Minutes of Regular
Meeting
Tuesday, February
10, 2009; 7:00 p.m.
ATTENDANCE
Commissioners Present: Francis Campbell,[1] Dave Garrison (chairing), Neil Glick, Carol Green, Will Hill, Ken Jarboe, Kirsten Oldenburg, and Michael Patterson
Commissioners Absent: Julie Olson and Mary Wright.
Also in attendance: ANC6B Executive Director,
Following the introduction of Commissioners, the agenda was amended to remove an Enrichment Foundation presentation and was adopted by the vote of 7-0.
No presentations
Traffic Calming Study
– Unit block of
Commissioner Campbell reported that the Committee recommended the Commission write a letter of support to DDOT regarding this study. No new information was presented and the Commission voted 8-0-0 to support the study.
HPA # 09-122, 660 E
Street SE – Concept small rear addition
Commissioner Campbell reported that the Committee recommended the Commission approve the project. The architect, Thomas Kamma, presented new information: (1) a letter from the owners of 658 E Street SE supporting the project and (2) said that the owners of 429 7th SE do support the project but have not yet written a letter. Noting that the letters received by the Commission addressed the BZA case rather than the HPA case, the Commission voted 8-0-0 to support the application.
BZA # 17900, 660 E
Street SE – Special exception to construct a two-story rear addition to an
existing one-family semi-detached dwelling not meeting lot occupancy, with side
yard and non-confirming structure
Commissioner Campbell reported that the Committee recommended the Commission approve the project, pending receipt of letters from neighbors. The architect, Thomas Kamma, presented the Commissioners with a requested letter and said the other neighbor also supported the project (see above HPA #09-122). The Commission voted 7-0-1 to support the application.
HPA # 09-123,
Commissioner Campbell reported that the Committee recommended the Commission approve the project. The architect, Mike Fowler, and owner, Patricia O’Hara, submitted letters of support from two neighbors across alley as had been requested by the Committee. Again, noting that the letters addressed the BZA case rather than HPA case, the Commission voted 8-0-0 to support the application.
BZA # 17910, 516 9th
Street SE – Special exception to construct a garage as an accessory structure
to a semi-detached dwelling in R-4, currently non-conforming with regard to lot
coverage
Commissioner Campbell reported that the Committee recommended the Commission approve the project. The architect, Mike Fowler, and owner, Patricia O’Hara, submitted letters of support from the neighbors as the Committee had requested (see HPA #09-123 above). The Commission voted 8-0-0 to support the application.
HPA # 09-124,
Commissioner Campbell reported that the Committee decided that, since the existing structure is already at the maximum height allowed by zoning and is on an alley visible to other existing residential properties, the Committee could not recommend this project for approval. After some discussion, Commissioner Jarboe moved that the Commission postpone a decision on case and to request a delay of HPRB until BZA makes its decision on the zoning issues (see below BZA #17897). Commissioner Campbell seconded the motion, and the Commission voted 8-0-0 in favor of it.
BZA # 17897, 223 10th
Street SE – Special exception lot occupancy to expand an existing garage; an
area variance for the height of an accessory structure; and a use variance to
create livable space in an accessory structure
Commissioner
The architects, Jennifer Fowler and Mike Fowler, and owner, Ellen Opper-Weiner, presented letters from the owner’s physical therapist and 3 more neighbor letters—two of them with property across alley—in support of the project. The owner presented several precedence cases in support of her hardship argument. Commissioners discussed the cases and found several relevant but expressed uneasiness with potential use in the future of the new structure, as designed, as separate living quarters.
Commissioner Jarboe moved (with a second by Commissioner Green) that the Commission support the application contingent on the elimination of the alley door and that no shower or tub be installed. Commissioner Campbell moved to amend the motion on the table, with a second by Commissioner Hill, to remove the “shower or” phrase. The Commission voted on this amendment 4-4-0; causing it to fail. The subsequent vote on the Jarboe motion was 2-6-0 and also failed. The Commission then voted 4-4-0 on the Committee’s recommendation to disapprove the application. As a result, the Commission took no position on the application.
HPA # 09-001, 224 2nd
Street SE – National Indian Gaming Association: Interior renovation and new
three-store addition concept review
Commissioner Campbell reported that the Committee recommended that, pending no new information, the Commission approve this conceptual plan. The architect had no new information to present when he arrived after the Commission had already started to discuss the application.
After considerable discussion, Commissioner Jarboe moved, with a second by Commissioner Oldenburg, that the last sentence of the Committee Report be amended, as follows: “The Committee continues to be concerned about the visibility from the street of the balcony and railings and, pending no new information, recommends preliminary approval of this conceptual plan by the full ANC.” The Commission voted 8-0-0 to support the amendment and voted 8-0-0 to support the Committee’s recommendation, as amended.
ZC #03-12/03-13 –
Modification to the Capper Carrollsburg PUD
Dan McCade of Urban Atlantic, the project architects, had no new information to present as Committee requests for additional information had been emailed and/or sent to Commissioners prior to the meeting.
Commissioner Jarboe reminded the Commission that its
original issues in 2001 about the project were that sufficient green space was
not being provided, the proposed building at 7th & M Streets SE
was too high, and the Community Center should be built sooner rather than later
and, Commissioner Jarboe concluded, in 2009 these three issues were before the
Commission again. The Commission
discussed the points presented.
Commissioner Jarboe moved, with a second by Commissioner Green, to amend the Committee Report recommendation, as follows: “The Committee recommends that the full ANC oppose the several changes included in the applicant’s request, except for the extension of the end date to 2013, which the Committee supports. The Committee bases its concern over the loss of green space, the height of Building 882B, and the delay in the construction of the Community Center.” The Commission vote on the motion to amend Committee Report was 8-0-0, and its vote on the amended report was 8-0-0.
ZC #08-20, Text Amendment to Regulate Firearms Retail
Sales
The Chair, in the absence of Commissioner Wright, read the Committee Report that recommends the Commission approve the requests from six (6) establishments for exceptions to the single sales ban, provided they sign revised Voluntary Agreements with a provision for a one-year evaluation. The Chair cautioned the establishments that the new law goes into effect today (February 10, 2009) and none of these exceptions—should the Commission support them—go into effect until ABC Board has acted on them.
Daniel Blair, a resident, asked the Commission not to proceed with its plans to offer exceptions to singles ban to any establishments within its purview.
The Commission debated the Committee recommendation and decided to proceed by voting separately on each application.
JJ Mutt Wine and
Spirits, Lic. # 25523, Class A,
With the applicant present, the Commission voted 6-1-0 on the Committee’s recommendation to support an exception for the sale of single beers and small bottles of spirits pending a signed, revised Voluntary Agreement.
Capitol Hill Wine and
Spirits, Lic. # 883, Class A,
With the applicant present, the Commission voted 6-1-0 on the Committee’s recommendation to support an exception for the sale of single beers and small bottles of spirits pending a signed, revised Voluntary Agreement.
World Liquors, Lic. #
76, Class A,
The ABC Committee recommends approval if the applicant and neighbors are able to resolve their issues prior to the February 10 Commission meeting. Commissioner Hill advised the Commission that resolution had been achieved. Commissioner Glick spoke in opposition to the approach the Commission was taking and moved to postpone action. There was no second so the motion failed. After some discussion, the Commission voted 6-1-0 to support the Committee’s recommendation to support an exception for the sale of small bottles of spirits pending a signed, revised Voluntary Agreement.
Eastern Thrifty Market,
Lic. # 685, Class B,
With the applicant present, the Commission voted 6-1-0 on the Committee’s recommendation to support an exception for the sale of single beers pending a signed, revised Voluntary Agreement.
Hayden’s Liquors, Lic.
# 437, Class A,
With no representative of the applicant present, Commissioner Glick moved to delay the decision on this case until the Commission’s March meeting. There was no second. The Commission voted 6-1-0 on the Committee’s recommendation to support an exception for the sale of single beers and small bottles of spirits pending a signed, revised Voluntary Agreement.
Gandel’s Liquors,
Lic. # 71312, Class A,
With the applicant present, the Commission voted 6-1-0 on the Committee’s recommendation to support an exception for the sale of single beers and small bottles of spirits pending a signed, revised Voluntary Agreement.
Commissioner Jarboe read his Eastern Market Committee report, based on the EMCAC January 2009 meeting and subsequent activities, which include: status of roof work, OPM management of the market, and testing of sidewalk and street pavers.
The Chair recommended that this agenda item be postponed because of the late hour and because Commissioner Olson—who had proposed several changes—was absent. In addition, only seven (7) Commissioners were now present and any ByLaws changes require a 2/3’s vote of all ten Commissioners.
To choose Committee Chairs, the Chair suggested that the Commission use the election process proposed by Commissioner Green for changes to the Bylaws.
The Chair proposed that the Commission elect Commissioner Campbell as the Chair of the Planning and Zoning Committee. There being no other nominations, the Commission voted 7-0-0 to elect Commissioner Campbell.
The Chair proposed that the Commission elect Commissioner Wright as the Chair of the ABC Committee. There being no other nominations, the Commission voted 6-1-0 to elect Commissioner Wright.
The Commission adopted the January 13, 2009, Meeting Minutes without any discussion with a vote of 7-0-0.
Commission Jarboe moved (with a second by Commissioner Glick) that the January 29, 2009, Call Meeting Minutes be amended to add a paragraph on the motions that failed. The Commission voted 7-0-0 on the amendment and the minutes were adopted, as amended, by a vote of 7-0-0.
10. Adjournment
The meeting was adjourned at 10:00 pm.
Prepared by Kirsten Oldenburg Attest:
_____________ .
Attachments:
Planning & Zoning Committee Report, February 3, 2009
ABC Committee Report, February 5, 2009
Eastern Market Report
Report of the Planning and Zoning Committee
February 3, 2009
Commissioners
Present: Francis Campbell, Chair; David Garrison, Kenan Jarboe, Carol Green,
Kirsten Oldenburg
Petition for Traffic Calming Study – Unit block of
Melvin Senter presented to the Commission a petition for a
traffic study signed by residents of the unit block of
HPA #09-122, 660 E Street, SE – Concept small rear
addition
Presenting: Thomas Kamm, Architect, and Traci Roman, Owner
Applicant owns a two-story home and plans to build a small addition on the rear. The two-story addition will extend four (4) feet more to the rear than does the existing structure. The owner will remove an existing utility shed in the rear yard and replace this with new landscaping. The owner has no plans to change the front of the building. The rear of the property is landlocked and can only be viewed by adjacent property owners.
Applicant proposes that the construction of the new rear wall will be brick veneer. Of some concern to the Committee is the size of the new rear first floor window, which is larger and has different proportions than the two second floor windows. The applicant has stated that the larger size of the rear window is to allow maximum light into the kitchen; but the Committee suggested that a different arrangement might be developed to provide a more uniform appearance to the rear of the house. The applicant has letters of support from her neighbors for her proposal and is scheduled to appear before HPRB this month.
Noting issues raised by CHRS, the Committee is also concerned about the placement of the rear fence that the applicant proposes to erect at the rear of the property. The owner should clearly define the property line before the erection of said fence.
The Committee recommends the project for approval to the full ANC.
BZA # 17900, 660 E Street,
SE – Special exception to construct a two story rear addition to an existing
one-family semi-detached dwelling, not meeting lot occupancy, with side yard
and non-conforming structure
Presenting: Thomas Kamm, Architect, and Traci Roman, Owner
Applicant is seeking a special exception to construct a four (4) foot addition to an existing S.F.D. (single-family dwelling) which has a non-conforming 4ft 2in side yard. The present lot occupancy is 71.5% including a detached utility shed in the rear yard. The applicant proposes to remove the utility shed and a one-story addition at the rear of the house and add a two-story rear addition that will result in a decrease in the lot occupancy to 70%.
Of note is that the new addition will be built on the west side of the property, maintaining the side yard, and will be constructed alongside the deeper and taller brick wall of the adjacent property. The proposed two-story addition will not extend beyond this existing wall and will actually be shorter by two feet than the existing structure. Per the applicants proposed drawings these changes will allow for a better design and construction of a half bath on the first floor, as well as a new bath and bedroom on the second floor.
Pending the additional letter of support from the next door neighbor, as requested by the Committee, and no new information, the Committee recommends this project for approval to the full ANC.
HPA #09-123, 516 9th Street, SE – Concept new
one story garage
Mike Fowler, Architect, representing Patricia O’Hara, Owner.
Owner proposes no changes to the existing single family dwelling. She plans to build a 371 sq. ft. garage at the rear of the property. Presently, there is a raised rear yard with a utility shed at the back fence. The proposal includes removal of the shed and excavation of the site to the rear alley grade to construct a garage that will be 9ft 4in high in the rear yard aspect and 12ft tall at the alley aspect. The two-car garage will have an upper loft storage area 5ft 6in deep by 19ft 3-1/4 in. wide at the alley side. West (rear) and South (side) aspects will be hardi plank with asphalt shingle roofing. Lastly, the construction of said garage will not “substantially visually intrude upon the character, scale and pattern of houses along the subject street frontage” as the structure will be built in the rear will not be visible from the street and will visually match in scale and character to existing garages in the alley.
Noted are letters of support from neighbors at 518 &
BZA #17910, 516 9th Street, SE – Special
exception to construct a garage as an accessory structure to a semi-detached
dwelling in R-4, currently non-conforming with regard to lot coverage
Applicant is seeking a special exception to construct a
garage at the rear of the single family dwelling. In the applicant’s
submissions is a “Burden of Proof “statement which highlights qualifiers in the
D.C.M.R., specifically Section 223(11 DCMR 223.3) and sites that the addition
will not have a detrimental effect on properties adjacent as it is in the rear
of the property and as such will not unduly affect the air, light or privacy of
the adjacent properties. The proposed garage will abut a similar garage at the
rear of
The proposed construction will raise the lot occupancy from 58% to 70%. The property is already over the allotted lot occupancy of 40% for a semidetached row house but it has been the history of the Commission to approve lot coverage’s up to the allotted 70% where it is shown not to unduly affect adjacent or abutting properties.
Noted are letters of support from abutting neighbors who have been presented with copies of plans of the proposed construction and pending additional letters of support, as requested by the Committee, the Committee recommends approval of this project to the full ANC.
HPA #09-124,
Presenting: Mike Fowler, Architect, and Ellen Opper-Weiner, Owner. Applicant presents plans for a second floor garage addition to an existing rear yard garage. Owner proposes to remove a partition wall in the existing cellar, remove an existing wall to a finished room on the first floor of the garage along with changing the existing garage exterior facade. Remove the existing loft and stairway of the existing loft. Changes would be a new cellar door accessible from the exterior yard, enlargement of the first floor finished room, a direct of removing the curved interior wall, changing the exterior garage door to a single car entrance with an exterior door to the finished room, a interior circular stairway to the proposed second floor. The second floor will have a bathroom addition and closet. The addition to the existing garage is four (4) ft. Per the plans the applicant has a window bank along the yard (east aspect) with hardi-plank or stucco on the north elevation above the existing roofline and stucco or hardi-plank on the west (rear) aspect with extensive window band above the proposed garage door.
The Committee has numerous concerns regarding this project, including the multitude of materials for the proposed addition, the necessity of the bathroom, the functionality of the circular stairway. Although the owner has expressed no interest in making this a rental unit, with the addition of the bathroom and added height the likely hood of this, with simple modifications may make this an alternative to a future owner.
The Commission notes that this proposal lies in the Capitol Hill Historic District. Owing to the fact that the existing structure is already at the maximum height allowed by zoning and is on an alley visible to other existing residential properties, the Committee can not recommend this project for approval to the full ANC.
BZA # 17897, 223 10th Street SE - Special
exception lot occupancy to expand an existing garage; an area variance for the
height of an accessory structure; and a use variance to create livable space in
an accessory structure
Mike Fowler Architect, and Ellen Opper-Weiner, owner
presenting. Owner is seeking a special exception to extend the roofline of an
existing rear yard garage an additional four (4) ft. to create a usable living
space with a bathroom. Owner has letters of support from adjourning neighbors.
Two neighbors, Charles Cooper of
In the applicant’s Burden of Proof statement she cites various examples of similar structures in the alley resembling the proposed construction that are useable living spaces or carriage houses. The applicant argues that the existing house has an open court at the front and this has taken away from the usable space on the interior of the house. The applicant notes that since the property is in the Capitol Hill Historic District, the open court in the front cannot be built on without significantly changing the character of the home. The applicant further notes that the house has no basement, which further limits usable and livable space. The applicant, in her written statement, cites numerous examples of why the project meets the special exception and uniqueness test as required by the regulations (11 DCMR Section 3103.2, 223). Nevertheless, the Committee concluded that the proposal does not present sufficient grounds to conclude that the circumstances in this case are unique or present a hardship as required by the statute in order to be granted a variance. Further the Committee concludes that the proposed change would substantially visually intrude upon the character, scale and pattern of houses along the public alley. Pending any additional information that would meet the burden of proof for either a special exception or variance, the Committee recommends that this application be disapproved by the full ANC.
HPA #
Applicant has appeared before the Committee before and now
appears with new conceptual drawing for a proposed three (3) story addition
with below grade parking, between the existing
First floor plans show a large circular meeting room with an open door system and patio, entry canopy and stairways. Second floor plans show a new second floor plan over a rear existing one-story garage with office, administrative space and restroom. The circular meeting room shows a roof terrace, office space and men and women’s restrooms and stairways. The third floor plan shows a small terrace area, office spaces, stairways and pantry areas. There is connectivity to the existing second street building to the proposed addition at each floor.
Conceptual pictures show an addition that, though visible from the street, will
have less visual impact than previous incarnations. The Committee continues to
be concerned about the visibility from the street of the balcony and railings
and, pending no new information, recommends preliminary approval of this
conceptual plan by the full ANC
The presentation was made by Dan McCabe with Urban Atlantic and Kyrus Freeman of Holland & Knight. Although this project, when first presented, was within the boundaries of ANC6B, with the last redrawing of the boundaries this project now lies in 6C. Thus, 6B is now in the status of an affected ANC.
Mr. Freeman described to the Committee a number of proposed changes that primarily effect squares 769, 882A and 882B. Largely, these changes appear to be increases in the number of units in these segments of the overall project. Specifically in 769A the units would increase from 107 to 171, public housing units would change from zero to 34 and the number of parking spaces from 107 to 152. This building would also include 4,090 sq. ft. of retail space on the first floor.
In 882A the original plan was that this segment would be a for-sale townhouses with a maximum height of 45 feet. The new plan is for a multi-family rental structure with a maximum height of 60 feet. The total number of units is proposed to increase from 75 to 189, with public housing units going from 34 to 38 and the parking spaces increasing from 49 to 172.
In 882B the requested changes in the plan are for an increase in height from 90 ft to 92 ft and a decrease in the number of parking spaces from 400 to 284. The additional height of the building would allow for an increase in the ceiling height of the proposed first floor retail in this building. The proposal is for fifteen thousand sq ft of retail space. In addition there is a request for a decrease in the number of loading berths in the plan from 6 to 3 to allow for greater flexibility during the construction of the proposed building design. The decrease in the number of loading berths does not appear to be a problem and may allow for further design modifications to the building to resolve other design challenges.
The proposal requests an “overall extension” to the completion date set forth in the PUD, moving it from October 2008 to December 31, 2013. The proposal also indicates that the planned community center will not be built until near the end of the project. The applicant stated that other components of the project will need to be completed and bringing in income before the developers will be able to afford the cost of the community center.
The Committee posed several questions to the applicant,
The Committee recommends that the full ANC oppose the several changes included in the applicant’s request, except for the extension of the end date to 2013, which the Committee supports. However, the Committee recommends that the Commission seek clarification on the prospects for the amount and placement of green spaces in the proposed area and the possibility for an earlier time target for the construction of the Community Center.
ZC #08-20, Text Amendment to Regulate Firearms Retail
Sales
Specifically there are three (3) changes to the text amendment:
1). Prohibit a firearm retail sales establishment use as a home occupation
2). Allow firearm retail sales establishments as a permitted use in the C-2-A through C-5 commercial districts and in both of the industrial zones.
3). Reduce the buffer area from 600 to 300 feet.
In looking at the Office of Planning’s map, showing where
eligible zones would be under this plan, focusing specifically on the territory
of ANC6B, it appears that the Pennsylvania Avenue corridor between 2nd
St. SE & 4th St SE, 8th St. to 17th St SE,
and 15th St SE between D St. and A St. SE are the areas mainly
affected. As most of the area of
ABC COMMITTEE
Report and Recommendations
February 5, 2009
Commissioners
Present: Mary Wright (Chair), Ken Jarboe, Carol Green, Will Hill and David
Garrison;
The Committee considered requests from six businesses for exceptions from the “Single Sales Moratorium Act of 2008”, the provisions of which go into effect on February 10, 2009. For Wards 2 and 6, that statute prohibits holders of off-premise retailer’s licenses, Class A or B, from:
The new law permits covered businesses to seek an exception from these restrictions from the ABC Board. In considering a request for an exception, the Board is required to consider the following factors:
The Committee reviewed each of the six applications listed below. In each case, the Committee inquired about the establishment’s practices in selling singles and half-pints and the portion of the store’s overall business that these sales comprise. The Committee also asked applicants whether any issues had been raised with them by neighbors about the sales of singles and half-pints. In only one case, World Liquors, were neighbors present to speak to this aspect of the review. The Committee also considered ways in which the granting of an exception could be monitored and reviewed over some reasonable period of time.
Assuming no additional testimony to the contrary is provided by the community at the February 10th meeting regarding these applicants, the Committee recommends to the full Commission that the requested exceptions be approved, in the fashion detailed below for each store, provided that each establishment agree to sign an updated Voluntary Agreement with the Commission that includes a provision requiring a one-year evaluation by the ANC of the community’s experience with the sale of products covered by the exception. The Committee notes that early indications from ABRA staff suggest that the Board may support this approach and in so doing make these updated Voluntary Agreements part of the terms of any approvals.
These are the specifics regarding each applicant:
ANC 6B Eastern Market Committee update
February 10, 2009
The following is my report on Eastern Market, based on the EMCAC meeting of January 14, 2009 and subsequent activities:
Scaffolding is up around the North Hall for the roof work. Interior work on the South Hall is progressing, with crews working additional hours because of further work on the flooring.
The Office of Property Management has taken control of day-to-day management of the market and the collection of rents. The review of responses to the market manager RFP continues.