Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

January 8, 2008

 

 

Commissioners Present: Julie Olson, Chair; Ken Jarboe, Vice-Chair; Will Hill, Kirsten Oldenburg, Francis Campbell, Neil Glick, David Garrison, Mary Wright, Carol Green, Michael Patterson, and Executive Director, Bert Randolph.

 

Commissioners Absent: None

 

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 would like to amend the agenda by adding an oral resolution to modify the National Marathon Race route, add an item regarding the expenditure for placing the ANC’s ad in the Community Guide and a resolution regarding the funding of the ANC Security Fund.

 

Commissioner Wright made the motion to adopt the agenda as amended.  The motion was seconded by Commissioner Olson.

 

The Chair asked all in favor of adopting the agenda as amended to raise their hands.  The vote was unanimous (10-0).

 

Election of Officers

 

The Chair announced that she was turning the meeting over to Gottlieb Simon the Executive Director, Office of Advisory Neighborhood Commissions to conduct the election of officers for 2008.

 

Mr. Simon reviewed the rules for the election of officers with the Commissioners and the community and pointed out that the election will require a majority vote of all Commissioners present at the meeting, which is a slight difference from the usual present and voting rule and this is because the commission’s bylaws requires the majority of votes present.  This means that an abstinence vote is the same as a no vote.

 

The floor was open for the nomination of Chair.  Commissioner Wright nominated Commissioner Olson for the position.  There were no other nominations for the position.  Mr. Simon declared the nomination closed and that Commissioner Julie Olson had been reelected Chairperson by affirmation.

 

The nomination for Vice Chair was open.  Commissioner Garrison nominated Commissioner Jarboe for the position.  There were no other nominations for the position.  Mr. Simon declared the nomination closed and that Commissioner Kenan (Ken) Jarboe had been elected Vice Chairperson by affirmation.

 

The nomination for Secretary was open.  Commissioner Olson nominated Commissioner Garrison for the position.  There were no other nominations for the position.  Mr. Simon declared the nomination closed and that Commissioner David (Dave) Garrison was reelected Secretary by affirmation.

 

The nomination for Treasurer was open.  Commissioner Glick nominated Commissioner Carol J. Green for the position.  There were no other nominations for the position.  Mr. Simon declared the nomination closed and that Commissioner Carol J. Green was elected Treasurer by affirmation.

 

The nomination for Parliamentarian was open.  Commissioner Oldenburg nominated Commissioner Wright.  Mr. Simon asked if there were any other nominations.  Commissioner Carol Green nominated Commissioner Glick.  There were no other nominations for the position.  Mr. Simon asked all in favor of Commissioner Wright to raise their hands.  The vote was 5.  Mr. Simon then asked all in favor of Commissioner Glick to raise their hands.  The vote was 4.  Mr. Simon stated that six votes were needed to win the ballot.  Therefore, there was a re-vote.  Mr. Simon then asked all in favor of Commissioner Wright to raise their hands. The vote was 6.  Mr. Simon then asked all in favor of Commissioner Glick to raise their hands.   The vote was 3.  Mr. Simon declared that Commissioner Mary Wright was elected Parliamentarian.

 

Community Speakout

 

Lincoln Park

 

Patty Shea asked if the Commission was aware of the conditions at Lincoln Park with the construction activities currently taking place there.  Commissioner Jarboe stated that he had had an e-mail exchange with the National Park Services regarding this matter.  Because of change orders the NPS is approximately one month behind.  the  Park Service hopes to be finished by the middle of February, completing that side of the park.  However, once they have finished the west side of the park they will move to the east side to complete the work.  Commissioner Jarboe stated that he will raise the issue with the NPS about restoring to grass once they have finished their work.  Commissioner Jarboe stated for the record that the park is not in 6B’s jurisdiction but is in 6A’s.

 

Ms. Shea informed the community that the business that was going into the first floor of their condo building is now being moved to 11th and East Capitol Street and the owner will be applying for a high-end liquor store license.  Ms. Shea asked to Commission for its support is preventing the owner from obtaining such a license because the condo owners believe this would not be good for their area.

 

DDOT Remove left turn lane at 17th and Potomac Avenue, SE

 

Ms. Pat Taylor who lives 323 17th Street, SE presented a petition to the Commission signed by 36 residents who live in the immediate area of 17th and Potomac Avenue SE.   The petitioners desire to have DDOT remove the left turn lane at 17th and Potomac Avenue, SE.  The petition asks DDOT to immediately restore the pre-2005 lane configuration at 17th and Potomac Avenue SE intersection.  In early 2005, DDOT inadvertently created a dangerous traffic situation on 17th Street north of Potomac Avenue by forcing nearly all traffic to merge to a single lane within 4 short blocks.  In its 2006 Capitol Hill Transportation Study, DDOT recommended the restoration of the pre-2005 traffic pattern.  However, three years have passed and the residents are still burdened with this dangerous traffic situation created by DDOT.  Ms. Taylor also presented some traffic study data she had collected regarding this intersection.  Ms. Taylor then asked to Commission for its support in requesting that DDOT give top priority to removing the southbound left-lane at the intersection of 17th Street and Potomac Avenue SE as indicated in the results of their Comprehensive Transportation Study.

 

Commissioner Patterson, whose SMD this intersection is located, stated that he is in support of this action and has personally observed the potentially dangerous condition that exists because of DDOT’s action.

 

Commissioner Glick made the motion that the Commission write to DDOT requesting that they give top priority to removing this left-turn lane at 17th and Potomac Avenue, SE.  The motion was seconded by Commissioner Wright.

 

The Chair asked all in favor of the motion to raise their hands.  The vote was 9-0-1.

 

Congressional Cemetery Grant

 

Ms. Elizabeth Jones, who is with Congressional Cemetery, stated that they are applying for a grant to the Office of Historic Preservation to archive a number of historic documents that go back over hundred of years.  Ms. Jones stated that they are seeking to archive and transcribe the documents so that the data can be available to scholars, genealogists, families and the general public by making digital copies, transcribing the data into searchable databases, placing the data on the Internet, and making a reproduction copy of the books for on-site researchers. When the task is complete, the original books will be placed in storage under appropriate archival storage conditions.

 

Ms. Jones stated that Congressional Cemetery is requesting the Commission’s support in their application for this very important grant.

 

Commissioner Wright stated that since she is employed by Congressional Cemetery, she would be recusing herself from the discussion and vote on this matter.

 

Commissioner Jarboe made the motion that the Commission sends a letter supporting their grant application.  Commissioner Garrison seconded the motion.

 

The Chair asked all in favor of the motion to raise their hands.  The vote was 9-0-1.

 

MLK Anti-Crime March

 

Mr. Juan-Jose Garza announced that the Barney circle Neighborhood Watch Association will be conducting its 18th Annual Martin Luther King Day Anti-Crime March on January 21st at 7:30 p.m.  The march will originate at the Liberty Baptist Church which is located at 527 Kentucky Avenue SE.  Everyone is invited to participate. A flyer was provided a flyer with details regarding the march.

 

Eastern Market Community Workshop

 

Chuck Burger announced that the Eastern Market Community Advisory Committee and the Office of Property Management are conducting a Community Workshop on Eastern Market Management and have hired David O’Neil, the Senior Associate for Public Markets at the Project for Public Spaces (PPS) to conduct the meeting.  OPM intends to grant a new management contact for Eastern Market management in the next several months.  The purpose of the workshop is to get ideas from the community regarding EMCAC’s advisory role over Eastern Market.  The public is encouraged to attend and participate in the workshop as a community to help shape the future of Eastern Market.  The workshop will be held at Hines Junior High School Cafeteria on January 17th from 7 until 9 p.m.

 

Utility Satisfaction

 

Mr. Herbert Jones, Manager, Consumer Services Division, the DC Office of the People’s Counsel announced that Councilmember Mary Cheh, Chairperson of the Committee on Public Services and Consumer Affairs will be conducting two public hearings regarding the quality of service provided by PEPCO, Verizon and Washington Gas.  The meetings will be held on Thursday, February 7th at 10:00 a.m. in the 5th floor Council Chambers and on February 9th at 11:00 a.m. in room 412 in the John A Wilson Building.  The public is invited to come and make comments regarding the quality of service they receive from these citywide utility services.  Mr. Jones provided a flyer on details of the hearings. 

 

Community and Commission Announcements

 

Anacostia Waterfront Community Fair

 

Commissioner Jarboe announced that DDOT, the Office of Planning, the Office of the Deputy Mayor for Planning and Economic Development will be holding the Anacostia Waterfront Community Fair on Saturday, January 26, 2008 at St. Coletta of Greater Washington, located at 1901 Independence Avenue, SE.  The fair will be from 1 until 5:00 p.m.  This will be a city-wide community information fair to inform participants about the implementation progress, current status, and the horizon for Anacostia Waterfront projects and activities.  The community is encouraged to attend.

 

Architects of Capitol Hill – Corp of Engineers

 

Commissioner Garrison announced there will be a community meeting by the Architect of Capitol (AOC) and the Corp of Engineers on Wednesday, January 16th at 6:30 p.m. at St. Peters to discuss their proposal to fix the steam tunnels under 2nd Street.  The proposal is to rebuild the tunnels from North Carolina Avenue to C Street.  It is estimated that it will take from 1 ½ to 2 years to complete the project.  Commissioner Garrison stated that the last time the Commission meet with the AOC and the Corp it asked them to arrange for such a community meeting so that everyone could have an opportunity to comment on the project.  There will be considerable discussion on the project’s likely impact on the west portion of Provident Park, which the AOC owns, as the staging area for the construction equipment associated with the project.  Commission Garrison encouraged anyone with any interest to come to the meeting.

 

Ward 6 Democrats

 

Chuck Burger announced that the Ward 6 Democrats will be having a forum to discuss preventive crime measures in the ward.  The meeting will be held on January 15th at Pane Elementary School at 15th and C Street, SE. from 6:30 until 9:00 p.m.  In attendance will be Deputy Chief Groomes, representatives from the PSAs, the Attorney General’s Office, and Councilmember Tommy Wells.  All interested parties are invited to attend.

 

National Marathon Race

 

Commissioner Jarboe stated that the Commission had asked the National Marathon Race to change its route based upon the suggestions from Commissioner Nick Alberti at ANC 6A. As the marathon sponsors discussed the route with the police department, there were some questions raised about an option to open up part of East Capitol faster. The Metropolitan Police Department suggested that the sponsors not use Independence Avenue and instead to keep the race on East Capitol Street the whole way.  Therefore, the marathon people are asking the Commission for its support of the revised race route.

 

Commissioner Jarboe made the motion that the Commission support the minor modification to the race route to remove Independence Avenue from the route and putting all of the race onto East Capitol Street, SE.  The motion was seconded by Commissioner Green.

 

The Chair asked all in favor of the motion to raise their hands.  The vote was unanimous (10-0).

 

ABC Committee

 

The Chair turned the meeting over to Commissioner Wright the Chair of the ABC Committee to make their report.

 

Amend License

 

Ugly Mug, 723 8th Street, SE—Lic. #71973

 

Applicant requests to amend liquor license to expand operations to the 2nd floor.  Current license supports 98 people downstairs in its present location.  Applicant proposes a second floor addition with a roof top deck to support approximately 75 people or whatever is supported by the fire code occupancy.  Some of the second floor addition will be used for storage and office space.  An 8-foot fence will surround all of the proposed roof top deck and there will be no music or TV sound on the roof top.  Since the deck faces an alley, there is a commercial building in back along with a few affected neighbors.  Applicant plans to get letters of support from the neighbors.

 

Given that Ugly Mug is willing to sign an amended voluntary agreement, limit roof top hours to those that are consistent with other businesses on 8th Street with roof top decks, and continue to be a “good neighbor”, the committee recommends support of the amended license.

 

The Chair asked if there was any new information on the case.

 

Mr. Gaynor Jablonski stated that they had passed out a letter to their neighbors, but that they were not able to get into all of the buildings.   However, they were able to get the letter to 3 of the 4 buildings that have residents.  The people they had spoken with directly face the applicant’s building in the rear.  These neighbors support the applicant’s request.  The applicant left information at the fourth building,  -- 726 7th Street.—and invited residents to call if they had any questions.  Mr. Jablonski stated that Mr. Tate from 726 7th Street called him and expressed his concern that every once in a while late at night on some weekends  the Ugly Mug staff will go out back to empty trash into the dumpster and wake him up.  Mr. Tate asked Mr. Jablonski if he could make sure his staff could keep that to a minimum or if it is after 2 or 3 in the morning that they could keep the trash inside until the next morning.

 

Commissioner Garrison stated that at the Committee meeting the applicant was asked if they had received any complaints from the neighbors and the response was no.  Subsequently, the Commission has received a letter (e-mail) from Ms. Erika Jeffers who lives behind the applicant’s premise stating that Ms. Jeffers has a problem with noise coming from the rear of the restaurant.  This includes conversations of the restaurant staff when they are on smoke breaks and banging that occurs when the staff is disposing of bottles in a dumpster at closing time late at night.  Additionally, Ms. Jeffers stated that complaints had been lodged formally with you and city authorities and nothing much has been done to correct this situation.  Commissioner Garrison continued that he is concerned because last week this matter was not brought forth by the applicant.  Therefore, he asked Mr. Jablonski to clarify the situation.

 

Mr. Jablonski stated that the only complaint he had had was from the city about trash pickup. He had a smaller dumpster in the rear of the building that was being emptied 4 times a week but was always filling up.  He consequently increased the size of the dumpster  still emptied four-days per week.   This adjustment made matters worse because the truck that picked up the trash was a front loader that makes too much noise.  However, the applicant said he has now eliminated the overfilling of the dumpster, a solution which also addresses a potential rodent problem.  The other problem the applicant was experiencing was with the facility’s grease trap.  The company servicing the trap was using barrels as receptacles to collect the grease, an approach which sometimes allowed grease to spill over onto the ground.  Mr. Jablonski subsequently had the container changed to a dumpster style which has eliminated the problem.

 

The applicant said he has not been made aware of any other complaints.  He said he has always invited people to make him aware of any problems so that he could address them.  Mr. Jablonski stated that he was not aware of the complaint from the neighbor in the rear of his business and the complainant was not present when he visited the complainant’s building the previous evening.

 

Commissioner Garrison asked Mr. Jablonski if there was a particular time that his staff emptied their trash.  Mr. Jablonski responded that there was not.  The procedure is to empty trash when the receptacles become full or at the end of the shift.  They empty at the end of shift to prevent a rodent problem within the building itself.  Mr. Jablonski added that staff no longer takes smoke breaks in the rear of the building because they now use the area out front.

 

The Chair stated that she had distributed to the Commission a letter she had received from a resident in the apartment building at 724 7th Street who was in opposition to the expansion to the 2nd floor.  This was the letter to which Commissioner Garrison referred earlier.  The Chair provided Mr. Jablonski what a copy of the letter and suggested that he contact the person to see what can be done to address the concerns.  The applicant stated he would do so.

 

Commissioner Glick stated that he had concerns about the potential problem with rats around the building and based upon his experience with Remington’s he did not want to see this establishment create the same problems.

 

Commissioner Jarboe asked about a picture of a dumpster in the rear of the building that was dated last March and wanted to know if it represents the current condition.  Mr. Jablonski stated that it does not represent anything like what it is today.  Commissioner Jarboe then asked if the roof patio area would go all the way to the back of the building.  Mr. Jablonski responded that it would not because there are kitchen vents from the first floor that are at the very end of the roof area.  The patio area will be completely enclosed by a 8 to 12 foot stockade fence to prevent noise from disturbing the neighbors in the rear.

 

The Chair asked if there would be a separate bar area on the 2nd floor patio area.  Mr. Jablonski stated that would be a separate bar but it would not be on the outside area.  The only thing outside will be tables.

 

Commissioner Campbell asked if the applicant planned to install something to keep patrons from throwing items (beer cans, cigarette butts, and etc..) over the top of the enclosures.  Mr. Jablonski stated that his architect is working to install proper protection to prevent this, but must keep within the building code to prevent the area from being classified as enclosed and thus require, restrictions on smoking in the open roof area.  However, he will do whatever is necessary to minimize the potential problem of trash being thrown over the top of the roof enclosure.

 

Mr. Jablonski stated that the ABC Board wants him to get a letter of support from the ANC stating that the Commission was in general support of the rooftop deck with the understanding that he would have to return to appear before the Commission to get approval for the substantial change to his liquor license.

 

Commissioner Jarboe made the motion to amend the Committee Report to express to the ABC Board that the ANC support for this substantial change is conditioned upon the execution of a revised Cooperative (Voluntary) Agreement.  The motion was seconded by Commissioner Garrison.

 

The Chair asked all in favor of supporting the amendment to the Committee Report to raise their hands.  The vote was unanimous (10-0).

 

The Chair then asked all in favor of supporting the Committee Report as amended to raise their hands.  The vote was 9-0-1.

 

Commissioner Patterson had to leave the meeting due to a prior obligation.

 

8th Street Establishments

 

Concerns were reiterated that 8th Street is reaching its “tipping point” for eating establishments, including restaurants and bars, with a special concern about the number of entities with liquor licenses.  Commissioners also expressed concerns about whether there is adequate parking sufficient to support existing establishments.  Plans are underway to actively take on this issue.  Julie Olson, Mary Wright, Dave Garrison and Kirsten Oldenburg will work with the community, the city government and existing businesses in further studying the issue.

 

Planning and Zoning Committee

 

The Chair turned the meeting over to Commissioner Garrison, acting as Chair of the P&Z Committee, to make the Committee Report.  Commissioner Garrison asked the Chair’s indulgence to allow him to flip the order of the cases so that 1000 D Street could be taken first because it appears to be more straightforward that the other case.  The Chair agreed.

 

BZA #17727, 1000 D Street, SE – Special exception for second floor addition to existing one-family row dwelling

 

The owner, Mr. Tony Serafino, along with his architect, Mr. Dave Shove-Brown, made the presentation.  The property is a two-story, corner house with a lot occupancy of 69%, a prior non-conforming status under the zoning code.  The owner proposes to demolish the second floor deck at the back of the house, and an outside staircase to the deck, and replace it with a new second story room that matches the footprint of the first floor of the house.  The applicant proposes to maintain the same roof line as that of the middle section of the existing structure and to have the new structure match the existing look of the rest of the house.  There would be no change to the lot occupancy.  The applicant presented a letter from the neighbor of the one abutting house expressing approval of the project, and also provided letters of support from several neighbors across the street. 

 

The Committee recommends that the Commission support the request for the special exception.  The proposed renovation will be an improvement to the current look of the building and has broad support from those most impacted in the neighborhood. 

 

The Chair asked Mr. Serafino if there was any new information on his case.  There was none.

 

The Chair stated that this case comes as a recommendation from the Committee, no motion or second is needed.  The Chair then asked all in favor of the recommendation to raise their hands.  The vote was 8-0-1.

 

HPA #08-112, 612 E Street, SE – Rear addition

 

Mr. Douglas Faque, the developer of the property, made the presentation.   The property at 612 E Street, SE is a two-story, wood frame, attached townhouse on a lot that runs from E Street through to the other side of the block at South Carolina Avenue, which makes the lot a good deal larger than the neighboring properties.  The house fronts on E Street; a covered, brick garage fronts on South Carolina along with a curb cut.  The current lot occupancy, including the garage, is 68%.  The house is not habitable at the moment and has a “condemnation” notice posted on the front door.  As part of a general plan to renovate the property, the applicant is seeking permission from the HPRB to tear down the shed at the back of the house and build the first floor out to a point where on one side the back of the house would extend 9 feet on one side and 14 feet on the other beyond the line of the two abutting houses.  On the second floor, the proposal is to extend out to a point 5 feet short of the first floor footprint and use that remaining space for a balcony.  In order to extend the house this far back on the lot and remain within the lot occupancy limit, the applicant proposes to remove the roof from the garage (thus taking that structure out of the calculation of lot occupancy) and reduce the back brick wall of the garage down to 4 feet.  If the razing of the garage roof was permitted, the resulting lot occupancy for the renovated house would be 53%, according to the applicant. 

 

The proposal is opposed vigorously by the neighbors on both sides of the applicant’s property.  Mr. Lawrence Helms, the owner of 610 E Street and Mrs. Elizabeth Wilcox, owner of 614 E Street, made an extensive presentation urging that the proposal not be approved for a long list of reasons, some of them relating to zoning concerns, some to worries about conditions beneath the ground under these buildings, and some focused on the impact of the project on the historic character of the neighborhood.

 

The Committee recommends that the Commission disapprove of this request.  The Committee is opposed to the razing of the garage roof on the grounds that it will negatively impact the view of the property from South Carolina Avenue, partially remove an historic structure and thus adversely affect the historic character of the neighborhood.  The fact that the garage fronts on the Avenue in the midst of attractive, historic row houses is already a negative factor and to have the garage lose its roof would exacerbate the situation.  The argument offered by the applicant that removing the garage roof and thus taking the footprint of the garage out of the lot occupancy computation so that the footprint of the renovated house can extend further back on the lot is not persuasive.  Rather this aspect of the proposal appears to the Committee to be a clear effort to subvert the spirit of the city’s zoning requirements.  If the applicant wishes to increase lot occupancy above 60%, the proper procedure is to apply to the BZA for a special exception. In any case, this is inherently a zoning matter and ought not be resolved under the guise of a historic preservation review.

 

The Committee is also concerned that the proposed extension of the back of the main house may also negatively affect the historic character of the area.  The size of the proposed extension would bring the building well beyond the building footprints of the neighboring houses and could well be seen from South Carolina.  Because the applicant did not provide elevations showing the impact that the proposal would have on the adjacent buildings, especially from the rear, the Committee invited the applicant to bring such elevations to the full Commission meeting. 

 

The Chair asked Mr. Faque if he had any new information that was not presented at the P&Z meeting.  Mr. Faque responded that he did.

 

Mr. Faque stated that he had met with a conservationist David Morgan who is well known by the Capitol Hill Restoration Society and he likes the project.  Mr. Faque stated that the house appears to be one of the oldest remaining wood framed structures on the Hill.  He also stated that he spoke with Ms. Mary Smith who is the owner of the apartment building that is next door, and according to her, the garage at 511 G Street, SE, is 10 feet wide and 45 feet deep, the same dimensions as the applicant’s garage on South Carolina Avenue.  The applicant said that Ms. Smith reported that the ANC, CHRS, and HPRB all supported razing the G Street garage. 

 

The applicant said he is being upfront in asking for permission to remove the garage roof in order to increase available lot occupancy for the proposed addition to the main house.  Mr. Faque further stated that when they met with Mr. Morgan he suggested that they only remove a portion of the garage roof and to treat it as an open pergola.  He was of the opinion that that would still maintain some of it historic fabric.  Mr. Faque went on to say that HPRB feels that it is part of the historic fabric, but it was not necessarily worth saving.  Mr. Faque provided the Commission with several photos of other properties on the Hill that he said presented similar concerns but that were approved by HPRB. 

 

Commissioner Jarboe stated that the P&Z Committee had asked Mr. Faque to provide it with sightline drawings of the back of the structure.  Mr. Faque stated that he had asked his architect to do this, but when he started to do so, because of the distance, which is well over 100 feet, he indicated that the sightline would be virtually flat so what is illustrated in the pictures he had provided would be what would be seen from approximately 110 feet away.  Therefore, the back of the house would not be visible from the far side of South Carolina Avenue.

 

Commissioner Jarboe stated that the Commission has always been told that if you put a pergola on it counts as a roof for lot occupancy purposes.  Therefore, he wanted to know how putting a pergola on would help him in the lot occupancy question. 

 

Mr. Faque responded that they are not proposing that the entire garage be covered with a pergola.  They are proposing at a little over half would be covered.  Since they are dealing with a different zoning administrator it is his interpretation is that a pergola does not count toward lot coverage.

 

Commissioner Campbell asked was it not true that taking the roof of the garage would change the character of the structure.  

 

Mr. Faque stated that the feedback he received from Steve Callcott and Anne Brockett at HPRB is that they support his application.

 

The Chair stated that she had spoken with Nancy Metzger at CHRS and they oppose the project for basically the same reasons the Commission has.

 

Commissioner Jarboe stated that once they take the back wall and roof off the structure you would be left with the left wall that would then be over 12 feet.  This would require that they get a permit for an illegal fence.  And if he took the wall down to 8 feet to make it legal they would lose the doors and in the end they would end up razing the garage.  Mr. Faque commented that if that is the case they could go for a special exception.  Commissioner Jarboe then stated that if they are willing to go for a special exception for the wall, then they should go for a special exception for the lot occupancy.

 

The Chair stated that the applicant is proposing taking off the roof and attempting to skirt around the zoning law to get his application approved and based upon her observation it would be out of the character for the neighborhood and she agrees with the neighbors that it would be inappropriate.  The Chair then read a statement that had been provided to her that stated “the garage would be a demolition of a 1921 structure defined in the Historic Landmark in the Historic District as razing or destruction entirely or a significant part.”

 

Commissioner Glick stated that the plan is a very creative solution, but a very bad idea.

 

The Chair stated that this comes as a recommendation from the Planning and Zoning Committee, now motion or second is needed.  The Chair then asked all in favor of the recommendation to raise their hands.  The vote was 8-0-1.

 

BZA# 17711, 612 3rd Street, SE – Special exception to operate a bed and breakfast facility (6sleeping rooms)

 

Commissioner Garrison stated that the applicant was unable to attend the prior Planning and Zoning Committee and therefore there was not a presentation on this case at that time.  Commissioner Garrison also stated that there were a number of persons who attended the P&Z Committee meeting that appeared to be in strong opposition to this case.

 

The Chair invited the applicant to make her presentation to the full Commission regarding her case.

 

The applicant, Ms. Diane Powell, provided the Commissioners with a packet of information regarding her application.  Ms. Powell stated that she has been operating a bed and breakfast at 612 3rd Street, SE, since 2004 and she has never had any complaints against her or her operation and most of the people who stay at the business usually are in bed by 10:00 p.m. nightly.  Ms. Powell further stated that clients usually arrive between the hours of 3:00 p.m. and 8:00 p.m., and the only time someone would arrive later than that would be if an overseas plane is late or something of that sort.  Ms. Powell provided the Commission with parking statistics that indicated only about 25% of guests have actually parked at the bed and breakfast location over the past 3 years.  More recently, the rate of parkers among her guests has only been about 18%.  Ms. Powell stated that the packet has some letters of support from her neighbors.  Ms. Powell reviewed a diagram of her property and stated that parking usually is not a problem unless Results Gym is holding aerobics classes and that is only in the early evening.  Ms. Powell stated that because her bed and breakfast is in the Historic District, she is allowed to go up to 6 rooms in her operation as a matter of right.

 

Commissioner Garrison asked what was the relationship between 612 3rd Street and the building on 4th Street that backs up against it, and did she own both properties.  Ms. Powell stated that she did own both properties.  Commissioner Garrison then asked Ms. Powell what was taking place at that property.  Ms. Powell stated that she is currently just renting it out.  Commissioner Garrison asked how many people resided there.  She stated that there are 4 people.  Commissioner Garrison then asked if it was a rooming house.  She responded that it was.

 

The Chair stated that 612 3rd Street backs up to her property and that she had provided the Commissioners with photos and facts regarding the property.  The facts are 612 3rd Street, SE, and 535 4th Street, SE, are owned by Ms. Powell and Mark Huron.  These properties back up against each other in the alley.  The alley is actually owned by 535 4th Street, SE.  The 4 houses on 4th and the house on 3rd Street actually own (not easements) parking spaces in the rear.  The pergola is used as a walkway to the swimming pool at 535 4th Street, SE, and presumably will block the area from parking when it is complete, although there is parking there now.  There were no visible permits for the pergola at 612 3rd Street, SE, nor at 535 4h Street, SE, during the construction of the pergola.  Additionally, the alley is locked during the day by a gate on 4th Street and thus not accessible during that time. 

 

Commissioner Glick asked Ms. Powell if she had a license to rent out the property at 525 4th Street, SE.  Ms. Powell responded that she did not and was not aware that she needed one.  Commissioner Glick stated that she did and encouraged her to obtain the necessary permits.  Ms. Powell stated that she would do so.

 

Commissioner Olson asked if Ms. Powell had any place to convert the property at 525 4th Street, SE into a bed and breakfast in the future.  Ms. Powell stated that she had no plans at this time to do so.  Commissioner Olson then asked if she had any plans to open up the fence on 4th Street property to allow her guests to walk through the pergola on 3rd Street to use the swimming pool.  Ms. Powell stated that at sometime in the future she would like it to be possible to do so.

 

Commissioner Olson stated that she was provided two letters of opposition today to this application.

 

Ms. Powell stated that there is a phone box on a pole in the rear that allows people to contact her when they need access to the alley.

 

The Chair opened the discussion up to hear the neighbor’s comments.

 

Ms. Jackie Parker who lives at 305 South Carolina Avenue, stated that her phone is hooked up to the phone box in the alley and every time she has a phone problem she has to go over to the 4th Street location to get the key to have access to the box.

 

Chuck (last name not auditable) who lives at 301 South Carolina Avenue, stated that he did not have phone service for 3 months during 2007 because Verizon claimed it could not get access to the telephone box that is in a locked area in the center of their block.

 

Jim Mease, who lives at 306 G Street, SE, stated that when the property was originally renovated, no mention was made that a bed and breakfast was going to be there.  Now  the applicant is requesting to expand the operation.  Additionally, Mr. Mease said there is a serious parking problem around the entire area all of the time.

 

Mrs. Mara Kennedy, who lives at 313 South Carolina Avenue, SE, stated that parking is a real problem in the area and she feels that this proposal will only make the problem worse.  Mr. Jerry Kennedy stated that when the addition was built he did not oppose it.  His main concern is that the proposal would further change the residential character of the block by expanding this commercial enterprise.  Mr. Kennedy stated that he would feel the same way if someone wanted to operate a law office, grocery store, or other business.  Mr. Kennedy’s main concern is that in the entire area south of Pennsylvania Avenue, east of 3rd Street, and west of 8th Street, there is great deal of encroachment by commercial activity.  He went on to say that the advantage of operating a commercial enterprise in an R-4 residential district is significant by a factor of millions of dollars because it is far cheaper to buy property in a residential area than in a commercial area.  Mr. Kennedy concluded by stating that allowing the expansion of this commercial enterprise will change the character of the neighborhood and will have an adverse effect on the neighbors.  Under the DC regulations, those are the two reasons not to approve the special exception and he therefore opposes this application.

 

The Chair read a part of the regulations that addressed Mr. Kenney’s specific comments.

 

Commissioner Oldenburg stated her concern about creeping commercial usage and asked if there are any conditions or provisions of the code that can be used to prevent the bed and breakfast.

Commissioner Garrison responded that the code limits the number of B&B units in the Historic District to 6, and that is the limit of the constraint in the current code.  Commissioner Jarboe stated that the code also states that the use shall not be permitted in multiple dwellings for a bed and breakfast.

 

Debra Nailer, who lives at 531 4th Street, SE, stated that parking is already a terrible problem in the neighborhood.  Ms. Nailer then asked if the owner of the 535 4th Street property could come back later with a completely separate application to make that property a bed and breakfast.

 

Commissioner Garrison stated that the owner of that property would have to live within the property before it would qualify as a potential bed and breakfast.  If that was the case then it would have to be treated as a separate application on its own merits.  Technically the owner of the 3rd Street property could not occupy both properties at the same time.

 

Commissioner Jarboe stated that the issue at hand is the project’s compatibility with the residential neighborhood.  Commissioner Jarboe then made the motion that the Commission opposes the application on the ground that 6 units in this particular location is not compatible with the residential neighborhood in which it is located.  The motion was seconded by Commissioner Olson.

 

The Chair asked all in favor of the motion to raise their hands.  The vote was 8-0-1.

 

Eastern Market Committee

 

The Chair turned the meeting over to Commissioner Jarboe to make the Eastern Market report.

 

New personnel at the Office of Property Management:  as mentioned last month, Matt Hussman has joined OPM as the project manager for Eastern Market.  Stacy Norris will be rotating to a new assignment, in keeping with her position as a fellow.  Robin-Eve Jasper has taken over as acting Director of OPM.

 

As reported before, OPM has contracted with Project for Public Spaces (PPS) on the RFP for a unified market manager and issue of managing the market.  There will be a community forum on Thursday, January 17 at Hine at 7 pm.

 

EMCAC continues to be very concerned that OPM is not following the legislation requiring consultation and review of decisions concerning the Market.  OPM has contracted with the Temple Group for construction management services.  In part, this was done because this company was “pre-qualified”.  However, EMCAC expressed strong concerns that the company was not necessarily pre-qualified in areas of historic preservation.  Nor was EMCAC consulted in the process as required.  EMCAC passed two resolutions.  The first expressed its concern of over the lack of process, asked for documentation of the construction management contract and stating that any construction management services company working on Eastern Market must demonstrate historic preservation expertise.  The second resolution requested the creation of a coordinating committee to inform and coordinate the construction activities with the relevant impacted parties, such as merchants, vendors, 7th Street businesses and nearby residents.

 

The market managers stated that they are working on the trash issue.  Two trash compactors and one cardboard box dumpster have been installed.  Apparently, some are using the large construction dumpster for market trash, which is still creating a problem.  OPM and the market manager are looking at ways to stop this trash use of the dumpster.

 

The steel trusses for the roof will be delivered and installed in the next few weeks.  No parking will be in effect on the east end of C Street, next to the market and the shops (where the parking meters are), in order to allow the cranes and steel-delivery trucks access to the Market.

 

OPM announced that bids were opened for the interior renovations.  Five (5) bids were received ranging roughly from $7.5 million to $11.5 million.

 

There was continued discussion at the EMCAC meeting about the North Hall.  Contrary to rumors, Market 5 Gallery has not been evicted (apparently there was come confusion about the locks).  It is unclear whether they have caught up on their back rent.  It appears that the issue of tenant of the North Hall will need to be resolved before the interior renovations of that part of the Market can be carried out.  EMCAC unanimously voiced its concern that OPM make a decision on the tenancy of the North Hall based on the long term best interest of the Market, not for reasons of construction or political expediency.

 

Nothing has happened with the earlier proposal that space under the shed be offered to vendors during the week.

 

The earlier confusion of over the glass to be installed in the windows was clarified, with the appropriate UV and visible light-blocking glass to be installed.

 

There is not any updated information on the lighting on the north plaza. 

 

ANC Ad in Capitol Hill Community Guide

 

The Chair turned the meeting over to the Treasurer, Commissioner Green.

 

Commissioner Green stated that an ad for the ANC in the Capitol Hill Community Guide will cost $246.50 and will need to be paid for during the month of February if the Commission wishes to continue to advertise in the publication.

 

Commissioner Glick made the motion that the Commission approves the expenditure of $246.50 for the Ad.  The motion was seconded by Commissioner Wright.

 

Commissioner Garrison asked if the expenditure is currently part of the commission’s budget.  Commissioner Jarboe responded that since the Commission was not always sure it wanted to use this publication it was not, and that was the reason it was being voted on now.  Commissioner Garrison suggested that the Commission consider adding this expenditure to its annual budget.

 

The Chair asked all in favor of supporting the motion to raise their hands.  The vote was 8-0-1.

 

Security Fund

 

Commissioner Green stated that the Commission needs to approve the Commission’s participation in the ANC Security Fund and authorize the treasurer to pay the $25.00 fee for the period of January 1, 2008 through December 31, 2008.  Commissioner Green continued by stating that the Chairperson and Secretary are authorized to execute the necessary agreements.

 

Commissioner Glick made the motion that the Commission authorizes the expenditure for the ANC Security Fund.  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).

 

Approval of Minutes

 

The Chair turned the meeting over to the Secretary, Commissioner Garrison.

 

Commissioner Garrison stated that the minutes of the December Commission meeting had been reviewed and corrected and are ready for approval.  Commissioner Garrison made the motion that the minutes be adopted as reviewed.  The motion was seconded by Commissioner Wright.

 

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

 

Adjournment

 

There was no further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of February 12, 2008.  The motion was seconded, and the vote was 9 to 0.

 

Meeting Adjourned.

 

Prepared by Bert Randolph

 

Attested: