Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

June 13, 2006

 

 

Commissioners Present: Will Hill, Antonette Russell, Neil Glick, Scott Cernich, Ken Jarboe, David Garrison, , Mary Wright, and Executive Director, Bert Randolph.  Commissioner Francis Campbell arrived after start of meeting.

 

Commissioners Absent: Julie Olson, and Sandra Brown Thomas

 

Chairperson Scott Cernich chaired the meeting and the Commissioners introduced themselves.

 

There was a quorum for conducting business.

 

Adoption of Agenda

 

The Chair stated there are a few items that need to be added to the agenda.  The first under Planning and Zoning there has been a request for a letter of support for picnic in Garfield Park by Capitol Hill Presbyterian Church.  Also there is a request for a letter of support from Community Connections, which is a non-profit that is located at 801 Pennsylvania Avenue, SE, who is applying for a loan to purchase the building at 801 Pennsylvania Avenue, SE.  He stated that HPA #06-181, 221, 223 & 225 11th Street, SE are not on HPRB’s agenda for June so they will be removed from the agenda. 

 

The Chair then moved that the agenda be adopted as amended.  The motion was seconded by Commissioner Russell.  The Chair asked if there were any objections.  Hearing no objections, the Chair stated that agenda was adopted as amended.

 

Community Speakout

 

A representative from Capitol Hill Presbyterian Church rose and stated that she was requesting a letter of support for a permit to hold their annual Church Picnic at Garfield Park, 3rd and G Streets, SE.  The picnic will be on June 25th from 11:00 am until 3:00 pm.  There will be approximately 75 people in attendance.  They will have no sound amplification equipment.  They will be cooking on portable charcoal and gas grills.  They will possibly put up a small picnic canopy. As required by DC Parks and Recreation, they will rent a porta john for the event.  They promise that the park will be cleaned and left in the condition in which they found it.

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Mr. Randolph informed her that if they were having a porta-toilet to caution whoever they are renting the unit from that they are not allowed to drive onto park property to make delivery.  This is to prevent potential damage to the underground sprinkler system.

 

The Chair made the motion that the Commission sends a letter of support.  The motion was seconded by Commissioner Garrison.  The Chair then asked all in favor to raise their hands.  The vote was unanimous (6-0).

 

Ms. Pat Taylor who lives on 17th Street, SE complained about people who purchase property on a corner lot and then fence in some are all of the land on the side of their houses.  She stated that this was not right because they are fencing off public space.  She went on to say that there is one such person on her block (301 17th Street, SE) and that she had tried to stop them without any success.  Ms. Taylor stated that she has contacted the city about this problem on several occasions but nothing has happened.  She wanted to know if there was anything the Commission could do to help address this problem.

 

She was asked if she had contacted DCRA regarding this issue.  She had not contacted DCRA, but she had spoken and e-mailed the public space office without any success.

 

Ms. Taylor also mentioned that in the 300 block of 15th Street they are putting up a big condo building which will be about 4-story tall and there are others being built in the area.  She is concerned about builders buying residential property and tearing it down and replacing it with large condo structures.  She is concerned about the impact that this type of development will have on her neighborhood and wants to know if there is anything the ANC can do to prevent it.

 

The Chair stated that Ms. Taylor’s  street would have to be rezoned in order for that to happen on her street. He went on to say that the only reason that a developer could do that on 15th Street is because it is zoned C-2 or C-3 where as her street is zoned C-4.  He explained that 15th Street is zoned commercial which allows for those types of structures to be built and 17th Street is zoned residential.

 

Ms. Amy Marx rose and stated that she has been a vendor at Eastern Market for fifteen years and that she has a lease for the space at the NW Corner of 7th Street and N. Carolina Avenue.  She stated that the city has begun constructing a lamppost in the space she rents and that it is interfering with her ability to conduct her business.  She went on to say that there is a functioning lamppost already on the corner and she believes that the city may be planning to convert the curb to a handicap access curb.  She is asking that either the ramp be placed a few inches further from the existing lamppost or that the entire corner be handicap accessible and to have the ramp end a few inches further from the existing lamppost so that there is enough room for the ramp, lamppost, and her space.  She is therefore asking for the Commission’s help in preventing the completion of this lamppost.

 

The Chair stated that the Commission would reach out to Chris Delfs at DDOT to see if he can be of assistance in this matter.  He also asked her if she had spoken with her landlord about her problem.  She responded that she had.  Commissioner Glick informed her that her landlord should be speaking with the various agencies involved in this because he is her agent.

 

Frank Zampatori rose and stated that he lives near the DC Jail and wanted to announce that there would be a Community Meeting on June 19th at Payne Elementary School with the Department of Corrections and it will start at 6:30 pm.  The purpose of this meeting is to discuss the jail escape that occurred on June 3rd, how it happened, new procedures to alert the neighborhood and what their investigation has uncovered this far.   He went on to say that he is hoping that many of the people who live in the area of the jail will attend.  He stated that Councilmembers Sharon Ambrose and Phil Mendelson (Chair of the Judiciary Committee); Devon Brown, Director of the Department of Correction and Commander Groomes, 1st MPD District will be in attendance.

 

Ms. Elizabeth Heir with the Christ Our Shepherd Church located 801 North Carolina Avenue SE stated that her church was seeking a letter of support for them to hold a picnic on July 2nd at Garfield Park.  They expect to have an attendance of 75-150 people and they will have a porta-toilet, and there will not have amplified music.  She stated they already have the necessary Parks and Recreation Permits. 

 

Mr. Randolph informed her that if they were having a porta-toilet to caution whoever they are renting the unit from that they are not allowed to drive onto park property to make delivery.  This is to prevent potential damage to the underground sprinkler system.

 

The Chair made the motion that the Commission sends a letter of support.  The motion was seconded by Commissioner Wright.  The Chair then asked all in favor to raise their hands.  The vote was unanimous (6-0).

 

Community and Commission Announcements

 

None

 

Presentations

 

Illegal Construction 700 Block 13th Street, SE – Presenter Bryan Cassidy

 

Mr. Cassidy made a very informative presentation regarding illegal construction in his neighborhood at 724, 740, and 742 13th Street.  He cited numerous violations such as building late at night and on Sundays, ignoring Stop Work Orders, building a fence on public space, no excavation permit, and building structures without conferring with neighbors.  He mentioned that he as spoken with DCRA, Public Space, Health Department and others without any action being taken.

 

After making his presentation he requested that the Commission make an appeal of the Zoning Board’s building permits with which his neighbor is not complying.  Mr. Cassidy stressed that something must be done before time runs out.  The Chair asked what was the deadline to make an appeal.  Mr. Cassidy stated that it was 60 days from April 24th, which means the deadline is June 24th.  It was decided that the Chair and Commissioner Jarboe would meet with Mr. Cassidy after the Full ANC Meeting to develop a strategy to address his concerns.

 

Planning and Zoning Committee

 

The Chair turned the meeting over to Commissioner Russell, Vice Chair of the P&Z Committee to make the report.

 

P.S.  # 19339, 701 N. Carolina Ave, SE

 

Gabriele Tripodo and Gina Sangster Hayman, the owners of Port City Java, are seeking an application to install an unenclosed sidewalk café adjacent to 701 North Carolina Avenue, SE.  The sidewalk café would include 10 tables and 40 chairs.  A chain and pole fence border would be placed 10 feet from the curb and taken in every night. Port City Java’s weekday and weekend hours are from 6am-9pm. 

 

Two residents expressed support for the sidewalk café application; Mark Shlien from 221 8th Street SE and Kenya Dixon from 29 7th Street, SE.

 

As there are no concerns from the Commissioners, thus the committee recommends this to the full ANC for approval.

 

The Chair stated that this matter comes before the Commission in the form of a recommendation is a motion requiring no second.  He then asked all in favor of supporting the sidewalk café to raise their hands.  The vote was unanimous (6-0).

 

P.S.  # 19351, 723 8th Street, SE

 

Gaynor P. Jablonski, representing the owners of the Ugly Mug (the building is owned by Barbara Held Reich and Catherine Held), seek a public space permit for the purpose of installing an unenclosed sidewalk café adjacent to 723 8th Street, SE.  No permanent attachments would be placed on the sidewalk or building.  The sidewalk café would consist of 6 tables and 12 chairs six feet away from the landscape area parallel to the street.  The space would be fenced in with flower boxes and chains. Furthermore, there will be no music speakers within the sidewalk café area. 

 

The Ugly Mug is open for business Sunday thru Thursday from 4pm – 1:30am and Friday thru Saturday from 4pm to 2:30am.  Mr. Jablonski explained to the Commissioners that most of the other establishments on 8th Street do not use their patios past 11pm.  It was suggested to Mr. Jablonski that he obtain information about the other restaurants and their approach to their sidewalk cafes (i.e. Starfish, Belga, Marty’s, etc).

 

The Commissioners indicated that they were willing to support this application once Mr. Jablonski provides information about the hours of the other sidewalk café of 8th Street.                        

 

Mr. Jablonski stated that the opening hours for many other establishments along 8th Street each day is 11:00 am.  He further stated that the other restaurants and bars on 8th Street operate their sidewalk cafes in accordance with the liquor license full hours of operation.  He also stated that he observed the various sidewalk café operations last week.  Regarding the hours the other establishment were operating, the latest he saw anyone sitting outside was around 1:30 am on a Friday night at Marty’s.  Marty’s tables and chairs are out until the close.  He further stated that he will have planter boxes but will not use any chains to designate his sidewalk café serving area.

 

The Chair asked if there was any new information or questions regarding the application.

 

Commissioner Glick expressed his concerns with the Ugly Mug because of past experience with this establishment such as the DJ, noise affecting the tenants above his establishment, and the noise from the patrons as they leave his place late at night, and he believes that they are always trying to bend the rules.  He went on to say that for some reason he does not have a 100 percent trust in what is being presented by the Ugly Mug and he feels that there is a hidden agenda, something else will come up because of this application and he was hesitant about supporting this application.  He believes that the Ugly Mug is always pushing the envelope with its liquor license as to what they can and cannot do and he thinks it is becoming more and more like a night club without a night club license.

 

The Chair noted that since the Commission does not have an actual recommendation from the Committee regarding the Ugly Mug’s application, a motion is required.

 

Commissioner Russell made the motion to support the Ugly Mug’s application to public space for a sidewalk café.  The motion was seconded by Commissioner Wright.

 

The Chair asked all in favor of the motion to raise their hands.  The vote was 6-1.

 

P.S.  # 19356, 1420 Pennsylvania Avenue, SE

 

Mark Menard, a co-owner of Trusty’s, is seeking an application to install an unenclosed sidewalk café adjacent to 1420 Pennsylvania Avenue, SE.  The sidewalk café would seat 8 patrons within an area of 77 square feet.  There is an existing fence located on a neighboring property, which is 3 feet in height and on the west side of Trusty’s.  A rope and 3 feet stanchions will border the southern edge of the café area, which will be 10 feet from the Pennsylvania Avenue curb.   Furthermore, there will be no music speakers within the sidewalk café area. 

 

As there are no concerns from the Commissioners, the committee recommends this to the full ANC for approval.

 

The Chair asked if there was any new information or questions regarding the application.

 

Mr. Menard stated that he would be using planters to help designate with serving space.  Commissioner Jarboe asked if the planters are being required by ABRA.  Mr. Menard responded that they are not.  He stated he think they are some beauty to the sidewalk area and referenced those being used on 8th Street and upper Pennsylvania Avenue as examples.  Commissioner Jarboe stated that he too thinks they made the space classier, but as they continue to encroach on public space and they come further and further out onto the sidewalk, they can become more of a problem.  Mr. Menard stated that it is the patrons who from time to time gradually move the planters and boundary makers out into the sidewalk area, and he and his staff tries , when they notice, to pull them back where they should be, which he believes  is a similar practice followed by all sidewalk cafés .  Commissioner Jarboe added that it is not so much of a problem on 8th Street because the sidewalks are wider.  He continued by saying that it was the 200 and 300 block of Pennsylvania Avenue where the real problem is.

 

The Chair then asked all in favor of supporting the Committee’s recommendation to support Trusty’s application to raise their hands.  The vote was unanimous (7-0).

 

HPA # 06-181, 221, 223 & 225 11th Street, SE

 

There is no HPA issue with this case because the structure conforms to historic preservation requirements.

 

HPA # 06-138, 214 South Carolina Avenue SECapitol Hill Day School

 

David Cox, representing the Capital Hill Day School as an architect, presented modified plans for an expansion of the Day School.  The Day School would like to expand because it is difficult to with the current confined space, the building is mechanically unsound, and the school lacks a secure entryway.  The modified plans include new entryway.  The new entryway would be built between the school and the next door row house also owned by the school.  The row house would be used for administrative offices.  The modified plans also include excavating 17 feet below grade in order to create a multipurpose room large enough to hold the entire student body, faculty and staff (about 250 seats).

 

To address possible noise disturbance from the HVAC system to be located on the roof of the new construction, acoustic sound walls would be built around and 3 feet higher than the units HVAC equipment.

 

Bradley Pine who lives at 216 South Carolina Avenue, SE, voiced his concerns regarding the proposed addition and wanted to have any decision on the application delayed.  Subsequent to the meeting on June 7th, Mr. Pine submitted for the record the following e-mail message:

 

The gist of the correspondence is that important elements of their plan had never been presented to us or other members of the community prior to their presentation last night including:

  • The addition of a door to the east side of the building which has the potential to significantly increase noise and traffic in the backyard area and which seems quite unusual in a historic context.  This was first presented on the drawings showed the Historic Society on Monday night (6/5) and I don't believe and other neighbors have ever seen that element of the design.
  • The plan to request a new subdivision of the 214 lot and the main school lot into one legal lot.  This contradicts both the spirit and the specifics of our agreement not to alter 214 South Carolina in a way that changes its historical character as a residence. It will likely also have unforeseen impacts on the school's use agreement for 214 going forward.

We ask that this be included in our file and be considered as you determine your recommendation.

 

Thank you,

 

Bradley and Catherine Pine

216 South Carolina Ave, SE

202-547-0474

 

The Committee understands the concerns voiced by Mr. Pine but feels that the applicant has made every reasonable effort to adjust their plans to satisfy as many concerns as are economically and reasonably feasible.  As there were no concerns from the Commissioners, the Committee recommends this to the full ANC for approval.

 

Commissioner Jarboe asked for a point of clarification.  He stated that it was his understanding that the Commission was dealing only with the HPRB issue at this time.  He went on to say that the subdivision issue the Pines are bring up deals with zoning and will be heard at a later date.  The architect responded that Commissioner Jarboe was correct that the issue is for zoning and not HPRB and will be heard later.

 

The Chair asked if they had a date for the BZA hearing.  Winfield Sealander, a trustee at the school, stated that they have not applied to BZA yet, but anticipate doing so in July.  He further stated that their Use Agreement under which they are operating at the 214 property expires in July. They will be making an application to renew that use agreement with the BZA and in addition they will be making an application for the new addition at that same time.  He understands there will be a hearing scheduled after the application is made and he believes that hearing will be in October or November timeframe.

 

Commissioner Garrison stated that since the P&Z Committee meeting there have been a blizzard of e-mail regarding this application in the last week and he is interested to see if any of that activity has resulted in changes in the school’s plans.  He went on to say that he understood that school officials had continued consulting with the neighbors while talking with the commission. To the extent to which these further conversations produce refinements in the plans to which all parties agree, that is clearly helpful. Commissioner Garrison stated that it was to the school’s credit that it was still attempting to do accommodate the neighbors’ wishes. He wanted to know if there are any changes since last week.

 

Mr. Sealander stated that a result of the e-mails there was a great deal of concern voiced about (1) the proposal to door in the wall between the school and the adjacent row how and (2) the proposal to combine the two lots.  These issues are posed by the existing use agreement for 214 F Street.  He stated that their current use agreement directs the school to use the rear door of 214 for access to the building.  The school is encouraged not to use the front door of 214, so building a side door to the rear lot of 214 would permit the school to continue to follow the use agreement they are renewing.  He further stated that the Day School has no great love for the door, but it would make things much more convenient to move back and forth between the two buildings.  Mr. Sealander stated that they are not wedded to the door being there, so if it is a matter of community concern, they could in theory  not put in a door and also not  combine the two lots,  doing so would require that they  address the issue of accessing 214.  .   The school Head Master stated that the rear entrance would only be used by staff and not students, which would substantially reduce the amount of foot traffic entering the 214 building.

 

Mr. Cox stated that he has been in communications with Anne Brockett at HPRB regarding the modifications in their plans and she has made a few  suggestions, which there are working to incorporate into the plan.  One of her main suggestions was to raise the front wall in front of the building to hide the HVAC unit on the roof, which he believes they can easily do.

 

Commissioner Garrison stated that at the P&Z meeting last week, it was stated that they would be meeting with the Capitol Hill Restoration Society last week. The Commission has not heard from the CHRS directly and he wanted to know if there was anyone from CHRS present who could speak to the discussions.   

 

Mr. Sealander responded by saying that he had spoken with Nancy Metzger and because the case had been  bumped to the July HPRB agenda, she felt they had more breathing room in order to make her notes, so she has not completed them yet. 

 

Commissioner Garrison stated that since he was new on the Commission, he wanted to know if it is normal procedure to act on something like this when there are so many moving pieces as in this situation?  He went on to say that as he understands that the Commission is being asked to make a final decision on the HPRB portion of this case when there appears to be some HPRB issues still unresolved.

 

The Chair stated that this type of situation seems to always exist with HPRB cases, so what we usually do is to say that the Commission thinks this case is okay, but here are the things we would like to see done.  Therefore, in as much as HPRB takes our recommendations into consideration, we are hopeful they will resolve the issues we identify.  In those cases where were have serious issues, the Commission will oppose a project. 

 

Commissioner Garrison wanted to know if the Commission normally has the views of CHRS on a case before the case comes before it.  The response from the Chair and others was that this occurs sometimes but not always. 

 

Commissioner Jarboe stated that part of the difficulty with the HPRB process is trying to pen down exactly when a decision gets made, because it is never actually gets made until  late in the process.   Usually all of the cases go before the board and staff at a conceptual level, and then the board makes a recommendation and turns it over to the staff, who in turn works with the applicants to secure final approval.  He went on to say that technically HPRB is not the final decision maker, they recommend to the mediation group at the preservation office.  Thus it is always a moving target and the best the Commission can do is to weigh-in and state our opinion on the case.

 

Commissioner Garrison mentioned that the two issues at play since last week – the side door and the lot combination – both appeared to be zoning issues.  He asked if he was correct that there were zoning issues that comes later on in the process.  Commissioner Jarboe stated that he was correct.

 

Mr. Cox stated that a concept level approval by the HPRB on the issue about the connections between the buildings is usually not a big problem.  He went on to say that where this is concern, the HPRB might say it approved the concept, but don’t want to see an opening and the matter is resolved later in the process.  He anticipates this will happen in this case before final approval is granted.

 

Brad Pine whose letter was read as part of the P&Z Committee minutes rose and stated that an approval from the ANC should have great weight with HPRB, so what is determined now will impact the final decision.

 

The Chair stated that he was correct and that is part of the challenge the Commission faces as well as in light of the fact that the Commission must make a decision by a deadline date, so the Commission must make a decision based upon the best information it has at the time.  Mr. Pine then asked what did he mean when he said the Commission had a deadline to respond.   The Chair stated that if the Commission does not provide comments before their meeting with HPRB, then the Commission is left out of the decision-making process.

 

The Chair asked if there were any other comments or questions.

 

Mr. Robert  Krughoff who lives close to the school on South Carolina Street  rose and stated that he as lived in the area for over 37 years and the school has been an a great asset for the neighborhood and  Capitol Hill in general.  He further stated that it appears that Capitol Hill Day School has gone back and forth with the neighbors and it appears the neighbors have drawn a line in the sand in regards to the size of the new building, so he wanted to express his views.  He believes there have been compromises made regarding the plans in that the applicants have made a lot of changes that they initially said were impossible to do.  So now the building will be much smaller and not such an overwhelming structure as originally planned.  In regards to the zoning laws, he believes the laws should be adhered as written, without exceptions.  He concluded by stating that he believes that the decision should be to say it does not work as it is currently configured. 

 

Commissioner Garrison stated that he understanding Mr. Krughoff’s comments, but the task at hand tonight is to deal with the HPRB issues and come back later and deal with the zoning issues.  Therefore the zoning issues Mr. Krughoff notes will be taken up at a future meeting.

 

Michael McCabe who lives in the 200 block of E Street, SE rose and stated that he has been a Hill resident since 1977 and he provided a copy of an e-mail he had sent to the ANC office today (which has been added to the file) expressing his concerns with this project.  He went on to say that he was frustrated with the process itself and especially with the last community meeting that the school held.  He stated that what now is being called a door in the back of the building was a window and school indicated they were considering removing the window that would overlook 214 and then instead of removing it, it now as become a door in the latest plan.  He also stated that it was his understanding that originally it was planned to have a covered awning connect with the 214 structure.  Also at that meeting the he and the neighbors talked about the plans for 214 and made it very clear they were concerned about it continuing as an academic facility and not a residential facility. There was a great deal of discussion about the row house’s future and the possibility of it becoming apartments that could be used by staff.  Now that the school is talking about using the row house strictly as an office, that raises concerns at to what is going to be the future of that facility and what will be its impact on the community.  He went on to say that he believes this addition will make to school larger even though the school said they were not going to add any classes, and that it will cause parking and other problems associated with the increase in student population.

 

The Chair stated that there is a recommendation from the Committee that the Commission supports this application and he has heard some comments regarding some specific issues that Commissioners may see that there is something they might want to add, but he wanted to know if there were any amendments to the recommendation. 

 

Commissioner Garrison again stated his concern with the mixing of HPRB and zoning issues in this case and wanted help in separating the two.

 

Mr. Cox stated that if the door is raising such a concern with the neighborhood they are willing to deal with the door.  He added that the door was a convenience issue to allow teachers and administrators to move freely between the two buildings, but the second floor can be used to connect the two.  However, they must have some way of entering the 214 building.

 

Commissioner Jarboe asked for clarification from Mr. Cox and the Head Master regarding the use of the rear entrance in their Use Agreement.  The Head Master said that the agreement discourages the use of the front door so the kids use the backdoor of the row house when moving between it and the back of the Dent Building.  Thus, they use this passageway on a regular a basis to move back and forth between the two buildings.  There are a number of classes of students that currently use this pathway for entrance and exit between the two buildings each day.

 

The Chair asked what was the concern regarding the backdoor.  He was informed that it was originally a window and now it is to be a backdoor.  Commissioner Jarboe stated that it appears the concern is that putting a door in will increase the noise and traffic.  There currently is a backdoor in 214, but the concern is the backdoor that will be in the new (Dent) building.  Commissioner Jarboe then added that he could not see what the issue with the door could be, if the kids are going in and out of the backdoor of 214 now and when you change the need for a back entrance to administrative use, then the amount of traffic and noise should be greatly reduced.  He concluded by saying that he was happy to support the proposal as is.

 

The Chair stated that the recommendation from the Committee in the form of a motion requires no second.  He then asked all in favor of supporting the Committee’s recommendation to raise their hand.  The vote was unanimous (6-0).

 

BZA #17497, 516 5th Street, SE

 

Gretchen Hesbacher is the owner of the home at 516 5th Street, SE.  She seeks a variance from the lot occupancy requirement, a variance from the side yard requirement, and a variance for a  non-conforming structure to allow an addition to a single-family semi-detached dwelling.  The owner’s property is unique because regardless of how she reconstructs her property, she would violate zoning restrictions. It is impractical to build a conforming side yard given the space of the lot.

 

There exist no issues of light, air or privacy of adjourning neighbors and the owner has letters of support from her neighbors.  As there are no concerns from the Commissioners, the committee recommends this to the full ANC for approval.

 

Commissioner Jarboe requested a point of clarification and asked it he was correct that this was an application for a variance not a special exception.  The reply was that he was correct.  He went on to say that the justification for a variance is the uniqueness of the property and hardship of not being able to conform to zoning requirements.  

 

The Chair asked if there was any new information regarding this case and the reply was that there was none.  The Chair then asked all in favor of adopting the Committee’s recommendation to raise their hands.  The vote was 6-0-1.

 

ZC Case #05-21A, Text amendment-pet grooming, pet shops, veterinary hospitals, and animal shelters as special exception uses within C-2

 

The Commissioners oppose the enforcement language.  The text amendment would require all vets to have a special exception and be prohibited if their establishment abuts a residential neighborhood.

 

Commissioner Jarboe said that this is a new zoning ordinance that is an outgrowth of an earlier ordinance having to deal with pet boarding in places like Dogma, there was nothing in the zoning laws that allow for those and there was a problem having to do with them being in residential areas.  The Zoning Committee had specifically asked the Office of Planning at that time to see if they were treating all animal care facilities consistently and of course they were not.  So the Office of Planning proposed the exact same language for pet shops, pet grooming and veterinary clinics, veterinary shelters.  The problem with this approach is that it may be appropriate for animal shelters, but it would prohibit every pet shop, pet grooming and veterinary clinic if is in a commercial area that abut a residential area.  The problem here on Capitol Hill is that all of our commercial areas abut residential areas, and almost all abut residential uses areas.  He cited the example of 8th Street and the number of pet related businesses that are behind a residential building and the fact that with this zoning they (only new like businesses) would not be allowed He is sure it was not the intention of the proposed new zoning to prevent these types of ventures, but instead that a special exception would be required.  Commissioner Jarboe made the clarification of the Committee Report to reflect that the Commission opposes the language, but suggests that the Zoning Commission change the language such so that specifically pet shops, pet grooming and Veterinary clinics could be in a residential section with a special exception.

 

The Chair then asked Commissioner Jarboe if the proposed zoning would categorically prohibit those types of establishment unless they currently exist.  He responded it would prohibit them categorically if they abut a residential use or residential zone.

 

The Chair then asked all in favor of supporting the Committee’s recommendation to raise their hands.  The vote was unanimous (7-0).

 

The Chair then appointed Commissioner Jarboe to be the person authorized to speak on behalf of the Commission before the Zoning Commission in regards to this case.

 

Designation of Barney Circle as a Historic District

 

Reuben Hameed Vice president of the Barney Circle Watch Association and Beth Purcell presented information on the process of making the Barney Circle Neighborhood a Historic District.  Mr. Hameed stated that discussion and research of the proposal has taken place over the course of a year and has included two public meetings.  He added that, as means to educate the neighbors and explain the benefits and pitfalls to being within a Historic District, they distributed to neighbors informational sheets with questions and answers regarding the pros and cons of becoming a historic district. 

 

The Barney Circle Neighborhood Watch Association is requesting ANC 6B’s support (sponsorship) of their request for an historic designation.  With the ANC’s sponsorship (support) they will be able to avoid having to pay the $1000 Historic District application fee.

The reasoning behind creating a Barney Circle Historic District is to preserve the character and integrity of the neighborhood.  The designation of Barney Circle is a matter of public interest so that it’s aesthetic, economic, and social benefits will be maintained and enriched for present and future generations.

The designation would be small and include only 117 homes. Other small neighborhoods in the city have acquired such a designation, such as Grant Road Historic District, which includes the 4400, 4500, and 4600 blocks of Grant Road, NW.  That historic district includes roughly the residents at 4426, 4430, 4434, 4537, 4543, 4547, 4555, 4661, and 4565 Grant Road; 3831 and 3837 Albemarle Street; 3812 Brandywine Street and 4425 Wisconsin Avenue, NW.

 

The Committee advised the representatives to present the proposal to the Full ANC with a petition of support from neighbors within the proposed Barney Circle Historic District. Once this task has been completed their proposal would be considered for addition to the next ANC agenda.

 

St. Coletta Nonconformance to PUD Report

 

The Chair stated that this related to the driveway that was constructed by St. Coletta that was aimed in the general direction of Burk Street that was not in accordance with the plans that were shown to the Commission by St. Coletta.  Commissioner Campbell and well as other residents in the area brought this to the attention of St. Coletta, who has agreed to repair it.  It was surprising the Mr. Karcher was the person who came into the meeting and presented the maps to show the Commission how he was confirming to our wishes in regards to that driveway.  Yet in his correspondence, he seems to be surprised by this whole situation, which has been as issue since day one.  At any rate, they have promised to correct the way in which the driveway will be constructed to comply with the prior agreed to plans.

 

Community Connections – Letter of Support

The Chair stated that Community Connections has requested the Commission’s support and he wanted to know if anyone from Community Connections was present to represent their request.   There was no one present.

 

The Chair then stated that the Commission received a letter from Community Connections with is a non-profit agency located at 801 Pennsylvania Avenue, SE.  They are applying for a loan from the Department of Housing and Community Development to purchase the building that they are in, under which they will get a low interest rate that will allow them to continue to lease the building to several other non-profit business.  He went on to say that they have asked for our support in their application.

 

Commissioner Jarboe stated that he would object to the Commission moving forward on this without more information.  He further stated that when he represented that area there was concern as to what the building would actually be used for and he would like to have that aired before moving forward.

 

The Chair stated that this was in his SMD and he totally agreed with Commissioner Jarboe’s assessment.

 

ABC Committee

 

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

 

Commissioner Wright made the following report:

 

License Renewals

 

Lic#2195, Safeway, 415 14th Street, SE, Retailer A

 

Since no representative from Safeway was present, the ABC committee takes no position on the renewal.

 

The Chair asked if there was anyone present to represent Safeway.  There was no one present.

 

Commissioner Jarboe mentioned that the Commission has a Voluntary Agreement with Safeway that they will not sell single beers.

 

Lic#25523, JJ Mutt Wine & Spirits, 643 Pennsylvania Avenue, SE, Retailer A

 

Amarjit Bhuller was the representative for JJ Mutt’s

 

Although JJ Mutt’s adheres to the basics of a standard Voluntary Agreement, Mr. Bhuller was not comfortable in renewing a voluntary agreement at this time.  Since then he has signed a Voluntary (Cooperative) Agreement with the ANC.  Since there were no objections or concerns from the community, the ABC committee recommends the ANC support the license renewal.

 

Commissioner Jarboe wanted to know what changes were made in the new Voluntary (Cooperative) Agreement.  He stated the reason he asked is because voluntary agreements last the life of the license and there was no need to renew the voluntary agreement. 

 

The Executive Director, Bert Randolph responded that there were three (3) main additions.  The first was that the applicant shall place purchases of single containers of beer or malt liquor in sizes of forty (40) or fewer ounces (“singles”) only in clear or translucent plastic bags.  Second, the applicant shall not give away disposable cups in quantities of three (3) or less or give away loose bags of ice. Finally, they agree to interact with the police department to address any activity or problems associated with their operations to assist the resolving the problems and they attend at least two (2) PSA meetings in their area.

 

Commissioner Glick stated that the Commission does not support an application, it either opposes or not oppose the application. 

 

Commissioner Jarboe responded that the Commission only supports an application if there is a ban on the sale of singles, which has the same effect as to not oppose.

 

Commissioner Glick then offer a friendly amendment that the Commission change the Committee report to read that ANC 6B does not oppose the application.  The motion was seconded by Commissioner Jarboe.

 

The Chair then asked all in favor of adopting the Committee Report as amended to raise their hands.  The vote was unanimous (7-0).

 

License Modifications

 

Lic#71793, The Ugly Mug, 723 8th Street, S.E.

 

Gaynor Jablonski, the representative for The Ugly Mug, requested the support of ANC 6B for a sidewalk café.  The outdoor café will have 6 tables and 12 chairs.  There will be no music and no DJ.  Hours of operation will be 11:30-1:30 Sunday-Thursday.  The hours for Friday and Saturday are 11:30 am to 2:30 am.  Mr. Jablonski indicated community support for the outdoor café and no objections were voiced from the community.  He also indicated that due to some type of mix-up with ABRA, his original application was misplaced (lost), but he did not have a placard on display at the business.  However, according to him, ABRA assured him that he would have a placard to put in place by Tuesday, June 13, 2006.  He also indicated plans for possible future expansion.

 

The ABC committee recommends support of the outdoor café.

 

Mr. Jablonski stated that since ABRA lost his application and his application for public space has been approved, it was suggested by the staff at ABRA that he request a Stipulated License because his hearing is not until August 16th, which would allow him to begin serving effective July 1st.

 

The Chair asked if he had a copy of the placard, which he did not.  He responded that he did not because they only give him one and he put that one up.

 

Mr. Randolph seeking a clarification asked Mr. Jablonski, asked if he was correct in saying that he wanted to change his request to seek a stipulated license instead of an actual license to serve liquor on the sidewalk.  To which Mr. Jablonski responded that he was correct.  He went on to say that since the application was put in two (2) months ago, he should have had a placard over a month ago and he would have been in position to secure his license to serve liquor on the sidewalk in concert with obtaining the approval of his public space application.   With the approval of a stipulated license he will need to appear before ABRA on August 16th to receive his actual license to serve liquor on the sidewalk.

 

The Chair asked if there were any questions or comments regarding his request. 

 

Commissioner Glick stated that this is the only business on 8th Street that he has heard any complaints about.  He expressed his concerns about the Ugly Mug being allowed to serve alcohol until 1:30 and 2:30 am on the street and the noise that will be generated as a result of this.  Therefore, he will not support this and he called on his fellow Commissioners to not support this.

 

The Chair asked him what specific complaints he was speaking of.  Commissioner Glick responded that it was complaints of loud music and the landlord tenant issues that were brought before the Commission previously.   He went on to say that he would support a stipulated license with the stipulation that the applicant does not serve after 10 pm on the sidewalk.

 

Commissioner Jarboe stated that he was a little concerned because he did not like voting on something without the paperwork, especially an alcoholic beverage case before the Commission where there is not placard in place.

 

Commissioner Garrison asked if he was not correct that the purpose of placards was to provide the community with some notice that a liquor license application, so the Commission’s ability to assess the community impact of this license is partly depending on this.  However, he does understand the Ugly Mug’s position with the lost of his original application.  He stated that it does put the Commission in an awkward position.

 

Commissioner Jarboe said that the liquor laws state that in order to protest a license such as this, the ANC has automatic standing, but individuals do not. It must be a group of five (5) or more.  Therefore it is extra incumbent on the ANC to get the community’s input.  He went on to say that having said that, the stipulated license process is similar to a test case.  This is because the Commission could approve a stipulated license, but if there was one complaint the stipulated license goes away (pulled).

 

Commissioner Garrison asked if the Ugly Mug would have an opportunity to be heard on the matter and Commissioner Jarboe responded that there would be a hearing held and they would be given an opportunity to respond to the complaint.  He went on to say that if there was a complaint and because the applicant is asking to be given a license before they go through the public hearing process, so one (1) complaint would mean the license could be yanked.  He concluded by saying that since it appears that the Commission will be holding a Special Meeting in July, the Commission can support the stipulated license because it will have an opportunity to review the stipulated license situation and if there are any complaints the Commission can protest the whole license.

 

The Chair then made the motion that the Commission supports a Stipulated License for the Ugly Mug.  The motion was seconded by Commissioner Wright.  The Chair then asked all in favor to the motion to raise their hands.  The vote was 6-1-0.

 

Marvelous Market

 

Seth Shapiro, franchise owner for Marvelous Market, which will be at 7th and C Street, SE, introduced himself and announced pending plans for a beer and wine license. Scheduled opening is September 1, 2006.

 

Commissioner Jarboe stated that it was his understanding that this would be on of the cases that the Commission will be hearing at the Special Call Meeting in July.  Commissioner Wright responded that he was correct.

 

Commissioner Jarboe added that the owner has committed to signing a Cooperative (Voluntary) Agreement to not sell single beers, to which, everyone was very pleased.

 

Committee reports and announcements

 

There were none.

 

Approval of Commission Minutes

 

The Executive Director stated that he had e-mail each Commissioner copies of the minutes for January, February, April, and May and they were asked to review them and make any corrections they saw fit, and he had not gotten anything back in response, therefore he was assuming that the minutes as prepared were correct.

 

The Chair then asked the Commissioners if they had any comments regarding the prior minutes.  There were no comments.  The Chair then made to motion to approve the minutes for January, February, April, and May.  Commissioner Garrison stated that since he was not on the Commission during these months, he should not vote, therefore he will abstain from voting. The motion was seconded by Commissioner Wright.  The Chair then asked all in favor of approving the minutes to raise their hands.  The vote was 6-0-1.

 

Financial Report Corrections

 

Commissioner Jarboe stated that when the auditor looked at the commission’s 3rd Quarter Report he noticed that there was a discrepancy between the 3rd quarter and 4th quarter reports in that there was a typo in the 4th quarter report where the ending balance did not match the balance forward amount in the amount of $2.07.  As a result, the Commission will have to go back and amend the 4th, 1st and 2nd quarterly reports because the $2.07 error flowed through all subsequent reports.  He went on the say that none of the items in the quarterly reports have changed.  He then made the motion that the Commission to adopt the revised Quarterly Reports for 4th quarter of 2005 and the 1st and 2nd quarters of 2006.  The motion was seconded by Commissioner Wright.

 

The Chair then asked all in favor to the motion to raise their hands.  The vote was unanimous (7-0).

 

The Chair announced that the Commission does not normally meeting during the month of July, but since there are certain matters needing action the Commission will hold a Special Call Meeting on July 11th.

 

Adjournment

 

There was not further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of July 11, 2006.  The motion was seconded, and the vote was 7 to 0.

 

Meeting Adjourned.

 

Prepared by Bert Randolph

 

Attested: