Advisory Neighborhood Commission 6B

Minutes of Regular ANC-6B Meeting

Tuesday, March 9, 2004

Commissioners Present: Julie Olson, Will Hill, Mary Wright, Scott Cernich, Keith Smith, and Ken Jarboe with Francis Campbell arriving during the meeting.

Commissioners Absent: Daryl Snowden, David Sheldon, and Neil Glick

Chairperson Julie Olson chaired the meeting and all commissioners introduced themselves.

There is a quorum for conducting business.

Adoption of Agenda

Changes to the agenda. Julie Olson stated two items are to be added. Under Planning and Zoning Committee the third bullet should be Reservation 13 Letter and the fourth bullet should be speed bumps 1600 8^th Street, Alley. Commissioner Jarboe moved that the agenda be accepted as changed. It was seconded by Commissioner Cernich. The vote was unanimous 6-0 and the agenda was adopted.

Community Speakout

There was a question from the audience regarding the process of an appeal with BZA, which Commissioner Jarboe explained that the ANC will vote to support or not support a case and the final decision is BZA. Once BZA has ruled an appeal may be lodged.

A citizen asked about the status of the Boystown situation. Commissioner Olson informed her that someone is in the process of buying Boystown with the idea of putting something in its place. She went on to say that there will probably be a meeting setup in the next few weeks to discuss this matter and the community will be informed.

Community and Commission Announcements

Commissioner Cernich stated that he had been contact by Bill McCloud at Barracks Row about NASA wanting to take a mural from storage and put it under the freeway at 7^th Street. Because the dividing line is down the middle of the freeway he wanted to know whose SMD it was in. Commissioner Jarboe stated that it would be a public space issue and they would have to come before the ANC for approval.

Presentations

15^th and C Condos – Dennis Connors the architect appeared on behalf of Massey Developments for a new project at 15^th & C Street, SE. It is a 4-story, 9-unit condominium with most having one bedroom and is located near Payne Elementary School. It is 3000 sq. ft. lot area everything is conforming matter-of-right construction including the residential recreational space and 5 spaces of parking for the 9 residential units.

Commissioner Jarboe asked if this was a C-2A zoned property and the response was yes. He then asked that since it is a C-2A and not an R-4, what he could and could not do based upon the current zoning. Mr. Connors responded that since it is a C-2A zoning, they would have to provide 20% for recreational space.

Commissioner Olson asked when he expected the construction to start and he replied that he was looking at June of this year with a completion date of the first of next year.

After several questions from the audience regarding the potential for foundation problems associated with the construction, Commissioner Jarboe asked Mr. Connors if there will be some type of monitoring program to help identify and resolve any potential construction related problems that may arise and responded by saying yes.

Commissioner Olson reminded the community that Mr. Connors was coming before the Commission of his own will because his construction is a matter-of-right, but he wanted to come and get community and Commission input on the project.

Planning and Zoning

Commissioner Olson turned the proceedings over to the Chair of the Planning and Zoning Committee, Commissioner Campbell.

Commissioner Campbell read the Committee report:

BZA #17125 – Variance - The request is for a variance submitted by Megan Walsh for the lot occupancy requirement to allow a one-story addition in rear dogleg of a rowhouse in the CAP/R-4 zone located at 507 Independence Avenue, SE. The lot coverage will increase from maximum allowance of 60% to 75% per this request. Although the request exceeds the maximum lot coverage the structure will not impede light, air or impede their neighbors’ sightlines. There is a letter of support from affected neighbor which accompany the request. Therefore, the Committee recommends that the Commission support the approval of the proposed project.

Commissioner Olson asked if there was any additional information on the project and there was none.

The Chair stated that the matter comes to the full ANC as a recommendation from the Planning and Zoning Committee no motion was need. She then asked all in favor of supporting the motion to raise their hands. The vote was unanimous 7-0.

BZA #17130 – Special Exception – The applicant seeks to request a special exception for 407 11^th Street, SE to construct a garage in the rear of the property in an R-4 zone, which will increase the lot occupancy from 60% to 64.5%. In addition to a variance from the required 12 feet from the alley’s centerline, at present, there is no indication that granting the variance will create any negative impact and the garage is located in the rear of the property and will not impact neighboring property’s sight or air conditions. Some concerns were raised regarding the turning radius but with the proposed setback of approximately 2 feet, this issue may be resolved. The Committee therefore recommends that this should come before the next ANC meeting to make another presentation to address possible questions from the community and/or affected neighbors.

The Chair asked if there was anyone present to represent the case. The owner, Neysa Rich, rose and identified herself and her architect. She stated that they were willing to do the setback and anything else they need to do to satisfy their neighbor’s. She also presented the Commission with several letters from their neighbors who support their application. The architect explained the difference in some of the other garages in relationship to the alley centerline, but they were will to do what was required to satisfy the neighbors.

The Chair asked the commissioners if they had any comments and Commissioner Campbell stated that his only concern was the turning radius and based upon the explanation from the owner and architect we was now satisfied. Commissioner Campbell then made the motion to support the application. The motion was seconded by Commissioner Wright.

The Chair then asked all in favor of supporting the motion as adjusted to raise their hands. The vote was unanimous 7-0.

Reservation 13 – The Chair turned the meeting over to Commissioner Jarboe.

Commissioner Jarboe stated that a number of neighbors who have been working on the Reservation 13 issue come to the last ANC meeting and it suggested that the Commission would need federal legislation on Reservation 13. He went on the say that this was discussed during the last Planning and Zoning Committee meeting. The neighbors had drafted a letter and he had done a re-draft of their letter. They are asking Congresswoman Norton to introduce federal legislation similar to the Southeast Federal Center legislation to ensure that there will be private development on that land. The problem is with the Letter of Transfer of Jurisdiction that the City got out of GSA. It was only a Letter of Transfer of Jurisdiction. It was not a natural transfer of the land. Therefore, the City can not sell the land, which becomes very problematic if you want to put private development who wants to townhouses or private ownership on the land. And B it is also still restricted from municipal purposes. There is a clause in there that says it can only be used for municipal purposes, but Corporate Council tells the Commission it can do anything it wants on it. But there is a long case long about what municipal purposes mean. It doesn’t mean that you can do anything you want with it. Therefore the only way to get around that is that there has to be specific legislation mandating GSA to enter into public private partnership to sell and/or lease on private land. Thus the letter to Congresswoman Norton asking her to introducing the legislation and more importantly asking for a meeting so that the Commission can come in and explain why it thinks that is so important. The Committee voted to support he draft letter it comes as a motion for the Planning and Zoning Committee.

After several questions from the community regarding the need for such a letter it was explained that the purpose was to remove any doubt as to the merits of private investment in the area and the economic impact of such investments. It was also suggested the appropriate local news media be sent a copy of the letter.

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

Speed Bumps – Alley 1600 Block H Street, SE

The Chair turned the meeting over to Commissioner Smith, who’s SMD this case is located.

Commissioner Smith stated that in a meeting last year the ANC supported the neighborhood in the changing of 1600 Block of H Street, SE to a one-way street heading east and that has increased traffic through the alleys that parallel H Street. Therefore the community wants to slow down the speed of the traffic in the alley. He went on to say that a neighbor contacted the DDOT and found that speed bumps could be placed in the alley if there was a petition signed by roughly over 80% of the residents of the impacted in the area regarding this issue and the petition has been done. Commissioner Smith made the motion to request that speed bumps be placed in the alley in the 1600 Block of H Street, SE. Commissioner Jarboe seconded the motion.

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

ABC Committee

Yes Organic Market

The Chair turned the meeting over to the Chair of the ABC Committee, Commissioner Cernich. Commissioner Cernich read the Committee Report:

Yes Organic Market has applied for a Retailer’s Class “B” License to sell beer and wine for the premises at 658 Pennsylvania Ave., SE, ABC Application #50274. Mr. Gary Cha, owner of Yes Organic Market, came before the ABC Committee to discuss the Yes Application. Mr. Cha intends to sell premium and organic beers and wines at his market. Mr. Cha agreed to enter into a Voluntary Agreement with the ANC that would include covenants to prohibit and prevent loitering and panhandling near the store, maintain the public space adjacent to the store, and discourage public drinking. Yes Organic Market would be selling single servings of certain organic and premium beers; for the purpose of the Voluntary Agreement, those organic and premium beers would not be considered “singles” subject to the terms normally required by ANC (e.g. , clear or translucent bags, agreement to stop selling the premium beers when nearby establishments cease selling singles). The ANC, however, would reserve the right to impose such requirements on Yes Organic Market if the ANC finds that patrons loitering in the neighborhood and immediately consuming the beverage from paper bags.

Based upon Yes Organic Market entering into a Voluntary Agreement and the presentation to the Committee, the Committee recommends that the ANC not oppose the pending license application. Commissioner Cernich went on to say that since Mr. Cha was not present he moved that the Commission approve the application contingent upon him signing the agreement that has been written.

Commissioner Jarboe made a Friendly Amendment that it be approved pending the signing of the Voluntary Agreement.

The Chair asked all in favor of supporting the motion to raise their hands. The vote was unanimous 7-0.

Committee Reports and Announcements

The Chair announced that she has put in various publications and word-of-mouth that the Commission wants a staff person. She currently have several responses and she will be setting up interviews next week and would like to know what would be a good to day for everyone to have interviews next week. The time was set for 7-9 p.m. She suggested next Thursday, March 18^th.

Adjournment

There was no further business and Commissioner Will Hill made the motion that the meeting be adjourned until its next meeting date of April 13, 2004. The motion was seconded, and the vote was 7 to 0.

Meeting Adjourned.

Prepared by Bert Randolph

Attested: