congratulated the new commissioners as ANC 6B moves forward to the next phase.  She said she would like to stay involved with the ABC in some capacity and if the ANC needs her assistance during the transition, she would be happy to help.

Commissioner Jarboe stated that it had been a privilege and honor to serve on the ANC. He especially noted that he was proud to have served specifically on ANC 6B, which has the reputation city-wide as one of the best ANC's. He closed by noting that the he was sure the new incoming Commissioners would continue the tradition of keeping ANC6B one of the District's best Advisory Neighborhood Commissions.

Commissioner Hill stated it has been an honor and pleasure working with the ANC over the years. He noted that he was not standing down but rather moving on and will be working with seniors in the future. He wished all well.

11. Adjournment

The meeting was adjourned at 10:30 pm

Prepared by Kirsten Oldenburg Attest: _____________ .

Attachments:

Agenda, as adopted

ABC Committee Report

Planning & Zoning Committee Report

Meeting Agenda

Location: 535 8^th Street, SE

The People’s Church

December 14, 2010 – 7:00 PM

Agenda

1. Adoption of Agenda

2. Community Speakout

3. Community and Commission Announcements

4. Presentation

5. ABC Committee

(These items will also be considered by the ABC Committee on December 9, 2010 at 7:00 p.m. at the Southeast Neighborhood Library at 403 7^th Street, SE. Please use the first floor entrance on D Street, SE, across the street from the back of the CVS Store.

Renewal of license

· Bullfeathers, Lic # ABRA-021165, CR 02, 410 1^st Street, SE

· Annie & Teddy’s Po Boys, Lic # ABRA-081522, 1400 Pennsylvania Avenue, SE

New License

· Pacifico, Lic # ABRA-086033, CR, 514 8^th Street, SE

o New restaurant, Latin Tapas, open grill, salads and contemporary cooking with recorded music. Seating capacity is 120. Total occupancy load including Sumer Garden is 185. Sidewalk café with seating for 30.

§ Hours of sales inside, summer garden, and sidewalk cafe: Sunday 10:00 a.m. – 2:00 a.m., Monday through Thursday 8:00 a.m. – 2:00 a.m., and Friday & Saturday 8:00 a.m. – 3:00 a.m.

· Bavarian Beer Garden, Lic # ABRA-085710, CT, 720 L Street, SE

o New tavern, beer garden with European/American food. Number of seats 99, summer garden 200 seats, total occupancy load is 399.

§ Hours of sales: Sunday through Thursday 11:00 a.m. – 2:00 a.m. and Friday & Saturday 11:00 a.m. – 3:00 a.m.

§ Hours of live entertainment: Sunday 12:00 p.m. – 12:00 a.m., Monday through Friday 6:00 p.m. – 12:00 a.m., Saturday 12:00 p.m. – 2:00 a.m.

Designation of Commissioners before ABC Board

6. Planning and Zoning Committee

(These items will also be considered by the P & Z Committee on December 7, 2010 at 7:00 p.m., and will be held at The Peoples Church located at 535 8^th Street, SE)

· 2011 National Marathon Race, Chris Browne

· 2011 Cupid Undie Run (Children Tumor Foundation), February 12, 2010, Tamara Forys

· PS # 56312, 257 15^th Street, SE – Crepes on the Corner, Prepared Food & Deli, Sidewalk Café with 4 folding picnic tables (72” long x 57” wide x 29” high), 3 square tables (24” x 24” x 29”) and 1 round table (54” diameter x 29” high), 6 umbrellas

· HPA # 11-066, 534 11^th Street, SE – Concept/second-story rear addition and infill of existing dogleg

· HPA # 11-074, 1216 D Street, SE – Concept/renovation of existing alley structure for residential use

· HPA # 10-265, 319 East Capitol Street, SE – Extend roof deck to end of house, pergola remain 12 feet from rear of dwelling

· HPA # 11-078, The Maples – Concept/restoration of historic structure, new construction, and parking garage access

· Review of Lower 8th Vision Process Report to DC Office of Planning, Michael Stevens, Executive Director, Capitol Riverfront BID

· ZC # 06-34/06-34A, 1705-1729 East Capitol Street, SE – One-year time extension for PUD (Removed)

· ZC # 08-06, Comprehensive Zoning Regulations Review: Chapters B-13: Green Area Ratio

· ZC # 08-06-14, Comprehensive Zoning Regulations Review: Medium & High Density Residential Zones

7. Eastern Market Report

8. Approval of Commission Minutes (October and November)

9. Remarks from Departing Commissioners

10. Adjournment

NOTE: Late-Breaking ABC, BZA, Zoning, or Historic Preservation Cases may be added to this Agenda.

For additional information, call 202.543.3344 or e-mail: office@anc6b.org, website: www.ancb6.org.

Next Meeting: January 11, 2011

ABC COMMITTEE

South East Neighborhood Library

403 7^th Street, SE

Report and Recommendations

December 9, 2010

Commissioners in attendance: Mary Wright (chair), Carol Green, Kirsten Oldenburg, Ken Jarboe, Norman Metzger, Neil Glick and Dave Garrison. Bert Randolph, staff assistant, was also present.

ANC 6B’s ABC Committee met on Thursday, December 9, 2010 at the Southeast Library. The meeting began at approximately 7:20 PM. At 9 PM, the Committee moved the meeting over to the ANC 6B office at 703 D Street SE and completed its deliberations in public session at approximately 9:30 PM.

Renewal of license

The licenses for the following establishments are up for renewal:

Bullfeathers, Lic # ABRA-021165, CR 02, 410 1^st Street, SE

Anthony Harris, owner, is seeking a license renewal with no changes. The Committee noted that, while the ABRA Investigations report showed several lapses in proper reporting, these had all occurred before the current owners acquired the establishment. There were no objections or concerns from the community. Thus, the ABC committee recommends that the ANC support the license renewal contingent upon a signed voluntary agreement

Annie & Teddy’s Po Boys, Lic # ABRA-0811522, 1400 Pennsylvania Avenue, SE

Since there was no representation from the establishments but no objections or concerns from the community, the ABC Committee recommends that the ANC take no position on their license renewal.

New License

Pacificos, Lic # ABRA-086033, CR, 514 8^th Street, SE

Applicant, Xavier Cervera, is seeking a new license for a Latin Tapas restaurant featuring contemporary cooking with an open kitchen and grill, and fresh baked breads. The interior would seat approximately 120 patrons and a sidewalk café would seat 30 patrons. The total occupancy load including the summer garden is 185. The proposed hours of sales for the interior, summer garden and sidewalk café are Sunday 10 a.m. -2:00 a.m., Monday through Thursday 8:00 a.m. – 2:00 a.m., and Friday and Saturday 8:00 a.m. – 3:00 a.m.

Mr. Cervera submitted a petition of support with 300 signatures. While the majority of those who signed reside on Capitol Hill, few live within the immediate area of Barracks Row.

There were several members of the community in opposition of the proposed restaurants citing an overconcentration of restaurants already on 8^th Street and an adverse impact on quality of life issues. One nearby resident presented a petition with 53 signatures, mostly from residents in nearby blocks, expressing opposition to the restaurant.

Grounds for a protest include:

1) Adverse impact on peace, order, and quiet

2) Adverse impact of real property values

3) Adverse impact on residential parking and safety

4) Overconcentration of liquor licenses

Many community members believe that 8^th Street is at a saturation point and would be affected adversely with the addition of 185 seats at this proposed location.

Mr. Cervera acknowledged the parking concerns and recommended possible solutions to address the issue. The well-lit parking lot under the freeway offers 60 spaces. However, it is underutilized. Establishments could offer incentives like a free drink for using the parking lot. Another way to help offset limited parking would be to offer four hours of free parking for Ward 6 residents. Mr. Cervera is also willing to amend his application to shorten the hours for the summer garden. He also cited a Barracks Row study that 70% of Barracks Row customers are within walking distance to the establishments.

The ANC recognizes that this has been an on-going concern and in response formed a Retail Mix Task Force early in 2010. The Task Force is reviewing, among other things, a possible moratorium on liquor licenses.

The Committee discussed the extent to which adding this restaurant would further concentrate licensed establishments along Barracks Row. Several Committee members noted that Mr. Cervera’s current restaurants along Barracks Row are well run and maintained, that he has been a “good neighbor” and has made substantial contributions to the community.

The Committee remains concerned that additional restaurants located along Barracks Row, especially in the 500 block of 8^th Street SE, will result in an over-concentration of such licensed establishments. The Committee also notes the significant opposition to this application by many residents living within a few blocks of the proposed location. For these reasons (adverse impact on peace, order and quiet and residential parking, and contributing to an overconcentration of liquor licenses in the area), the ABC committee recommends that the ANC protest the license. Commissioner Metzger and Glick dissented from the recommendation.

Bavarian Beer Garden, Lic # ABRA-085710 CT, 720 L Street, SE

Applicant, Mark Brody, is seeking a new CT license with an entertainment endorsement for an upscale beer garden with European/American food in a building to be newly constructed at the corner of 8^th and L Street SE. The interior would seat approximately 99 patrons and the summer garden would have 200 seats. The total occupancy load is 399 patrons. The proposed hours of sales are Sunday through Thursday 11:00 a.m. – 2:00 a.m. and Friday and Saturday from 11:00 a.m. – 3:00 a.m. Hours of Entertainment are Sunday from 12:00 p.m. – 12:00 a.m., Monday –Friday 6:00 p.m. – 12:00 a.m., and Saturday 12:00 p.m. – 2:00 a.m. Music would include “oompah” bands. The applicant described the proposed building, the plans for which have not yet been created, as “temporary” with the idea that when the redevelopment of the Lower 8^th Street blocks had progressed sufficiently the “temporary” structure would be removed and a more substantial, mulit-story building would be proposed.

Committee members noted that the proposed new building would require a lengthy approval process from various agencies. The building would be in the historic district and thus would require full historic preservation review. Committee members expressed strong doubts that applicant would be able to complete all reviews and have the building up by early spring as proposed. Committee members noted that the newly proposed vision for the redevelopment of Lower 8^th Street, also before the Commission this month, contemplates a more substantial use of this property than a beer garden, especially given that the site fronts directly on 8^th Street.

Several Committee members expressed the desire that approval of this application be structured in such a way that the establishment could not be converted into a nightclub. The Committee discussed how a Voluntary Agreement might be structured to prevent a future nightclub, among other things by not limiting the scope of the requested entertainment endorsement.

The Committee acknowledges that proposed site for the tavern is in an undeveloped area of 8^th Street and that introducing commercial activity into the area would add life to the street and could encourage other business activity to help promote revitalization of the area. The Committee recommends support of the license conditioned upon a signed VA that includes restrictions in the scope of the entertainment endorsement. Absent an agreed upon VA, the Committee recommends the Commission protest the application. Commissioner Oldenburg dissented from the recommendation

Report of the Planning & Zoning Committee

The Peoples Church

535 8^th Street, SE

December 7, 2010

7:00 pm

Note: Due to unusual circumstances, the meeting did not start until about 8:00 pm and was held upstairs in Molly Malone’s, 713 8^th Street SE, instead of The People’s Church, 535 8^th Street SE.

Commissioners present: Francis Campbell (chairing), Kirsten Oldenburg, Kenan Jarboe, David Garrison, Carol Green, and Norman Metzger. Also attending, Bert Randolph, Staff Assistant

2011 National Marathon Race, March 26, 2011

Mr. Chris Browne, Vice-president of the Greater Washington Sports Alliance, and Ms Diane Thomas, Director of Community Relations were present. This is a repeat of last year’s event with a few changes that should lessen the impact on traffic within 6B by moving the start line to 22nd Street in front of RFK Stadium, taking the race course to C Street NE (off of East Capitol Street entirely) up to 13 Street SE at Lincoln Park and utilizing a pedestrian tunnel on RFK Lot 5 to keep Independence Avenue SE open to vehicular traffic. North-south traffic will be assisted in crossing the race route at the 4^th, 6^th, 8^th, and 10^th Street intersections with East Capitol Street and at North Carolina Ave & 15^th Street NE and C Street & 17^th NE in 6A. Officers from MPD’s special operations division will handle traffic at these intersections.

Some concerns that still exist were brought to the Committee’s attention: (1) the port-a-johns and water stations need to be set up at a more reasonable time other that 2:00 am on race day so as to have minimal impact on neighbors in the Lincoln Park area; and (2) religious institutions that hold Saturday services need to be notified of race day plans before race day. Mr. Brown and Ms. Thomas said both of these concerns would be attended to. Organizers did inform the Committee that Metro will open 2 hours earlier than normal on race day to help alleviate vehicular traffic coming into the area of 6B.

The Committee appreciates the early notice by the race organizers to 6B along with the additional changes in the race route and recommends that the full ANC approve this event.

2011 Cupid Undie Run (Children Tumor Foundation), February 12, 2010

Ms Tamara Forys, representative of the race organizers, presented plans for this event, which is being held for the first time. The purpose of the event is to raise money for the Children’s Tumor Foundation and it will consist of two parts both of which originate at the Pour House (319 Pennsylvania Avenue SE). This will be a one mile costume run from the Pour House to the U.S. Capitol building and back to the Pour House. The race will involve approximately 500 participants and 20 volunteers. It will begin at 2:00 pm and end at 2:30 pm and involve road closures along Pennsylvania Avenue at 2^nd and 3^rd Streets and at East Capitol and 1^st Street.

As this event is expected to only take place for approximately 30 minutes, any impact on the area is expected to be minimal. The applicants are working with MPD officials on the road closures. Members of the Committee did not voice any concerns with this application nor did anyone in the audience. Therefore, the Committee recommends approval of this event to the full ANC.

PS # 56312, 257 15^th Street SE – Crepes on the Corner, Prepared Food & Deli, Sidewalk Café with 4 folding picnic tables (72” long x 57” wide x 29 “ high, 3 square tables (24”x24”x29”) and 1 round table (54” diameter x 29” high), 6 umbrellas.

Presenting were Mr. Dennis Connors, architect, and Mr. Vincent Bradbury, owner. Applicant plans to place picnic tables and seating in public space in front of the establishment Crepes on the Corner, which is the first floor retail space of a 5-story condo building. The sidewalk café area is surrounded by a fixed metal fence approximately 4’ high. Concerns raised by the Committee centered on the possible use of the sidewalk cafe area after the close of the business. Questions included how the tables/chairs will be secured and, if left in place, the possibility of them becoming an “attractive nuisance”.

The owner had no letters of support from residents of the building to speak toward any concerns. He also stated that he is being held up in opening his establishment by a DCRA requirement that he have separate restroom facilities for both genders on site. The owner claimed that complying with this requirement would result an undue hardship. The owner’s plan was to have one unisex bathroom that was fully accessible to handicapped patrons. If he is required to have two separate bathrooms, there won’t be space to make them fully accessible. Total seating indoors, per Mr. Bradbury, will be 30 patrons. Pending additional information, letters of support, and more definitive plans for the securing of the outside seating, the Committee recommends approval of the application to the full ANC.

HPA #11-066, 534 11^th Street SE – Concept second story rear addition and infill of existing dogleg

Ms Gayse Hardeway, architect, and Ms JoAnn Gilles and Mr. David Hermann, owners, presented plans to build a rear two-story addition that will fill in an existing dogleg and build a two-story addition over the existing one story rear porch which will be replaced. Additionally, they plan to install a new 8x8x9 foot prefabricated shed at the rear of the property. The addition will allow for an expansion of the first floor kitchen and installation of a master bath and new closet area on the second floor. There is no rear alley behind the property and the addition cannot be seen from a public street. The owners stipulated that they have letters of support from affected neighbors but did not have copies to present to the Committee. Pending submission of these letters, the Committee recommends the full ANC approve this project.

HPA #11-074, 1216 D Street SE—Concept/renovation of existing alley structure for residential use.

The owners, Undine and Carl Nash, presented plans to convert an alley structure into a residence with one rental unit. On January 12, 2010, the ANC approved (by a vote of 8-0) a BZA application covering this project; BZA approval was subsequently granted. Since that time, there have been some changes to the conceptual plans. The owners plan to extend the eastern face of the building, which will contain the apartment, approximately two feet closer to the property line. In addition, the main entrance will be on this east side of the building. Per the recommendation of HPO staff, there are now garage doors on the northeast corner of the building. Due to weather damage the north side brick wall will be deconstructed and rebuilt using the same brick; also the south wall will be deconstructed and rebuilt with salvaged brick from the deconstruction.

The entire roof, including its structure, will be removed and rebuilt using steel structure and insulated metal panels. This will appear as a standing seam roof from the outside. Additionally, to address rain water run off issues, the owners would like to install roof panels over the western wall with gutters outside the wall rather that raising the wall to address potential water leakage from water diverted inside towards the wall. Additional design features include solar panels on the roof, metal trim to reflect like aspects in the building design, and sliding garage doors to emulate like features on the western façade. Various windows and doors will be cut into the western wall and southeast corner to provide light and ventilation.

The Committee recommends that the Commission support the project.

HPA #10-265, 319 East Capitol Street SE—Extend roof deck to end of house, pergola remains 12 feet from rear of dwelling

Mr. Fredrick Taylor, architect, presented. The ANC heard this case earlier in 2010 and on May 11, 2010, approved (by a vote of 7-0) the one story rear addition & rooftop pergola & deck with the understanding that the deck would be pulled back approximately 12 feet from the rear of the dwelling. The applicants in agreeing to move the roof top pergola back 12 feet from the edge of the rooftop deck on the third floor rear addition are now applying to build the second floor rooftop deck over the entire second floor addition. Neither the Committee nor anyone present at the meeting expressed any concerns. Applicant did not present any letters of support for the modification from affected/adjorning neighbors. Pending letters of support, the Committee recommends support of this application to the full ANC.

HPA #11-078, The Maples—Concept/restoration of historic structure, new construction, and parking garage access

Presenting were Mr. Scott Matties, Mr. Ralph Cunningham & Mr. Michael Day from Cunninghan/Quill Architects and Mr. Charlie Kehler from Altus Realty Partners. The applicants are the new owners of The Maples (more recently called Friendship House), which is listed on the National Registry of Historic Buildings. The applicants presented plans for a 17 to 20 unit condo development with underground parking for each unit and construction of three (3) new town houses on the South Carolina Avenue side of the property and a two-story building situated on the west side of the property. Only one small existing structure will be razed under the current plans. A pedestrian access from D Street to South Carolina Avenue and grading of the South Carolina Avenue side of the property will improve access and visibility, with lighting. The view of the main house from the south will be preserved.

The one-level underground parking structure will span the south portion of the property with access through an alley from 6th Street. This may require widening of the alley from D Street adjacent to the property by approximately 4ft to allow for improved circulation and trash pickup. Plans submitted show no detail of any of the proposed structures but rather a generalized concept of placement and proposed height and massing. Owners are projecting a construction time of 18 months from start to finish. There do not appear to be any zoning issues at this time. The Committee is aware that the owners have met with the immediate neighbors who have expressed concern with some aspects of the proposal. The Committee encourages the owners to continue to keep this line of communication available for updates in the future. At present the Committee has no issues with this proposal and, therefore, recommends the conceptual design for approval to the full ANC

Review of Lower 8^th Vision Process Report to DC Office of Planning

Mr. Michael Stevens, executive director Capitol Riverfront BID, presented the final draft of a report “Vision Process: Lower 8^th Street SE” on the year long community process to develop a vision for development in the long neglected 6B area bounded by the SE/SW Freeway on the north, M Street SE on the south, 7^th Street SE on the west, and 11^th Street SE on the east. The process was initiated under the auspices of the Capitol Riverfront BID after conversations with the DC Office of Planning in 2009. ANC6B fully participated in the process as a member of the Advisory Group. Mr. Stevens has asked the Commission to support the report and its conclusions in a letter to the Office of Planning.

The report makes eight specific recommendations. Of these, the last—Possible Flexibility in Height & Density—is probably the one that generated the most debate among study participants and the public. Currently four squares in the area are covered by the Eighth Street Southeast Neighborhood Commercial Overlay District (ES Overlay), which restricts building heights to a maximum of 45 feet and places limitations on the allowable number of certain types of establishments. The report does not recommend a blanket rezoning of the area nor removal of the ES Overlay. Rather, it says that, through various presentations and discussions, a consensus developed among the community such that it would consider height and density flexibility on a case-by-case basis.

The Committee believes the report, as well as the many discussions it prompted, to be a substantial contribution to the planning efforts of the area. The results of the process were built through discussions with many and often quite diverse groups, including the Commission, all with interests in the study area. The Committee believes this open process gives the report strength and forcefulness in serving as a guide to future decisions that must be made about the study area by the DC government with input from residents and business owners, developers, the U.S. Marine Corps, and many others. The Committee, therefore, recommends that the Commission support the report.

ZC #06-34/06-34A, 1705-1729 East Capitol Street SE—One Year time extension for PUD

After some discussion, the Committee decided to recommend that the full ANC support this one-year extension.[5]

ZC #08-06, Comprehensive Zoning Regulations Review: Chapters B-13: Green Area Ratio

The Committee decided to remove this case from its agenda as the chapter in question deals with purely technical measurement issues.

ZC #08-06-14 (Comprehensive Zoning Regulations Review: Medium & High Density Residential Zones)

As part of the ongoing re-write of the zoning regulations, the Office of Planning has put forward a number of recommendations that would apply to the existing R-5 zones. There are a few areas within ANC 6B that are zoned R-5-B, specifically the area formerly known as Ellen Wilson, the Potomac Gardens and Hopkins public housing complexes and the areas south of K Street SE from 13th Street to Barney Circle.

The recommendations propose changes to the regulation of side yards, courts, lot occupancy, and use in mixed-use zones. The final recommendation proposes the creation of new zones for existing R-5-B areas based on existing building conditions.

The Committee has no objection to the recommendations on side yards, courts and lot occupancy. In general the Committee feels that these changes will eliminate incentives to fill in existing open space. The Committee specifically notes Recommendation 3 titled “Eliminate narrow courts and side yards from lot occupancy calculations”. The Committee would suggest that the Zoning Commission explore a similar change for R-4 zones. Such courts and side yards are common on Capitol Hill and the current regulations create an incentive to fill in such courts and side yards -- thereby reducing open space. The Committee believes that such courts and side yards should be preserved whenever possible.

The Committee also has no objection to Recommendation 4 to allow a limited set of neighborhood-serving non-residential uses subject to contextually appropriate performance standards. The ability to allow certain low-scale commercial uses, such as corner stores, in R-5-B could increase the livability of the entire surrounding neighborhood.

The Committee supports Recommendation 5 to divide the R-5-B zone between apartment areas and rowhouse areas. Such a division would protect the existing rowhouse areas that are currently zoned R-5-B from encroachment from apartment building development (which would be allowed as a matter of right in an R-5-B area).

Therefore, the Committee recommends that the ANC support the proposal.

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[1] Commissioner Wright was out of the room during the vote.

[2] Commissioner Metzger was out of the room during the vote.

[3] Commissioners Metzger and Jarboe were out of the room during the vote.

[4] Commissioners Metzger and Jarboe were out of the room during the vote.

[5] A day after the Committee meeting, ANC6B was informed by the applicant that this request has been withdrawn.