Minutes of Regular Meeting

Tuesday, December 9, 2008, 7:00 PM

 

 

ATTENDANCE

 

Commissioners Present: Julie Olson, chairing; Ken Jarboe; David Garrison, Carol Green, Will Hill, Kirsten Oldenburg, and Mary Wright. Commissioner Michael Patterson joined the meeting during the Presentations.

 

Commissioners Absent: Neil Glick and Francis Campbell

 

Also in attendance:  ANC 6B Executive Director, Bert Randolph

 

1.      Adoption of Agenda

 

Following the introduction of the Commission, BZA case # 1418 K Street SE was added to the agenda. The Commission adopted the agenda as amended.

 

2.      Community Speakout

 

Virginia Spatz announced Eastern Senior High School has been placed on a fast track for modernization and has asked for planning ideas from builders, but there has been no community discussion about the academic programs in the school or how the modernization is suppose to work.  Ms. Spats believes it is important that the ANC and community should be aware of this because it is scheduled to happen relatively quickly.

 

3.      Commission and Community Announcements.

 

Commissioner Jarboe announced Councilmember Wells will hold his 3rd Community Meeting on the development of the Hines site on Saturday, December 13th from 10:00 am until 11:30 am at Tyler Elementary School.

 

Commissioner Jarboe announced a meeting Thursday, December 11th at St. Coletta to review the developer’s presentations for the Hill East Waterfront (Reservation 13 site).  There will be an open house at the beginning of the meeting.  The open house begins at 6:00 pm and the presentations will begin at 6:30 pm.

 

Commissioner Oldenburg announced the 3rd public meeting on the Boathouse Row Planning Study will be held on Tuesday, December 16th at Watkins Elementary School.  The open house is from 6:00 pm until 6:30 pm to view the maps and details of the plan.  From 6:30 pm until 8:30 will be a program, which will include a draft of the Planning Study.

 

Commissioner Oldenburg announced a group called Connecting Barrack Row will be holding a meeting on Thursday, December 18th at 7:30 pm at the Blue Castle Building, which is located at 770 M Street, SE.  The meeting will review a study conducted by college planning students regarding plans for Barracks Row 8th Street below the freeway.

 

4.      Presentations

 

·        Sun Trust National Marathon March 21, 2009 – Greater Washington Sports Alliance, Chris Brown, Vice President and Diane Thomas, Director of Community Relations

 

Mr. Brown stated their 4th Annual Marathon and Half Marathon will be held Saturday, March 21, 2009.  The events will begin at 7:00 am and will end by 1:30 pm.  There will be approximately 8,000 participants.  The full marathon will be 26.2 miles and the half marathon will be 13.1 miles.  Goodwill Industries –“Leave NO Trace” will participate before the event and afterward will immediately clean up any trash along the race route.

 

For more information contact Diane Thomas at 202.857.5914 email: dthomas@gwsportsalliance.com or Chris Brown at 202.857.5996 email: dcrowne@gwsportsalliance.com or their website: www.nationalmarathon.com.

 

·        Health Insurance Consulting Project (HICP) – Kamilah Pickett, Outreach Coordinator, George Washington Community Legal Clinics

 

Mr. Pickett was not present to make the presentation.

 

5.      Planning and Zoning Committee

 

Due to the absence of the Committee Chair, Francis Campbell, Commissioner Garrison read the report.

 

·        HPA # 09-046, 321 6th Street, SE – Rear addition

 

Commissioner Garrison reported the Committee recommends that the

Commission reject this application.  The owner Jean Whaley and architect Nuray Anahtar were present.  The neighbor to the north, who opposes the project, was present.  The applicant did not have a letter of support from the neighbor to the south of the project, as had been requested by the Committee.

 

      After much discussion regarding the addition’s visibility from the street and the apparent lack of adequate communication with the neighbor on the north, the Commission voted 7-0-1 to oppose the application.

 

·        HPA # 09-043, 218 5th Street, SE – Two-story rear addition screen room and relocation of deck

 

Commissioner Garrison reported that the Committee had no concerns with the project and had not heard of any issues from neighbors.  The Committee recommends this project for approval.  The Commission voted unanimously (8-0) to approve the application.

 

·                    HPA # 09-071, 138 D Street, SE – Two-story rear addition to existing one-family dwelling and BZA # 17979, 138 D Street, SE – Special exception to construct a two-story rear addition to existing one-family dwelling

 

Commissioner Garrison reported that the Committee had combined these HPA and BZA cases and recommended that the Commission support both cases.  Commissioner Garrison reported that, subsequent to the Committee meeting, the neighbors at 140 D Street SE had submitted a letter opposing the addition because of a negative impact on their light and air.  Ms. Fowler, the architect, presenting new information, stated that the light study shows that the addition will not have a negative impact on the neighbor’s light and air.

 

      The Commission, after discussing the light and air issues, voted unanimously (8-0) to support the HPRB application with the proviso that the applicant eliminate the use of stucco on the back of the addition in favor of a more appropriate finish.

 

      The Commission voted unanimously (8-0) the support the applicant’s BZA application.

 

·        BZA # 17860, 1442 Pennsylvania Avenue, SE – Variances from floor area ratio requirements, rear yard requirements, and parking requirements

 

Commissioner Garrison reported that the Committee had requested specific justification from the applicant for the variances it is seeking.  Mr. Norman Glasgow, Attorney with Holland & Knight, and Paul Millstein, Douglas Development represented the applicant. 

 

Mr. Millstein presented new information regarding the landscaping plan.  Mr. Glasgow presented the justification for the three area variances.

 

John Cochran and Tom Whalen told the Commission that the adjourning neighbors of the project had reached an agreement on the language of a Memorandum of Understanding (MOU) with the applicant that spelled out the specific measures to address their concerns regarding the project.

 

After some discussion regarding the attachment of the MOU to the BZA application for incorporation into the approval of the application by BZA, Mr. Glasgow explained that the MOU would become a part of the condition for receiving a Certificate of Occupancy, which would remain with the building before and after construction.

 

Commissioner Jarboe made the motion (second by Commissioner Hill) that the Commission support this application having met the test of the variance conditioned upon the attachment of items 1 through 5 of the MOU to the BZA.  The vote was unanimous (8-0).

 

·        ZC # 06-34, Comstock (now Kennedy Row, 1817 E. Capitol SE) PUD minor modification

 

Jeff Goins, architect, explained the nature of the minor modifications they were seeking to the project, which consist of changing the number of studios units from 26 to 23, and 2 bedrooms units from 51 to 54 units and 1 bedrooms from 56 to 63 units, as a result of these changes they reclaimed about 1,000 sq. ft. of space within the structure.  Additionally, based upon the increase in the number of units, the parking ratio will be reduced from 0.84 to 0.80.

 

Commissioner Jarboe moved (with second by Commissioner Patterson) that the Commission support the minor modifications to the number of units and parking spaces as requested.  The vote unanimous (8-0).

 

·        BZA # 17845, 1418 K Street, SE – Special exception to allow two-story rear addition to existing one-family dwelling not meeting court requirements

 

Commissioner Garrison stated that previously, in November 2008, the Commission voted to oppose this application until further information is received to clarify the Commission’s concerns.  The BZA has informed the Commission that it has received the additional information that was submitted by the applicants and wants a ruling by the Commission if this additional information satisfies the ANC’s previous concerns.

 

After reviewing the additional information regarding air, light and construction concerns, Commissioner Patterson motioned (second by Commissioner Hill) to approve the application as presented.  The vote unanimous (8-0)

 

6.      ABC Committee

 

As the scheduled ABC Committee meeting had not been held on December 4, 2008, the Committee’s agenda items were heard in full.

 

New License

 

·        Sanphan Thai Cuisine, Chontong, LLC, Lic. # ABRA-080550, 653 Pennsylvania Avenue, SE – New Retailer “C” Restaurant License – Full Service restaurant with background recorded music, Monday – Friday, 11 am – 11 pm, and Saturday and Sunday 11 am – 11:30 pm

      

Mr. Teerarat Panitansirikul, owner, explained that his establishment is currently open and serves Chinese food.  The restaurant has a seating capacity of 35 patrons and does not plan to have an eating area outside.  Only recorded background music will be available.

 

Commissioner Wright motioned (second by Commissioner Green) support of the application conditioned upon the execution of a Voluntary Agreement.  The vote was unanimous (8-0)

 

 License Renewals

 

The Chair reminded all the establishments that the new Single Sales Moratorium Act of 2008 will be going into effect in February of 2009.  The new Act will ban the sale of singles and spirits in sizes of a half-pint or smaller.  Therefore, each establishment seeking a renewal of its license will need to execute an updated Voluntary Agreement that contains language banning the sale of singles and small spirits.  Additionally, any establishment wanting to secure an exception  by the ABC Board will need to appear before the Commission for approval.

 

Commissioner Jarboe moved (with a second by Commissioner Patterson) that, for establishments who are not present, the Commission oppose the renewal of their licenses unless an updated Voluntary Agreement is signed, at which time the opposition will be withdrawn.  The vote was 8-0 in support of the motion.

 

Commissioner Jarboe moved (with a second by Commissioner Olson) to support Yes Organic and Harris Teeter establishments’ renewals contingent upon each signing an updated Voluntary Agreement, appropriate to their status.  The Commission voted in favor (8-0).

 

Commissioner Wright moved (with a second by Commissioner Jarboe) that the Commission support the renewal of Southeast Market, Motts Market, Pennsylvania Avenue Market, Roland’s of Capitol Hill, and Capitol Supreme Market licenses renewals conditioned upon each signing an updated Voluntary Agreement.  The Commission voted in favor of the motion (8-0).

 

·        Southeast Market, Idriani International, Inc., Lic # ABRA-076399, 1500 Independence Avenue, SE, Retailer “B”

 

No representative of Southeast Market was present.  Therefore the Commission voted 8-0 to oppose the renewal unless an updated Voluntary Agreement is signed. 

 

·        7th & L Street Market, Jungbyun, Inc., Lic. # ABRA-060537, 700 L Street, SE, Retailer “B”  

 

No representative of 7th and L Street Market was present.  Therefore the Commission voted 8-0 to oppose the renewal unless an updated Voluntary Agreement is signed. 

 

·        Motts Market, Choi Hyon Ku, Lic. # ABRA-010545, 233 12th Street, SE, Retailer “B” 

 

The Commission explained to the applicant why they would need to execute an updated Voluntary Agreement in order to renew their license.  It was further explained to the applicant that the Commission’s support of their license renewal will be conditioned upon the execution of the updated agreement.  The applicant agreed to sign an updated agreement, and the Commission voted to support (8-0) with updated VA.

 

·        Congress Market, Park & Song, Inc., Lic. # ABRA-076414, 421 East Capitol Street, SE, Retailer “B” 

 

No representative of Congress Market was present.  Therefore the Commission voted 8-0 to oppose the renewal unless an updated Voluntary Agreement is signed. 

 

·        Pennsylvania Avenue Market, Da-moa, Inc., Lic. # ABRA- 071197, 1501 Pennsylvania Avenue, SE, Retailer “B” 

 

The Commission explained to the applicant why they would need to execute an updated Voluntary Agreement in order to renew their license.  It was further explained to the applicant that the Commission’s support of its license renewal will be conditioned upon the execution of the updated agreement.  The Commission voted   8-0 to support the application with an updated VA.

 

·        Roland’s of Capitol Hill, Eugene, Inc., Lic. # ABRA-07814, 333 Pennsylvania Avenue, SE, Retailer “B” 

 

The Commission explained to the applicant why they would need to execute an updated Voluntary Agreement in order to renew its license.  It was further explained to the applicant that the Commission’s support of their license renewal will be conditioned upon the execution of the updated agreement.   The Commission voted   8-0 to support the application with an updated VA.

 

·        Harris Teeter, Harris Teeter, Inc., Lic. # ABRA-075692, 1350 Pennsylvania Avenue, SE, Retailer “B”

 

The applicant is a full-service grocery store and is therefore exempt from the Single Sales Moratorium Act of 2008.   The Commission voted 8-0 to support the application contingent upon the establishment signing an updated Voluntary Agreement, appropriate to its status.

 

 

·        Yes Organic Market, Yes Organic Market, Inc., Lic. # ABRA-071545, 656-658 Pennsylvania Avenue, SE, Retailer “B”

 

The applicant is a full-service grocery store and is therefore exempt from the Single Sales Moratorium Act of 2008.  The Commission voted 8-0 to support the application contingent upon the establishment signing an updated Voluntary Agreement, appropriate to its status.

 

·        Capitol Supreme Market, Lic. # ABRA-076858, 501 4th Street, SE, Retailer “B”  

 

The Commission explained to the applicant why they would need to execute an updated Voluntary Agreement in order to renew their license.  It was further explained to the applicant that the Commission’s support of their license renewal will be conditioned upon the execution of the updated agreement.  The Commission voted 8-0 to support the application with updated VA.

 

7.      Approval of Commission Minutes

 

The Commission approved (8-0) Commissioner Wright’s motion to approve the September 9, 2008, minutes.

 

8.      Update and Changes to By-Laws

 

9.      12. Adjournment

 

            The meeting was adjourned until its next meeting date of January 13, 2009.

 

Prepared by Kirsten Oldenburg            Attest:                                  _______     .

 

 

Attachment:

Planning and Zoning Committee Report (December 2, 2008)
Report of the Planning and Zoning Committee

 

December 2, 2008

 

Commissioners Present; Francis Campbell, Chair; David Garrison, Vice Chair; Kenan Jarboe, Kirsten Oldenburg, Michael Patterson, Wilbert Hill and Bert Randolph, Executive Assistant

 

HPA # 09-046, 321 6th Street SE - Rear addition

 

Jean & Chris Whaley are the owners and Nuray Anahtar is the architect. This is a single-family semi-detached home in the R-4 district.  Present lot coverage is 45% and with the proposed the coverage will be increased to 54%.

 

Owners propose a three-story rear addition to an existing two-story home. The rear addition will have a flat roof with a second story, a third story “tower” and rear (first story) deck.  These are open decks with cable railings. Of concern to the Committee are the views from the street of the proposed rear addition as well as the compatibility of the addition in the Historic District.  Views of the rear addition, as submitted by the applicants, show a large addition that is not wholly compatible in size, scope or design. 

 

There exists an additional concern about the compatibility of the proposed addition with the adjacent home that shares a common roof, center foundation wall and other structural elements.  The Committee is also concerned that the much of the proposed addition, especially the third-floor “tower” will be at least partially visible from 6th Street through the open court between 321 and 319 6th Street.

 

Of additional concern to the Committee is the level of communication with the applicant’s next door and abutting neighbor (323 6th St SE). Additionally are noted the concerns of CHRS in relation to this project of scope and appropriateness within the historic district.  The Committee also would like to see additional views of the proposed project from the adjoining neighbor’s property as well as letters of support from affected neighbors, especially the neighbor directly to the north.

 

The Committee recommends the full ANC reject this application at this time.

 

HPA # 09-043, 218 5th Street, SE – Two-story rear addition screen room and relocation of deck

 

Amir Yeroushalmie is the Owner and Sophia Suarez is the architect.  Owners propose to build a two-story screened addition to replace an existing two-story open deck along with an open two-deck and open balcony.

 

Current lot occupancy is 47% and with the proposed build-out the lot occupancy will increase to 58%.  The material provided by the applicant indicates that the addition cannot be seen from any public street. The owner has included with the submission letters of support from affected and adjacent neighbors.

 

At present there appear no issues from neighbors or concerns voiced by the Committee and as such the recommendation to the full ANC is for approval of the project pending no other adverse information.

 

HPA # 09-071, and BZA # 17979, 138 D Street, SE – Two story rear addition to existing single family dwelling; special exception to construct a two-story rear addition

 

Lloyd and Libby Doggett are the owners and Jennifer Fowler is the architect. Owners are proposing a two-story rear addition that will comprise of a first floor sunroom at grade and a second story covered porch. Current lot coverage is 61.5% and the proposed addition will increase it by 5.5 % to 67.0%. There is an existing side court of 5ft 6in and this will not change with the addition but will increase along the addition. With the proposed addition there will be a 20ft 4in rear yard setback from an existing garage. Owners have included with the submissions letters of support from neighbors as well as light studies regarding affected neighboring properties.  A letter of support from the abutting neighbor to the west (136 D St SE) was presented.  No letter of support was provided from the owner of the abutting property to the east (140 D Street SE). 

 

The Committee notes that this Commission is often supportive of requests for special exceptions to permit extension of lot coverage above 60% but not exceeding 70% so long as there are not extenuating circumstances that mitigate against such action such as significant loss of air and light by abutting properties. Based upon the applicant’s presentation, the Committee determines that the applicant has met the burden required for granting a special exception and recommends that the Commission support that request to the BZA.  The Committee also recommends that the Commission support the applicant’s proposal to the HPRB with the one proviso that the applicant eliminates the use of stucco on the back of the addition in favor of a more appropriate finish. 

 

The only item of concern is an existing tree at the rear of the aforementioned property. The applicant is encouraged to investigate the city requirements before this tree is removed. 

 

BZA # 17860, 1442 Pennsylvania Ave. SE – Variance from floor area ration requirements, rear yard requirements and parking requirements

 

This project has appeared before the Committee before and has met with approval. The owner now appears before the Committee to seek variances for FAR, rear yard and parking requirements. The applicant has met with adjourning and nearby neighbors and has petitions of support as well as a Memorandum of Understanding (MOU) with said neighbors. The applicant stated that it is willing to attach said MOU to the land title to address concerns that may arise for future owners. The Commission appreciates the time and effort the applicants have made in working with the community and other agencies to develop this property in a manner that would be harmonious to the area.

The Committee requested specific justifications from the applicant for the variances it is seeking.  Pending further information from the applicant regarding the request, the Committee makes no recommendation at this time.