Advisory Neighborhood Commission 6B

Minutes of Regular ANC Meeting

October 10, 2006

Commissioners Present: Will Hill, Antonette Russell, Francis Campbell, Scott Cernich, Ken Jarboe, Mary Wright, and Executive Director, Bert Randolph. Commissioner Neil Glick was a late arrival.

Commissioners Absent: Julie Olson, David Garrison 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 announced there would be several minor changes to the agenda. Under the Planning and Zoning Committee, 654 Independence Avenue, SE was an informal presentation and as such there will not be any action on that item tonight so it will be removed from the agenda. Also the information presentation for 612 3^rd Street, SE will also not be an item for action tonight. Finally, 208 10^th Street, SE will be moved to be the first item for consideration under Planning and Zoning Committee.

The Chair moved that the Commission adopt the agenda as amended. The motion was seconded by Commissioner Russell. Hearing no objections the agenda was adopted as amended.

Community Speakout

Jeff Davis, the new representative Ward 6 Neighborhood Planner with the Office of Planning, stood and introduced himself to the Commissioners and community. He provided business cards to those in attendance and invited them to contact him if they had any questions or situations he could assist them with.

Will Cobb, the candidate for Ward 6 City Councilman, stood and spoke briefly about his campaign and invited people to consider him when they vote for City Council.

Community and Commission Announcements

Commissioner Russell announced that the Barney Circle Community will be meeting the 4^th Monday, October 23^rd at Liberty Baptist Church at 7:00 p.m. William O. (Bill) Howland, Director of Public Works and Chris Delfs, Ward 6 Transportation Planner will be there to discuss related issues concerning Barney Circle.

Commissioner Campbell announced that on October 28^th there will be a HazMat Pickup sponsored by DPW at RFK Stadium Parking lot.

Presentations

Gannon Center for Higher Achievement – Martine Shorter, Ward 6 Assistant Center Director

No one was present to make the presentation.

Planning and Zoning Committee

The Chair turned the meeting over to Commission Campbell to make the Planning and Zoning Committee Report.

Commissioner Campbell reported:

BZA #17529, 208 10^th Street SE – Special exception for a 2-story rear addition to existing SFD not meeting lot occupancy

Presenters were Kendall Dorman Architect, and Jill Vohr, owner. The owner is requesting a special exception to lot occupancy rule section 223.3 for an addition replacing an existing rear porch with a new addition to an existing SFD. The lot is currently non-compliant in regards to minimum lot width under section 401.3 containing 883 square feet of land area. Section 223 of the Zoning regulations permit additions to SFD that do not comply with applicable area requirement for lot coverage even where the building is already non-conforming providing the lot occupancy does not exceed 70% in R4 Districts, and that the light, air and privacy of neighbors are not adversely affected and that the addition and original building do not intrude visually upon the character, scale and pattern of adjacent houses. Existing lot occupancy is 59.9% and with the proposed addition will increase to 66%. Owner has provided a copy of a form letter of approval dated 9/22/06 sent to neighbors regarding the proposed project. Pending receipt of copies of the signed letter from neighbors and addition drawings showing the footprint of the buildings on both sides, the Committee recommends approval of this project to the full ANC.

Commissioner Campbell asked if anyone was present to represent the case and if there was any new information on the project.

Ms. Vohr come forward and addressed the Commissioners. She provided the Commission with copies of the signed letters from her neighbors on both sides of her and neighbors who would be able to see the construction from their locations. Additionally, she provided the drawings that were requested by the Committee.

The Chair stated that the Committee has recommended this project to the full ANC for approval and comes in the form of a motion, requires no second. He then asked all in favor of adopting the Committee’s recommendation to raise their hands. The vote was unanimous (7-0).

HPA # 06-490, 430 – 434 First Street SE and 100 North Carolina Ave. SE. Renovation – Streetscape

Kinley Dumas / Marc Fairbrother; Architects were the presenters. (A.T.A) American Trucking Association proposes to rehab the three buildings 430 & 434 First St & 100 North Carolina Ave SE. The proposed site plans include large amounts of the public space at the corner of 1^st and North Carolina Ave to include a fountain and with landscaped green spaces on 1^st St. and North Carolina Ave. 430 1^St St changes would include eliminating ground floor parking, infilling the ground floor to be replace by indoor office space, new ramp to below grade parking in the rear with 2-3 levels of underground parking under the building. A new roof deck with enlarged penthouse will be constructed. At 434 1^st Street, the proposed project will include restoring the iron staircase in front, new elevator to be added to access roof and penthouse with communication between the buildings. At 100 North Carolina Ave, the proposed project will remove the sierra stone cladding to expose the underlying brick to restore façade more in keeping with the Capitol Hill character. ATA will e landscape the large space in the front of the 100 North Carolina Avenue building which will eliminate illegal parking on that public space. There are numerous changes submitted in the proposed plans, which the owners have submitted along with their plans and have discussed at one community meeting approximately two weeks ago (September 10-13, 2006). Underground parking spaces on site will be approximately 30. Pending letters of support from the community the Committee would recommend this project to the full ANC for approval.

Commissioner Campbell asked if anyone was present to represent the case and if there was any new information on the project.

Dave Barefoot, Chief Financial Officer, ATA, Marc Fairbrother, Architect, and Kinley Dumas, legal counsel, stood and addressed the Commissioners. Mr. Barefoot stated that he would provide the Commissioner’s with a brief summary of the project. The Chair interjected and advised the community that the representatives of ATA had placed a model of the planned renovations on a table in the room across the hall and invited them to take a few minutes to review it. Mr. Barefoot stated that they have met with a fairly large community group headed up by Dawn Babbage, a neighbor across the street from the building, to show them what their intendion was with the building and landscape. ATA received constructive responses back from them and is awaiting the neighbors’ letters of support for the project. ATA has also met with the Office of Planning and the Capitol Hill Restoration Society. ATA reported that OP and CHRS basically approved the general plans for the buildings.

Commissioner Jarboe asked Mr. Barefoot what was the response from the most recent community meeting regarding their plans. Ms. Dumas responded that they have not received a formal response from the community yet. However, ATA did ask that interested community members be present at tonight’s meeting to voice their opinions regarding the plans. Unfortunately, no one from the group was present, but they did voice support for the project after their meeting with them.

Executive Director Randolph stated that Commissioner Garrison at the Planning and Zoning Committee Meeting stated that he had attended the community meeting and he was very impressed with the presentation and the amount of support that was voiced by the people in attendance for the project.

Marc Fairbrother briefly walked the community and Commissioners through a presentation of drawings of the planned project with emphasis on the streetscaping.

The Chair asked if there was any new information or questions from the community regarding the project. There were none.

Commissioner Glick recused himself from the vote because in the past he worked for ATA and did not think it would be proper for him to vote.

Commissioner Jarboe stated that he is willing to vote on the representation that Executive Director Randolph made regarding Commissioner Garrison’s view of how the community meeting went. He then asked the representatives of ATA if Mr. Randolph comments were a fair representation of how their meeting went with the community and that the community was positive and made recommendations about for the project. Ms. Dumas responded that it was absolutely correct that their responses were very positive. They had expected several requests for changes, but did not get any. The only changes to the streetscape were due more to the requirements of the district government than anything else.

Commissioner Jarboe moved to amend the Committee Report and to support this application to HPRB. The motion was seconded by Commissioner Wright.

The Chair asked all in favor of adopting the Committee Report as amend to raise their hands. The vote was 6-0-1.

HPA# 06-486, 110 North Carolina Ave. SE - Construction of 2^nd and 3^rd story addition above portions of existing 2-story building structure and walkway

Steven Vanz of Marzdon Architects, and Melinda Gable; Executive Director, were the presenters. The owners propose to build a third story above the existing two story building and add a second and third story above the existing one story masonry structure which is setback from the existing 2 story building. The 3^rd story would be set back from the 2^nd story to minimize the sightline from the sidewalk with new construction over the walkway to define a new entry for the building. The new construction would max out the F.A.R. with the third floor addition. Owners have letters of support from two neighbors, Congressman Mark Udall of 116 North Carolina Avenue, SE and Senator Michael Enzi of 127 North Carol. Ave. SE. The Committee is impressed with the proposed modification and addition but has one concern, which is the parking of automobiles in the public space (sidewalk). The Committee recommends this project to the full ANC with the caveat that the applicant add streetscaping, in keeping with the historic character of Capitol Hill, to prevent parking in the public space in front of the building.

Commissioner Campbell asked if there was any new information on the project.

Mr. Vanz provided the Commission and community with a brief overview of the project. He also stated that they have not made any proposals for permanent space with the Public Space Office at this time. He stated that Ms. Gable has discussed and given a copy of the plans to the neighbors and have received a couple of letters of support. They have presented to the Capitol Hill Restoration Society. The CHRS objected to the 3^rd floor additionand to a visible terrace, but did like the fact that the applicant was restoring the original face of the building. He went on to say that they have been working with Anne Brockett at HPRB and have pushed the third floor and terrace as back as far as they can and is hopeful that the HPRB will approve.

Commissioner Campbell stated that the plans indicate a bedroom on the 3^rd floor, living room and dining room, and he wanted to know what their purpose was.

Mr. Vanz responded that area would be used as an apartment, which will be the residential portion of the project.

Commissioner Jarboe stated that his biggest concern for the Commission and the neighbors is the parking of vehicles on the sidewalk in front of the building. He asked Ms. Gable is she was willing to consider installing the type of landscaping idea as the ATA project, which will prevent parking on the sidewalk. She responded that they would certainly look at the potential of doing so.

The Chair asked if there was any new information or comments from the community regarding the project. There were none. The Chair then stated that the recommendation of the Committee comes before the Commission as a motion requiring no second. He then asked all in favor of adopting the Committee recommendation with the caveat that they will add streetscaping, in keeping with the historic character of Capitol Hill, to prevent parking in the public space in front of the building to raise their hands. The vote was 6-0-1.

HPA # 06-487, 326 D. Street, SE – 3 story rear addition to existing 2 story SFD

Owners, Patrick & Jessica Roman, of 326 D. St. SE, propose to build a 3story rear addition to an existing 2 story SFD. The owners have letters of support from their neighbors, Norb Lustine of 328 D. St. SE and Paul Malter with an address of P.O.B. 1832 Louisa Va. The proposed addition, per sightline drawings submitted, can not be seen from across the street from either side of the sidewalk. Commissioner Olsen raises an issue of concern in that the proposed addition may be visible to residents on the opposite side of the street from their 2^nd floor. The Committee recommends that the owners provide letters of support regarding the sightlines of the proposed addition from residents and owners from across the street. Additionally they should obtain letters of support from adjourning neighbors regarding the type material to be used on the exterior of the new addition. Pending these letters of support the Committee recommends this project for approval to the full ANC.

Commissioner Campbell asked the owners if there was any new information and letters of support from neighbors across the street regarding the project.

Mr. Roman responded that he was able to meet with the neighbors and presented the Commissioners copies of the letters for the adjacent neighbors on both sides of him and from a neighbor for across the street. Regarding the type of material to be used on the exterior, it is his plan to use the match the type of material that is currently on the home. Commissioner Jarboe asked if would be the stucco type material. His response was that Commissioner Jarboe was correct along with some crown molding.

The Chair asked if there was any new information or comments from the community regarding the project. There were none. He then asked the Commissioners if they had any comments regarding the project.

Commissioner Russell made the motion to amend the report to include crown molding on the second floor front exterior. The motion was seconded by Commissioner Glick.

The Chair then asked all in favor of adopting the Committee Report as amended by Commissioner Russell amendment to raise their hands. The vote was 6-0-1.

HPA # 06-435, 748 9^th Street SE. – Garage – Concept review

Presenter Jennifer Fowler, Architect: Alex Nock / Maryam Nock are the owners. The owners propose to build a garage in the rear of a SFH located at 748 9^th St. SE. This is a by right structure and would not change the lot coverage, which is presently at 60%. This structure would be built on the existing parking pad. The garage would be 16ft. X 18ft. with a brick façade on the alley and street side. The garage’s second floor storage area would be 15ft. high with a 6ft. The owners would be removing the existing deck on the SFH to stay within the 60% lot occupancy. The owners have letters of support from adjacent owners, 746 9^th St. SE, Anne Seymor and 750 9^th St. SE, Richard Tarivell. There exist no other issues of concern from any Commissioner present therefore the Committee recommends this project to the full ANC for approval.

Commissioner Campbell asked if there was any new information on the project. Ms. Fowler presented the Commission with the additional letter of support as requested. Commissioner Jarboe asked if the letter of support from the neighbor at 750 9^th Street, SE, understands and it clearly states that they understand that the fence may be involved in the project. She responded that this was correct.

The Chair then asked if there was any new information or questions from the community regarding the project. There were none. He then asked the Commissioners if they had any comments or questions. There were none.

The Chair then stated that the recommendation of the Committee comes before the Commission as a motion requiring no second. He then asked all in favor of adopting the Committee recommendation to raise their hands. The vote was unanimous (7-0).

HPA #06-442, 531 6^th Street SE – Adding 2^nd story to a 1 story SFD

The owner Eric West is proposing adding a second story onto an existing one story SFD. The home will have the same footprint with the addition as the SFD with the addition. Applicant needs to provide letters of support from the adjourning neighbors, and provide pictures of the front and rear of his property and the adjacent properties, existing floor plans of the existing SFD along with the proposed addition. No recommendation to the full ANC at this time pending more information from the owner regarding this project.

Commissioner Campbell asked the owner if he had the necessary information that was requested by the Committee. Mr. West stated that he did. However, after a great deal of review and discussion, there still remained several unresolved issues related to the project. Mr. West was instructed to return next month with more specific details on the project, so that a more informed decision can be made.

The Chair made the motion to write HPRB and request this case to be moved to their next month’s agenda to allow ample time to resolve the remaining issues. The motion was seconded by Commissioner Campbell. The Chair then asked all in favor of his motion to raise their hands. The vote was unanimous (7-0).

ZC Case # 05-02. Recreational Space Requirement

Current zoning regulations require that residential buildings constructed in commercial areas set aside a certain percentage of the building for recreational space. That percent ranges from 20% in a C-1 and C-2-A area to 5% in a C-4 and C-5 area. The logic behind this is that the larger the building, the smaller the percentage needed to provide adequate space.

This requirement places a heavier burden on buildings in lower density commercial areas, such as Capitol Hill. The Zoning Commission routinely grants a variance of these provisions. ANC 6B has consistently voted to support these variances. Among other things, it is argued that the requirement has a detrimental effect of the use of the ground floor for such buildings, as the space is needed for recreation use. In previous cases, the ANC has questioned the need for such separate, private recreational space in commercial areas that abut residential areas, such as Capitol Hill, where public recreational areas are already available.

At the request of the Zoning Commission, the Office of Planning is proposing two alternatives:

1) Eliminate the recreational space requirement.

2) Eliminate the requirement in areas covered by the Inclusionary Zoning areas (where affordable housing units are mandatory), and allow those projects not in these areas to waive the requirement in exchange for the addition of affordable housing units. In other words, tie the relief on the recreational space requirement to increased affordable housing.

The Committee notes that the previous ANC discussions on this issue and recommends that the Commission support the elimination of this requirement. Should the Zoning Commission believe it necessary to tie the relief from this requirement to other actions by a developer, the Committee recommends that relief be tied to a requirement for ground floor retail. The Committee believes that first priority requirement for commercial areas should be the provision of ground floor retail.

The Chair stated that it is the Committee’s recommendation is that the Commission supports the elimination of this requirement and if the Zoning Commission wants to tie the relief from this requirement to other actions by a developer, the Committee recommends that relief be tied to a requirement for ground floor retail. He then asked all in favor of supporting the Committee’s recommendation to raise their hands. The vote was 6-1.

BZA #17534, 1022 Pennsylvania Ave. SE – Variance from residential recreation space requirement to develop multi-family residential building

Presenter is Sas Gharai Architect and owner. The site 1022 Pennsylvania Avenue, SE, was formally a gas station, which has been demolished, and presently there is ongoing construction to build a residential building consisting of 28 condominium units. The site also will include 23 onsite parking spaces with 19 underground and 4 on grade.

The property is located on the corner of 11^th and Pennsylvania Avenue, SE, and is of an irregular shape due to the corner configuration. The amount of recreational space required per DC Code would be 5,492 sq. ft for the 28 units, which would equate to 200 sq. ft. per unit. The owner cites this is impractical owing to the shape and size of the lot and would require the space to be place on the roof of the building. Due to the prominence and visibility of the site, the Capitol Hill Restoration Society has specifically requested that residential recreation space not be located on the roof. Due to the directives of HPRB, ANC 6B and CHRS, the applicant has constrained the location of the recreation space with request of minimal roof structure, height, continuity of streetscaping and onsite parking.

With the roof top recreational space there would be requirements to be wheelchair accessibility to that area, which would mean two means of egress to the roof top and a elevator for wheelchairs, which would create a 14 ft high elevator enclosure above the roofline. Surface recreational space would eliminate onsite parking, which is a major concern of the ANC. Additionally, making the roof top wheelchair accessible would increase the overall height and mass of the building, contrary to ANC, HPRB and CHRS requirements. Keeping these constraints in mind, the only other placement of the recreational space would be indoors and this would eliminate and/or reduce the number of units. In keeping the number of units and parking spaces as originally designed this would only provide 956 sq ft of ground level recreational space.

The owner cites: The project will provide 956 sq ft of meaningful and usable outdoor recreational space for the residents and the variance relief is in part due to the requirement of the public agencies to ensure integration in the neighborhood without compromising the zoning. Additionally, providing interior space would require one half of one floor to be devoted to recreation space, and the cost of providing this space would be passed on to the owners thus increasing the unit cost, a result which would be economically infeasible. Due to all these factors, the owner is requesting a variance from the recreational requirements.

It is the finding of the Committee that, realizing all the restraints the builder has met from the various entities and in attempting to best utilize the space and area, the Committee has no problem with recommending that the full ANC grant the applicant’s request for the variance.

Commissioner Campbell asked Mr. Gharai if there was any new information he would like to add. There were none.

The Chair then asked if there was any new information or comments from the community regarding the case. There was none. He then asked the Commissioner the same question and there were none.

Commissioner Jarboe added for the record that the issue of rat abatement was raised during the Committee meeting and the developed has been taking care of the problem, per community suggestions.

The Chair then asked all in favor of adopting the Committee’s recommendations to raise their hands. The vote was 6-0-1.

Committee reports and announcements

There were none.

Approval of Commission Minutes

Executive Director Randolph stated that each Commissioner had received a copy of the September minutes to review and make corrections were necessary. He further stated that Commissioner Garrison had made some edits and the other Commissioners were in agreement.

The Chair asked if there were any comments or questions on the September minutes. There were none. He then moved that the Commission adopt the September minutes. The motion was seconded by Commissioner Russell. He then asked all in favor of adopting the September minutes to raise their hands. The vote was unanimous (7-0).

Quarterly Financial Report

Commissioner Jarboe, Treasurer, stated that each Commissioner had received in their paperwork for the meeting a copy of Quarterly Financial Report. He stated that the Commission received two quarters of the district allotment this time. He also provided the Commissioners with a comparison between the financial statement from last year that showed what was budgeted and what was actually spent. In the end, the Commission was over budget by $2,000.00. Commissioner Jarboe noted that the Commission had voted on all the items that caused this overage. Most of this was due to the tax penalties with the IRS and the purchase of the two air conditioning units and the new printer for the office. He went on to say that he will be preparing a new amended budget for this fiscal year based upon what the Commission has actual spent to bring it in line.

The Chair moved that the Commission adopt the 4^th Quarter Financial Report. The motion was seconded by Commissioner Glick. He then asked all in favor to raise their hands. The vote was unanimous (7-0).

Adjournment

Commissioner Hill expressed his deep appreciation for the donation and card provided to him by the Commissioners on the occasion of his mother’s passing.

There was not further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of November 14, 2006. The motion was seconded, and the vote was 7 to 0.

Meeting Adjourned.

Prepared by Bert Randolph

Attested: