Advisory Neighborhood Commission 6B
Minutes of Regular ANC Meeting
September 13, 2005
Commissioners Absent: David Sheldon
Adoption of Agenda
The Chair stated that at the end of the Planning and Zoning Committee part 5 Zoning Case #05-021 Dog Boarding has been removed from the agenda. Also in the agenda that was circulated last week there was an HPRB Case in the 900 Block of G Street, SE, that party withdrew their application for the curbcut, so that is no longer on the agenda. Finally, there is one thing to add to the agenda and that would be placed before Committee Reports and Announcements which is a Resolution of Support for a Request for an Appropriation for a charity here on the Hill.
There were no more additions or deletions for the agenda. Commissioner Glick made the motion to adopt the new agenda and Commissioner Hill seconded the motion. The Chair asked if there were any objections to adopting the agenda, hearing no objections, the agenda was adopted.
Pat Everett with the DC Fire Department’s Fire Prevention made a presentation on their upcoming Fire Safety Plan/Survey that is being offered by the Fire Station. The safety plan/survey program is free and the will be giving away free smoke detectors. She stressed that their main goal is make sure the residents are safe from potential fire hazards. The inspectors will provide you with a list of any areas that need correcting. She also stressed that the inspectors will meet with the residents at a time that is best for the homeowner, including Saturdays and they will not write any citations for code violations. A brochure was provided to the attendees. Fire safety is their main mission.
Mr. Coles announced that
there would be a Police Service Area Meeting this Thursday for PSA 107 South
and next Tuesday for PSA 107 North. The
meeting Thursday is a
Bill Phillips with the
Friends of Garfield Park addressed the community and Commissioners regarding
the numerous problems associated with Park and Recreation Department’s
This coming Thursday the Parks Department’s new director, Ms. Flowers, will come to the park and meet with him and his group 10:00 a.m. to discuss the issues associated with the park and he wanted to invite all that are interested to come and meet with her.
Commissioner Olson asked Mr. Phillips if he would share with the audience how much money was spent on the park as a result of the freeway improvement. He stated that 4 years ago approximately $710,000 was spent on the park. She then asked him to review some of the problems that are having at the park. He stated that the shed needs removal or fixing; dead trees need to be removed; the sprinkler system needs to be fixed; grass mowers are cutting to close to the roots of trees, which is causing them to dye; lamp post, globes and light bulbs need repair and replacement. The lighting issue is very important, but when they speak with the park people they tell them they do not have the part to correct the lighting problem, with is outrageous. Two years the park people did not properly winterize the water sprinkler system and a backflow value froze breaking the system. So last week his group replace it themselves at a cost of $1,200.00. The bottom line is that the neighborhood is taking care of the park in the place of the park department.
Commissioner Olson then made the motion to send a strongly worded letter to the new Parks and Recreation Services with cc’s to the Mayor, Sharon Ambrose and Katy Patterson, who she believe is the Council Member who is in charge Parks and Recreation and others as necessary of the horrible conditions that have resulted in Garfield Park 4 years after investing over $710,000.00 to restore this park. She is aware that many other parks in the city are also facing the same problem of lack of maintenance, but she feels that since Garfield Park is the oldest and largest parking it the city and substantial investment already made in it, something must be done and now. The motion was seconded by Commissioner Russell.
The Chair asked all in favor of Commissioner Olson’s motion to raise their hands. The vote was unanimous (7-0).
Judy Jacobs representing a
group of 24 families, with four families present, are voicing their concern
about the condos being developed at 11th and
A constituent by the name of
Patty, who lives across the street from
John Boyles the owner of Marty’s restaurant on 8th Street, SE, stated that he wanted to inform the Commission and community that he was planning to put small two speakers on the roof deck of his establishment facing away from the street. The music for the speaker will not be audible on the street or in the alley.
Commissioner Olson stated that Marty’s was in her SMD and she had no objection to the placement of the speakers as long as they were not audible from the street or alley.
Commissioner Jarboe stated that he spoke with the ABC attorney regarding this issue and since the ANC does not have any language in the Voluntary Agreement regarding outside speaker, he does have permission to have recorded music inside, so the ABC Board does not consider this a substantial change. Therefore, he can go ahead and do this. He is coming to the ANC to simply inform us, because we did have an oral agreement that he would check with us first. Additionally, he did not think it would negatively affect the neighbors to have speakers back there. Technically, one could say that that back if part of the building and not public space.
Community and Commission Announcements
Commissioner Cernich announced that the DC Building and Industry Association is going to be working this Saturday from 7:00 a.m. to 5 p.m. at the Virginia Avenue Park, which is in the 900 block of Virginia Ave, south of the freeway. They are investing a great deal of money into improving the park and they came before the Commission two meeting ago to review their plans of what they are doing to restore the park. They are asking for volunteers from to community to assist them in this effort. Additionally, they will have volunteers from their various member organizations working that day. The ribbon cutting is at 1:00 p.m. Saturday.
Commissioner Jarboe announced that the DC Water and Sewer Authority dropped off their latest community update brochure and they have been place on the information table at the entrance to the meeting room.
Commissioner Wright announced that the Oversight Committee for the Friends of Rumsey Aquatic Center will be Monday, September 19th at 7:00 p.m., and she encouraged all to please attend. She stated that the center is now open and there is not an admission fee.
The Chair announced that each presenter will be allowed 5 minutes to make their presentation and that Commissioner Glick will enforce the time limitation.
DCRA – Dr. Canavan, Director of DCRA – His Vision for DCRA
Unfortunately, Dr. Canavan’s office called and informed the Commission that he would not be able to attend tonight, but he would like to reschedule his visit.
DCRA – Rental Accommodations and Conversion Division (Rental Housing Act of 1995 as Amended) – Keith Anderson
Mr. Anderson stated that the
main purpose of their office is to chart and maintain decent, affordable, and
safe rental housing in the
Mr. Anderson covered several topics that were contained a various documents that he provided to all in attendance. He encouraged everyone to take time and review the documents for a clearer understanding.
Commissioner Jarboe stated that he has had conversations with neighbors who previously rented single rooms, who are no being faced with the need to have a business license. So they are now going through the process the secure the necessary paperwork and according to them it is not to difficult until you get to the rent control form, which is the only form that is not on-line. He asked Mr. Anderson if there was any thing he could do to get the rent control form on-line with the rest of the DCRA form.
Mr. Anderson replied that that was supposed to have already been done. However, he will check and get back with him. Commissioner Jarboe further stated that at least a month ago he was on-line and the form was not there.
Commissioner Olson asked if
when he mentioned all rental facilities including single-family homes and
apartments, did that also mean people who rent out a room in their house where
they share a common space. His response
was yes it does. He went on to say it
has become a big issue because in area surrounding universities. He referenced the incident last year in which
Mr. Anderson concluded his presentation by providing his contact number which is (202) 442-4477.
DC Public Service Commission – Electricity Education Campaign – Zula Evans
Ms. Evans stated that her mission was to make sure all consumers of the DC Citizens were aware of the new electricity regulations. She stated that since 2001 electricity was deregulated. The past February the cap on rates was taken off, which means rates can go up at any time. Pepco is no longer the main supplier of electricity for the District. However, at the present time only Pepco is supplying electricity to the District.
She presented everyone in attendance with a packet of information regarding the new regulation, the DC Electrical Campaign, and Smart Electricity Use, which included instructions on how to properly read your electrical bill. She finished by providing their website dcenergy.com and telephone number of (202) 895-0950.
Commissioner Olson asked Ms. Evans who were the other suppliers that are providing service in the District. She responded that are several suppliers that are registered, but they are not offering their services at this time.
Planning and Zoning Committee
Commissioner Campbell stated that the Planning and Zoning Committee met on September 6, 2005 and there were a number of cases presented. The first was:
Applicant Mr. Niti Kewit Lanakul is seeking a public space permit for a sidewalk café. This space will contain 9 tables and 28 chairs. It will be an unenclosed space measuring 40ft 8in X 13ft 11 in. There exist no concerns at time from audience members or the Commissioners. Therefore the committee recommends the approval of this application to the full ANC.
There was no additional information provided by either the owner or the community regarding this application.
A question was asked regarding outside music and the owner responded that there would not be any music outside.
The Chair stated that the Committee recommendation comes before the Commission in the form of a motion requiring no second. He then asked all those in favor of supporting the Old Siam’s application to raise their hands. The vote was unanimous (9-0).
Commissioner Jarboe asked Mr. Niti Kewit Lanakul if he was going to modify his liquor license so that he could sell liquor. The response was yes. Commissioner Jarboe reminded him that he would have to reappear before the Commission for this.
Applicant did not appear before this committee. Pending withdrawal of the permit, no action in this matter taken at this time. The Committee would reiterate its opposition to a new curb cut at this location.
No one was present to represent this application.
HPA #05 402 801 Virginia Ave SE, Two-story Demolition with construction of 4-story mixed use building.
The project at
No one was there to represent the project. Additionally, there were no comments from the community regarding the application.
The Chair stated that the
Committee recommendation comes before the Commission in the form of a motion
requiring no second. He then asked all
those in favor of adopting the Committee’s recommendation on the revised plans
informed the Commission and community the he was changing the published order
of business by holding HPA #05-477 until later in the program due to the amount
of anticipated discussion regarding this application. He then moved to HPA # 05 – 469 656/660 Pennsylvania Ave SE,
HPA # 05 – 469, 656/660 Pennsylvania Ave SE, 325/327 7th
St. SE, Consolidation of 3 lots, Consolidation of existing office/retail use by
adding one story addition @
Presenters; Amy Weinstein, Jane Nelson, Cary Blackwelder, Kitty Kaupp, presenting a model and sketches of old GC Murphy 5 & 10 at 7th and Penn., one story addition to be built on top of the “Yes Market”, three story addition to be built over the old post office building which now is presently occupied by Ben & Jerry’s Ice Cream Parlor and a restaurant as well as a small office space to fill in the private alley between the building and the old Post office building. Presently there are no concerns and/or issues raised by the audience or commissioners on HBRP matters; therefore the committee recommends this project for approval to the full ANC. The project will come before the ANC again in the future for zoning issues.
Commissioner Campbell asked if anyone was present to represent the project. The presenters were present. He then asked if there was any new information they would like to present to the Commission regarding their application. The response was no. He then asked the audience if they had a comments and their response was no.
The Chair stated that the Committee recommendation comes before the Commission in the form of a motion requiring no second. He then asked all those in favor of adopting the Committee’s recommendation to raise their hands. The vote was unanimous (9-0).
BZA #17362 – 1114, 1116 & 1118 K street SE. Construction of 3 story single family row dwelling
Applicant seeks to build 3 non-conforming single family houses on a vacant lot. Owner seeks a variance from minimum requirement of 18ft. lot width to 16.5 ft in a non-conforming lot with one space of off street parking to be located on the rear of each dwelling available via an alley or driveway easement. The variance is secondary due to the narrowness of the lot. Precedent is set by the adjacent properties which preceded the adoption of the original regulations. There exist at this time some question as to the fact that this project may be a matter of right. It is to appear before the BZA on or about Sept.19, 2005. The committee recommends this project for tentative approval as it has been presented to this committee and the full ANC in the past. Also it will substantially benefit the public by eliminating alleged illegal activities taking place on the property. Applicant has letters/signatures of support from numerous neighbors and has worked closely with the community to address concerns surrounding activities and securing the properties. Therefore the committee recommends this project for approval to the full ANC.
Commissioner Campbell then asked if there was anyone present to represent the property. Mr. Donald Day rose and addressed the Commission. He was asked if there was any additional information regarding this application.
Mr. Day responded by stating that they are building by Right on 16 ½ feet, so he has a letter in which he is asking BZA to formally drop this particular case. This is because they can show that there were previous structures on that site prior to 1957.
Commissioner Olson asked if the properties will have basement apartments. His was response was yes the three would. She then asked if there would only be one parking space. Mr. Day stated that there would be a total of five (5) parking spaces and they are attempting to engineer an additional space, which would bring it to six (6) spaces.
Commissioner Thomas expressed her desire to be informed about this project because she lives across the street from the project and she wanted to make sure her constitutes were taken into consideration.
Commissioner Campbell asked if there were any additional comments from the Commissioners or the community. There were none.
No action was taken because the applicant has written BZA to formally drop this particular case.
BZA # 17363 – 1120 & 1122 K St SE Construction of Two Single Family Row-houses
Applicant is seeking a special exception to the lot occupancy under Sect.223, Subsection 401.3 and Sec. 403, which do not meet the minimum lot area, width and occupancy rule. Both homes predate the regulations regarding width and lot coverage. Regulations specify 18ft. minimum and these houses are 12.5 ft. in width. Again applicant has presented before this committee and the ANC in the past. As applicant will be providing off street parking for each dwelling and is rehabilitating a vacant property, has worked with the community and has numerous letters of support from the neighbors the committee recommends this project for approval to the full ANC
Commissioner Campbell asked Mr. Day if there was any additional information he would like to add regarding the case. He response was no. He then asked if there were any comments from the audience regarding the project.
Commissioner Olson asked if these units would have basement apartments. He responded that they would not and that they are the existing houses currently on the site.
The Chair stated that the
Committee recommendation comes before the Commission in the form of a motion
requiring no second. He then asked all
those in favor of adopting the Committee’s recommendation regarding 1120 &
HPA #05 – 477, 644 Independence Ave, Two-story addition with Basement addition to rear of two-story brick row house. Jemal Kadri, owner, Aric Moore; Panoramic Designs
Applicant is seeking to build a two-story rear addition with incorporating the basement in the rear of a single-family row house. Addition will extend 27.4ft. out beyond the present building. As it is a matter of right it would be allowed pending any ruling by HPRB.
Concerns are voiced by Ms. Mamo and Fitzsimmons that their light and air would be greatly affected secondary to the build out of the applicant’s project. Also owners of 646 Independence, Martin & Carolyn Karcher have concerns as their property is landlocked by adjacent neighbors on both sides, having brought the property in the rear of their property preventing them form extending any further.
Suggestions from Commissioners were that the applicants meet with his neighbors, Ms. Mamo, Fitzsimmons and the Karchas, specifically to address the issues and to view the planned extension and ways, means or compromises to mitigate the impact of the proposed construction project. Applicant is scheduled to appear before HPRB on or about Sept. 22.2005. As a number of concerns exist from neighbors on either side and questions regarding light, air and possible historic viewpoints which cannot be resolved at this time, the committee recommends that this issue be deferred to the full ANC for discussion and possible resolution and to afford an opportunity for the applicant and adjacent property owners have an opportunity to voice points of concern.
Commissioner Campbell asked if there was anyone present representing Jamal Kadri with any additional information.
Sarah McClure, spouse of Jamal Kadri, and Aric Moore, their designer, rose and approached the Commission and stated they were representing the case. Ms. McClure began by stating that they had first contacted their neighbor in July to show them their plans and to talk through what they were doing and get their comments. She further stated that they did not hear anything back from them because they, the neighbors, were on vacation and then they went back and forth trying to get together to review the plans, without any success. She went on to say that they had informed the neighbors what they were planning to do and that it was By-Right what they were doing so, which was similar to what was done at 648 Independence Avenue, SE. Ms. McClure went on to say that prior to purchasing the property they had researched what they planned to do to the property and we told they could make the renovations By-Right. In fact, they went to Historic Preservation prior to purchasing the property and asked if there would be any problem with this type of addition and they were told no. Therefore, they purchased the property and they proceed under that assumption. She further stated that it was their understanding that By-Right they did not have to come before the Commission, but they wanted to make sure all involved were aware of their intentions, thus their appearance before the Commission. Therefore, they appeared before the Commission last month and based upon the advice they received at the meeting, they met with the Laura Mamo and Helen Fitzsimmons, and Martin & Carolyn Karcher at the conclusion of their presentation in an effort to reach an agreement regarding their planned addition.
Ms. McClure stated that her neighbors are of the opinion that their addition will occupy more than 70% of the lot, which she said it would not. She stated that any further delays would be very costly to them in completing the project.
Commissioner Olsen read the motion “is to oppose the addition based upon the historic nature of the backs of the original houses on either side of this house, including the historic contribution of the balcony, and if HPRB does not agree with the ANC they will allow an extension of time to allow the neighbors and residents time to discuss any actual compromises to the design of the addition.”
The Chair asked all in favor of Commissioner Olson’s motion to raise their hands. Commissioner Campbell asked for a clarification on the motion. The Chair stated that the vote would be on the whole thing, the motion as amended. As the votes were being tallied, Commissioner Campbell again asked for a clarification and he thought the vote was on the friendly amendment offered by Commissioner Jarboe only to realize that the vote was in fact is the final motion, which is to oppose the new addition. He therefore requested that the vote count be retaken. The Chair then asked all in favor of the motion to raise their hands. The vote was 6-2-1, so the motion carried.
No business presented.
Committee reports and announcements
Commissioner Jarboe announced that the Gospel Rescue Ministries of DC, who are an integral part of this community in a very special way. They are the group who supply the people who do the cleaning, they guys in the blue uniforms who are cleaning the streets. Gospel Rescue Ministries is the group that houses the people in their program for the homeless. The Gospel Rescue Ministry gets an appropriation from congress under the Back-to-Work Program. The head of the Ministry has asked the various members of the BID, Capitol Hill Business Improvement District, if they would write letters to the head of the Appropriations Committee. He went on to say that the ANC is not a member of the BID, but the BID operates very heavily in this ANC. Therefore, he thinks it is appropriate, if it is the will of the ANC, that this ANC also write a letter to the appropriators saying that this program is very effective and very support of our community in supporting their appropriation and moved that such a letter be written. With some limited discussion, the motion was seconded by Commissioner Cernich.
The Chair then asked all in favor of Commissioner Jarboe’s motion to raise their hands. The vote was 8-0-1 with Commissioner Glick abstaining.
Commissioner Thomas announced that she is Notary Public for this area and invited the commissioners to use her, when needed.
FY ’06 Budget
The Chair turned the meeting over to Commissioner Jarboe, the Treasurer, for a report on the Fiscal Year 2006 Budget.
Commissioner Jarboe presented
each Commissioner with a packet of information regarding the FY ’06
Budget. He mentioned that have been some
additions and changes to the new budget, which includes the raise for the Staff
Commissioner Campbell responded by asking if item 14 is for flyer distribution. Commissioner Jarboe responded that he had meant to cover that and went on the say that previously that was nothing in that category, but he had room in the budget to add something for that. He was not sure exactly how much would be placed in it, but there is $500.00 in the budget for postage and delivery that is currently not being used, something can be added for flyers.
Commissioner Campbell stated that the main reason he brought this up was because a number of constituents do not have access to the Internet, which is being used extensively to communicate with them. He wanted a proven method of keeping constituents informed as to what is happening with the Commission, which is by using printed flyers. He went on to say that unfortunately out-of-pocket expenses prevent most commissioners for doing so independently.
Commissioner Jarboe mentioned that in the past the Commission had an extensive mailing list, but it proved to be not to effective. Commission Olson added that most of the mailings were returned undelivered because of bad addresses, so it was not very cost effective then. Commissioner Jarboe stated that he was agreeable to adding $500.00 for flyers.
Commissioner Olson asked if the ANC wanted to do advertising like ANC 6A and put an ad in the paper every month, which could be expensive. She went on to say that the Voice of the Hill is now coming out twice a month now.
Commissioner Jarboe stated that the Commission my have to do both editions. He went on to recommend that the Commission get more information on the subject and he can add it to the budget later, if needed. He stated that by adding in $500.00 they still have $1000.00 to play with and they also have the $500.00 in postage and delivery that is not being used. He further stated that he would be happy to support adding $500.00 to the budget for flyers.
Commissioner Hill asked if the $500.00 was for a whole year. The response was yes, and he added that that would not purchase very may flyers.
Commissioner Olson responded that he was absolutely corrected. However, you could get about 5,000 flyers, which means that you would have to be very selective is the distribution process. She went on to say that the Commissioners my want to use distribution sites as a way of disturbing their flyers.
Commissioner Jarboe stated that he would take Commissioner Campbell’s Friendly Amendment to add $500.00 for flyers. He then moved the agenda budget.
The Chair then asked all in favor of adopting the FY ’06 Budget as proposed to raise their hands. The vote was unanimous (9-0).
Commissioner Jarboe then stated the additional items is add an additional $1,500.00 to the FY 05 budget to complete this year, which will be for salary increase, additional $750.00 for telephone service and $200.00 for office supplies. These additions still will keep the ANC well within its allocations. He added that this is just to deal with the August and September bills.
Commissioner Glick moved to approve the authorization and it was seconded by Commissioner Cernich. The Chair asked all in favor to raise their hands. The vote was unanimous (9-0).
Commissioner Olson announced that the ANC now has a website, noting is on it as of now. However, she and Bert will be meeting with Gottlieb Simon in a couple of weeks to review the process for up loading and maintaining the site. She promised the Commissioners that she and Bert will have up on the website the next agenda just a soon as the Executive Committee meets for next month. The address is www.anc6b.org.
There was no further business and Commissioner Hill made the motion that the meeting be adjourned until next Meeting October 11, 2005. The motion was seconded, and the vote was 9 to 0.
Prepared by Bert Randolph
CONCERNED HOMEOWNERS OF ELEVENTH & PENN S.E. NEIGHBORHOOD
September 13, 2005
Dear ANC 6B Commissioners,
We the undersigned are homeowners in the vicinity of where a
5.5-story condominium is to be built at the corner of
Present plans for this building include as many as 28 units,
all but of five of which will have two bedrooms, but there will only be 21
on-site parking spaces built. At the
same time, plans for a 48-unit condominium on
It is logical to assume that most of the people living in these new buildings will have cars, and that in the case of units occupied by more than one adult, there will likely be two vehicles registered to these units.
It’s not necessary to do precise mathematical calculations to realize what the effect of all these “excess” cars will be on the blocks immediately surrounding both buildings: a very significant additional demand for on-street parking. At the May meeting of ANC 6B, a representative of the developer of the 48-unit building readily admitted that the on-site parking planned for his building wouldn’t be nearly enough to accommodate all of the vehicles of all the occupants. In response to this obvious future problem, he said that residents without on-site parking spaces would be able to park “toward Eastern Market.”
Our neighborhood is therefore likely to get the overflow,
not only from the condominium planned for 11th & Penn, but also
for the one on
We therefore ask the ANC to work in concert with whichever city agencies are necessary, to resolve this obvious, impending problem of a large insufficiency of on-street parking resulting from the construction of these two multi-unit residential buildings.
As a group, we are also going to work with other citizens’ groups—particularly on Capitol Hill---to lobby City Council members and others for a rise in the minimum number of on-site parking spaces developers are required by zoning regulations to build as a part of new multi-unit residential buildings. At present, the minimum number required is .5 parking spaces per unit; this is clearly too low. As part of this effort, we are also suggesting that the ANC request the Department of Transportation (or whichever city agency is responsible) to calculate out the average number of vehicles registered per unit for all residential buildings of more than two units in the Capitol Hill Historic District; and to report back to the ANC with the results.
Judith Jacobs Marian Thor
Anthony James Leslie Christovich
John and Deborah Laird Deborah McKern
Melanie Hauer Kathy Truex
Cecil Davidson and Nancy Allen Stephen and Evelyn Sinclair
Linda McMullen Bettina Aten and Alan Heston
Lee. F. Berger and Linsey P. Silver Janet R. Peterson and James H. Cady
Robert Amirian Ann Gunter
James Brady and Neysa Rich Kristin Oldenburg
Judy Niemyer Carl and Julie Moeller