Advisory
Neighborhood Commission 6B
Minutes of Regular
Meeting
Tuesday, February
9; 7:00 p.m.
Rescheduled to
February 23, 2010, because of winter weather
ATTENDANCE
Commissioners Present: Francis Campbell, Dave Garrison (chairing), Carol Green, Neil Glick, Will Hill, Kenan Jarboe, Norman Metzger, Kirsten Oldenburg, and Mary Wright
Commissioners Absent: Michael Patterson
Also in attendance: ANC6B Executive Director, Bert Randolph.
Following the introduction of Commissioners, the Chair asked for changes to the agenda. Commissioner Green added an item to the Treasurer’s Financial Report portion of the agenda. The Chair removed the 1333 M Street SE item from the Planning & Zoning portion of the agenda. The amended agenda was adopted by voice vote.
Ms Barbara Riehle reminded the Commission that she
had asked at a previous meeting about The Hill Center promise to hold a
community meeting to discuss program ideas.
The Chair responded that he had contacted the Center and was told
that the organization still intends to hold this meeting; however, principals
have been very busy of late arranging for the renovation of the
Ms Barbara Riehle announced the Eastern Market Metro Citizen’s Association (EMMCA) will be holding an evening meeting on March 1, 2010, at 806 E Street SE. All those interested are invited to attend.
Ms Jennifer Fowler announced that Tyler Elementary School PTA will be holding a fundraiser on March 13, 2010, from 7 to 11 pm in Eastern Market’s North Hall. The event “The Alchemy of Great Taste” will include food, beer, and wine, music, artwork auction, and prizes. Pre-event cost is $50; at the door, $60.
The Chair
announced that ANC6B would be moving out of the Old Naval Hospital (ONH)
effective March 1, 2010. The
Commission’s office will be located at
4.
Presentations
No one was present from the DC Department of Transportation to make the presentation.
Casey Trees Program Offerings, Carol Herwig,
Ms Carol Herwig, Volunteer Coordinator, Casey Trees, made a presentation highlighting the many programs offered by the organization. Included, for instance, are a series of classes on various aspects of tree planting and care. Casey Trees also offers financial assistance and advise on special tree plantings on private property in DC and offers summer jobs to DC high school students. Contact information: 202-349-1907 or caseytrees.org.
PS #XXXX,
Commissioner Campbell reported the Committee recommends that the Commission approve Zest’s application for a sidewalk café. Ms Jennifer Fowler, architect, represented the restaurant owners and said there was no new information on this case. The Commission voted 9-0 in favor of the Committee’s recommendation.
BZA
Commissioner Campbell reported the Committee recommends that the Commission support this application provided that the owner satisfies the Commission that all reasonable efforts have been taken to contact affected neighbors and that there are no significant adverse effects on air and light to adjacent properties.
Ms Catherine Plume, owner, and Mr. Kim Jones, architect,
were present. They provided a letter of
support from the adjacent house at
HPO #10-130,
Commissioner Campbell reported the Committee recommends that the Commission support the historic preservation application as long as adjacent neighbors do not object. Ms Jennifer Fowler, architect, and Mr. Nathan Cobb, owner, were present. Ms Fowler said there was no new information. The Commission voted 8-0-1 in favor of the Committee’s recommendation.
HPO #09-109, 1229 E Street SE—Revised conceptual plans for partial demolition and two additions
Commissioner Campbell reported that the Committee was unable to fully access the application because the applicants did not provide a plat showing existing and proposed footprint of the structures in relationship to abutting neighbor’s houses and property lines. Thus, there is no Committee recommendation on this application.
The applicants, Mr. Paxton Helms and Ms Mary Quillian Helms, were present and provided the Commission with the documents requested by the Committee. In addition, they supplied information on liabilities connected with construction, a corrected drawing of the proposed dormer window, and email communication they had with DDOT regarding the controversial curb cut.
Commissioner Metzger questioned the applicants about the scale of their proposed additions and noted the absence of side elevations. Commissioner Oldenburg pointed out new, positive elements of the current design: the front porch added to the shotgun house and the apparently lowering of the height of the 3-story addition. Commissioner Oldenburg also noted that neighbors on the block are overwhelmingly in favor of resolving this longstanding problem but they are not in favor of the current proposal because it does not fit the character of the existing houses on the block.
Among the residents present, Mr. Mark Segraves revisited the issue of the curb cut; and Mr. Robert McCulloch, owner of the adjacent 1227 property, spoke out in opposition to the size and scale of the planned additions. He also brought up issues not germane to a historic preservation case.
Commissioner Glick moved (with a second by Commissioner Green) that the Commission vote in opposition to the application because the plans are incompatible with surrounding townhouses and because of neighborhood opposition to the design, massing, and scale. The Commission urges the Helms to return with plans that are more compatible with the immediate block regarding design, massing, and scale. The Commission voted 8-0 in favor of the motion with one abstention.
HPO #09-109,
PS
Commissioner Campbell reported the Committee recommends that the Commission approve the HP case with the proviso that all parties return to the ANC once a parking plan starts to be developed to allow input from the Commission and its constituents. The Committee also recommends that the Commission approve the public space application.
The Commission received a petition from 14 neighbors living
near the Marine Barracks supporting the current plan. One other neighbor—Ms Helene Quick—spoke out
against the new parking scheme the plans entail for the southside of the 800
block of
After some discussion, the Commission voted 9-0 to support the Committee’s recommendation on the HP case and voted 9-0 to support the Committee’s recommendation on the public space application.
5th
Annual SunTrust National
Commissioner Campbell reported that the Committee recommends that the Commission revise its earlier position [to oppose the race] and now Not Oppose the holding of this race and that it communicate this change in position to the Sports Alliance, MPD, and Councilmember Wells. Further, the Committee recommends that the Commission closely monitor events on race day and that it authorize the Chair and any other ANC6B Commissioners the Chair designates to discuss these results with ANC’s 6A, 6C, and 6D, and any other city officials, including Councilmember Wells, soon after the race in order to assess the future of this event as regards the use of Capitol Hill streets. Finally, should this race be held in the future, the Committee recommends that ANC6B notify the Sports Alliance and MPD that the Commission is likely to oppose the race next year if the route and race management issues are brought before the Commission later than six months prior to the race date.
Mr. Chris Brown of the Greater Washington Sports Alliance was present at the meeting. He informed the Commission that the safety aspects of the race had been approved by DC homeland authorities and assured the Commission that MPD was fully engaged. Mr. Brown offered to meet with the Planning & Zoning Committee in May to review the operation of this year’s race.
Mr. Ron McBee, Chair of ANC6D, was present and stated that 6D may approve the race but would like to work with ANC6B on the establishment of guidelines for future races held in Ward 6. Ms Naomi Mitchell of Councilmember Wells office informed the Commission that Councilmember Wells has asked MPD Assistant Chief Groomes to bring Officer James Jaffee (MPD Special Operations Division) to meet with the Councilmember prior to the race to assure him that all of the ANCs’ concerns will be addressed.
After some discussion among Commissioners, the Commission voted 9-0 in favor of the Committee’s recommendations.
Assessment
to appeal Zoning Administrator’s decision regarding
Commissioner Campbell reported the Committee recommended that the Commission appeal the decision of the Zoning Administrator and request that the Board of Zoning Appeals (BZA) withdraw the permit. Further, the Committee recommends that the Commission oppose the issuance of a certificate of occupancy by DCRA and, if said certificate is issued, to appeal the agency’s decision to BZA. The Committee also recommends that the Commission authorize the Chair and any other Commissioners the Chair designates to bring ANC6B’s concerns about this matter to the attention of appropriate city officials.
Present at the meeting were Mr. Michael Wilson, owner of an
adjacent property, Mr. Brent McAllister of the Airports Council International
(ACI), and Mr. Richard Aguglia, attorney for ACI. Mr. Aguglia said that the DCRA permits had
been obtained and posted in a timely manner and submitted an affidavit of
Freddy Benevides, the onsite construction manager. Mr. McAllister informed the Commission that
ACI’s purpose is to establish a social club.
He also said that, if the ANC does not appeal, ACI would aggree to rent
out the basement of
During discussions among Commissioners on the matter, Commissioner Garrison said that the use of residential properties for commercial purposes was a huge problem in his single member district. Commissioner Jarboe noted that this application, if allowed to stand, would create a loophole.
The Commission voted 9-0 in favor of the Committee’s recommendation.
Renewal
of Exemption for Single Sales
One year ago, the Commission approved exemptions to the ban on single sales in Ward 6 to permit the sale of single beer and/or small liquors to five establishments. These exemptions become void if the Commission does not act to extend them.
Commissioner Wright reported that the Committee recommended that the Commission approve a revised Voluntary Agreement that extends the current exemptions to run concurrently with the cycle for review of each of the following establishment’s liquor licenses:
JJ Mutts Wine and Spirits,
Lic.#25523, Class A,
Capitol
Hill Wine and Spirits, Lic.#883, Class A,
Haydens,
Lic.#437, Class A,
World
Liquors, Lic.#76, Class A,
The Commission voted 9-0 individually for each establishment in favor of the Committee’s recommendation.
In the case of Eastern Thrift Market, Lic.#76, Class A,
After some discussion with the owner of Eastern Thrift Market and among Commissioners, Commissioner Campbell moved (with a second by Commissioner Metzger) that the report be amended to recommend that ABRA give the establishment 30 days to sell off its existing stock of singles and small liquors. The Commission voted 6-2-1 in favor of the motion. Subsequently, the Commission voted 8-0-1 in favor of the Committee’s amended recommendation.[3]
Commissioner Garrison called for nominations for Chair of the Planning & Zoning Committee for 2010. Commissioner Oldenburg nominated Commissioner Campbell. No other nominations were received, and the Commission voted 7-0-1 to reelect Commissioner Campbell. Commissioner Garrison called for nominations for Chair of the ABC Committee for 2010. Commissioner Jarboe nominated Commissioner Wright. No other nominations were received, and the Commission voted 8-0 to reelect Commissioner Wright. Subsequently, Commissioner Oldenburg and Commissioner Green were appointed, respectively, as Vice-chairs of the Planning & Zoning and ABC Committees.
The Chair announced that, under provisions in the By-Laws of the Commission, he was establishing a new Special Committee of Retail Mix; and he appointed Commissioner Jarboe as Chair and Commissioner Metzger as Vice-chair of this new committee. The overall charge to the new committee is to consider the range of options available to the ANC and the community—both short- and long-term—to achieve a balanced retail mix along our business corridors. The committee is to report back to the Commission at its regular meeting in April on its proposed initial work plan. The full statement by the Chair is attached.
8. Eastern
Market Report
The Chair announced that he was appointing Commissioner Jarboe as ANC6B Representative to EMCAC and Commissioner Norman Metzger as Alternate Representative for 2010. Commissioner Jarboe then read the Eastern Market Report, a copy of which is attached.
9. Financial
Report
Commissioner Green announced that at the beginning of the First Quarter of FY 2010 (October-December 2009) the Commission had $70,174.53 in total funds available. During the Quarter, ANC6B received $7,945.39 and dispersed $5,884.41, to result in an ending balance of $72,235.51. Commission Green then moved (with a second by Commissioner Oldenburg) that the Commission approve the First Quarter FY 2010 Financial Report. The Commission voted 8-0 in favor of the motion.
Commissioner Green moved (with a second by Commissioner
Campbell) that the Commission authorize a payment of no more than $400.00 to
cover the costs of moving the ANC6B office from the
Commissioner Oldenburg moved (with a second by Commissioner Metzger) that the Commission approve the minutes of the January 12, 2010, regular monthly meeting. The Commission voted 8-0 to adopt the minutes.
11.
Adjournment
At the end of the meeting, Commissioner Jarboe noted that
this was a historic moment; that the Commission, which must now vacate the
The meeting was adjourned at 10:45 pm.
Prepared by Kirsten Oldenburg Attest:
_____________ .
Attachments:
Agenda, as adopted
Planning & Zoning Committee Report
ABC Committee Report
Chair’s Statement on Special Committee on Retail Mix
Eastern Market Report
Quarterly Financial Report (October-December 2009)
Meeting Agenda
Due to Snow Storm - Rescheduled to February 23, 2010 – 7:00 PM
Agenda
1. Adoption of Agenda
2. Community Speakout
3. Community and Commission Announcements
4. Presentation
· DC Streetcar Program – Scott Kubly, DC Department of Transportation (Rescheduled to March agenda)
· Casey Trees various program offerings – Carol Herwig, Casey Trees
5. Planning and Zoning Committee
(These items will also be considered by the P & Z Committee on February 2, 2010)
·
PS
· BZA # 18046, 307 9th Street, SE – Special exception to allow a rear addition to an existing one-family row dwelling not meeting lot occupancy requirements
·
HPO # 10-130,
· HPO # 09-109, 1229 E Street, SE – Revised conceptual plans
·
HPO # 08-318,
·
PS
· 5th Annual SunTrust National Marathon – Review of revised race plans, Diane Thomas; Director of Community Relations Greater Washington Sports Alliance
· Assessment to appeal zoning administrator’s decision regarding 136 D Street, SE – Brett McAllister, Airport Council International-North America, and Richard Aguglia with Hunton & Williams
6. ABC Committee
(These
items will also be considered by the ABC Committee on February 4, 2010)
Renewal Exemption
·
JJ Mutt Wine and Spirits, Lic. # 25523, Class A,
·
Capitol Hill Wine and Spirits, Lic # 883, Class
A,
·
World Liquors, Lic. # 76, Class A,
·
Eastern Thrift Market, Lic. # 685, Class B,
·
Hayden’s, Lic. # 437, Class A,
7. Committee Elections and Appointments
8. Eastern Market Report
9. 1st Quarter Financial Report
10. Approval of Commission Minutes
11. Adjournment
NOTE:
Late-Breaking ABC, Payphone, Zoning, or Historic Preservation Cases may
be added to this Agenda.
For additional information, call 202.543.3344 or
e-mail: office@anc6b.org, website:
www.ancb6.org.
Next Meeting: March 9, 2010
February 02, 2010
7:00 pm
Commissioners
present: Francis Campbell, Chair;
Kirsten Oldenburg, Vice Chair; Kenan Jarboe, David Garrison, Carol Green, and
Executive Director Bert Randolph
PS
The applicant is proposing an unenclosed sidewalk cafe in front of the Zest Bistro restaurant. The restaurant’s CR ABC license already covers a sidewalk café.
The proposed sidewalk café will be approximately 9 feet deep and 14 feet wide and will contain 5 tables and 10 chairs. A system of wood railings with movable metal base supports is proposed to demarcate the area of the sidewalk café, similar to one at the nearby Molly Malone’s restaurant. Commissioner Oldenburg suggested that the owners consider a less heavy barrier system such as the one at the Matchbox restaurant. She also noted that the plans as presented provide for what the Commission thinks is the required minimum of 6 feet of clear pedestrian walkway in front of the sidewalk café.
The applicant has a Public Space application pending and is set to appear before DDOT’s Open Space Committee on March 25, 2010. The Committee recommends approval of this proposal to the full ANC.
BZA
Presenting were Kim Jones, architect, and Catherine Plume, owner. The owner proposes to remove an existing one-story rear addition that is now a small kitchen. Per the owner’s submissions, the property was built in 1887 with the kitchen addition added at some point over the years. This addition was not built to the same standard as the original house and as such has substantially deteriorated over the ensuing years. There is no foundation under the floor and the walls are beginning to fail due to substandard masonry exterior walls.
The owner proposes to remove this addition and construct a two-story masonry addition that will enclose the existing dogleg, allow for an increase in size and modernization of the kitchen and allow the construction of a second floor master bedroom. The Commission already supported this addition when it came before the ANC in 2009 as an HPO case.
What makes this case unique is that the front porch of this property, unlike similar properties in the area, is not in public space and is, therefore, counted toward lot occupancy. All told, the current house occupies 63% of the existing lot, 7% of which is attributable to the front porch. The proposed addition would push the total lot occupancy to 67%. Were the front porch not included in the lot occupancy calculation, the remainder of the building with the proposed addition would occupy 60% of the lot, the ceiling normally applied to single-family, attached dwellings in an R-4 district.
The owner also owns one of the adjacent properties to this property and stated that there are no issues of air, light or privacy. The owner maintains that the proposed addition will be similar to other additions in the area. Further, the owner proposes to have the addition cover the full width of the lot and thus reduce the projection of the building into the back yard by two feet for a more efficient use of the lot.
One issue of concern noted by the Committee is the issue of air & light impact on the other adjacent neighbor. There are no letters of support included with the owner’s submission from adjacent or affected neighbors. The owner stated that there has been some difficulty in contacting the relevant neighbor due to the fact that said neighbor works for the State Department and is largely unavailable.
The Committee recommends this proposal for approval to the full ANC, provided that the owner satisfies the Commission that all reasonable efforts have been taken to contact affected neighbors and that there are no significant adverse effects on air and light to adjacent properties.
HPO # 10-130,
Jennifer Fowler, architect: and Nathan Cobb, owner, presented. The owner is proposing a matter of right two-story rear addition to two-story single family dwelling that will enclose an existing rear dogleg and extend a further 9 ½ feet into the rear yard. (Current lot occupancy is 48% and would increase to 58.2%.)
The basement renovation will include removal of all existing walls & features to reorganize the living space. The first floor renovation will include an enlarged kitchen, new pantry and powder room, and a new screened-in rear porch. The second floor will include a new master bedroom, and bathroom with walk-in closet, second bathroom renovation, and two skylights. The rear of the existing house is brick and masonry; and the new addition will be of hardi-plank siding, with double-hung windows on the rear of the second floor and wood framed screening on the first floor on the rear and sides.
The owner stipulated that certified copies of the proposed
construction plans were sent to the owners of the adjacent property at
The Committee notes the unusual feature in the addition of the first floor screened porch, which sits on the property line on both sides of the structure. Because the first floor is raised from ground level, this feature enables a view into the neighbor’s back yards. The Committee is concerned about whether the adjacent property owners are fully aware of this feature. If the adjacent property owners do not object, then the Committee recommends that the Commission approve the request.
HPO # 09-109, 1229 E Street, SE - Revised conceptual plans
Mary and Paxton Helms presented revised conceptual plans to replace the 1880’s and 1938 additions of the existing historic “shotgun” house on the lot with a 2- and a 3-story addition, including a basement and garage. The resulting 5-bedroom, 6-bath single family residence will total 6,609 square feet not including the remaining portion of the shotgun house (371 square feet). The owner of the property, Mr. Larry Quillian, is the father of Mrs. Helms.
The Helms appeared before ANC6B in September 2009 with a similar design. At that time, the application involved two HP cases #09-102 and 103; one for a raze permit and the other for the proposed addition. On September 8th, the Commission voted 8-0 to oppose the raze permit because the design justifying the raze did not have special merit. The Commission voted 7-0-1 to oppose the application to add two new sections to the remaining structure. At that time, criticism of the plans centered on the massive size of the addition in relationship to the existing structure and other houses on the block, as well as the plan to demolish almost 60% of the historic shotgun house.
The September 2009 plans for the two additions have now been revised as follows: (1) the height of the 3-story addition has been lowered such that the crest of the pitched roof is no higher than the existing height of the abutting residence to the east (33 feet, 2 inches) and the height of the 2-story addition now appears to be below the eaves of the 3-story addition, (2) a front deck (of about 70 square feet) has been added over the garage in the 2-story addition, (3) a 12-foot wide dogleg has been created on the rear and east side of the building, (4) a covered porch, which may extend into public space, has been added to the front of the remaining section of the shotgun house, and (5) a roof deck (171 square feet) has been added to the rear on the 3rd floor. In addition, the plans now show a rear elevation but no east or west elevations are included.
The Helms presented a petition in support of their revised
design for the property that was signed by 9 representatives of the 21
residences on the 1200 block of E Street; an additional 3 signatures on the
petition represent residences on the 500 block of
Some neighbors raised numerous questions and
concerns relating to construction and permit issues. But these are not germane to the HPO case
before the Commission. However, the Helms
have promised to purchase an insurance policy to protect against possible
structural damage to adjacent structures, especially during excavation for the
basement. The revised plans still appear
to create an illegal side court (less than 5 feet wide) at the west side front
of the structure, as the Committee had noted last year. Thus, a BZA case may result; and neighbors
will then have an opportunity to voice concerns about their potential loss of
air, light, and privacy.
Commissioners noted that they were unable to fully assess the application because the Helms did not provide a plat showing existing and proposed footprint of the structures in relationship to abutting neighbor’s houses and property lines. The Committee also notes ongoing concerns regarding the legality of the existing curb cut. Because of these and other concerns, the Committee makes no recommendation and awaits further documentation and submissions by the applicants before the Commission can render an informed decision.
HPO # 08-318,
PS
Jay Juergensen, Lead Planner NAVFAC; Stephanie Drake,
Captain USMC, and David Bell and Scott Knight of Bell Architects presented
revised plans to upgrade the security of the Marine Barracks Commandant’s
House. The changes, if put in place,
will occupy the public space in front of the Commandant’s House that extends
the entire length of the block and from the front façade of the House and its
walls to the curb. The Marine Barracks
hopes to initiate construction in Fall 2010 and have the work completed in time
for the start of its 2011 parade season.
This historic preservation case has been before the
Commission since mid-2008. At the ANC6B
meeting on September 9, 2009, the Commission voted 6-0-1 not to support the HPO
application. The primary reason for the lack of support was that neighbors
living near the residence had not had enough time to properly review the plans,
which had been revised since a community meeting had been held on July 17,
2008. On September 21, 2009, the Marine
Barracks held a Community meeting to discuss the plans and subsequently made a
number of changes to the plans reflecting neighbors concerns. At the ANC’s meeting on October 9, 2009, the
Commission voted 3-2 to support the application. Barracks officials then met several times
jointly with the staff of HPO, NCPC, CFA, and DDOT to discuss the security
plans. These meetings resulted in major
changes to the plans, which were then reviewed by the agency staffs on January
11, neighbors on January 14, and CHRS on February 1, 2010. In addition, copies of the plans were circulated
to the neighbors the week prior to the Committee meeting.
The Commandant’s House occupies the south side of the 800
block of
There have been many iterations of the security upgrade plans since 2008. Throughout, however, several concerns have consistently been raised by the community, CHRS, and the Commission. These especially include the height and design of new iron fences, the positioning of bollards on the curb along the entire block, and the addition of guard houses on either side of the House. All of these and other elements contributed to giving what has been a grand but neighborly house a fortress-like appearance not in keeping with the Capitol Hill Historic District.
Compared with the previous plan voted on by the Commission,
a number of significant changes have been made.
The row of bollards along the curb and among the tree boxes have been
removed. The guard houses have been
repositioned (further away from the House and closer to the street corners to
improve sight lines) and redesigned (to eliminate their gazebo-like
appearance). They are now six-sided with
a flat roof, 10 feet 5 inches tall and about 7 feet wide, are mounted on a
small pedestal and have a door in the rear.
The plan still includes moving the existing iron fence to the front and
one side of the guard houses, which are now situated near 8th and 9th
Streets. Replacing the old fence in
front of the Commandant’s House will be a 4 foot 5 inch high iron fence of
similar design; the single gate in front of the entrance is to be replaced by a
double, 5 foot 7 inch high iron gate.
New to the design is replacement of the chain link fence atop the
Residents present at the Committee meeting
generally complimented the Marine Barracks officials for the changes made. However, one element—new to this plan—is of
major concern and it generated considerable discussion at the meeting. It involves establishing a ‘residential restricted
parking” system on the south side of
The Committee appreciates all the hard work put in
by all parties concerned to arrive at a solution that provides an increased
measure of security for the historic Commandant’s House without making it
appear to be a fortified fortress. As to
the HP case, the Committee recommends this project for approval to the full ANC
but will expect all parties to return to the ANC once a parking plan starts to
be developed to allow input from this body and its constituents. The Committee also recommends that the full
ANC support the Public Space application.
5th Annual SunTrust National
At its regularly scheduled meeting in January, ANC 6B voted unanimously to oppose the holding of the 5th Annual SunTrust National Marathon this March. The Commission also authorized the Chairperson to arrange a meeting with the Greater Washington Sports Alliance (the race sponsor) and MPD's Special Operations Branch to discuss the Commission's concerns about the race plans. Thanks to the quick work of the Sports Alliance, that meeting was held on January 20, 2010. Commissioners Garrison and Campbell attended for ANC 6B, along with ANC 6A Chair Kelvin Robinson, ANC 6D Chair Ron McBee, and 6A Commissioner David Holmes. The result of that discussion was an agreement by the race sponsor and MPD to consider alternatives to the race route and enhancements in MPD's staffing plan for the management of major traffic crossing points along the race route.
The Sports Alliance's presented revised race
plans to the Committee on February 2, 2010. The Committee expresses its
appreciation to both the Sports Alliance and MPD Special Operation's Branch for
the flexibility and responsiveness shown to the ANC 6B concerns through the
changes and beefed up race management plan now before us. Among other
changes, the proposed racecourse now avoids the closing of
With these and other changes and improvements, the Committee acknowledges that there is a greater possibility than a month ago that the conduct of the race will be less onerous on the neighborhood than originally anticipated. That said, the Committee remains doubtful about the overall logic of conducting such a large and extended race through the middle of the Capitol Hill neighborhood on a busy Saturday morning. Because of the race sponsor's and MPD's willingness to work in a constructive manner with this and other affected Commissions to address concerns, the Committee recommends that ANC 6B revise its earlier position and now NOT OPPOSE the holding of this race, and that it communicate this change in position to the Sports Alliance, MPD and Councilmember Wells. Further, the Committee recommends that the Commission closely monitor events on race day and that it authorize the Chair and any other ANC 6B Commissioners the Chair designates to discuss these results with ANC 6A, 6C and 6D, and other city officials, including Councilmember Wells, soon after the race in order to assess the future of this event as regards the use of Capitol Hill streets for this race. Finally, should this race be held in the future, the Committee recommends that ANC 6B notify the Sports Authority and MPD that the Commission is likely to oppose the race if the route and race management issues are brought before the Commission later than six months prior to the race date.
Assessment of Zoning Administrator’s approval of construction permit at 136 D St SE
ANC 6B has been made aware that on September 16, 2009 the Zoning Administrator approved the request of the Airports Council International to renovate the attached townhouse at 136 D Street SE as a “private club” as a matter of right. Michael Wilson, the owner of the adjacent property, notified the Commission of the situation. Mr. Brent McAllister of the Airports Council International (ACI), and Attorney Richard Aguglia, came before the Committee to describe the project. Mr. Wilson was also heard on the matter.
The ACI representatives explained that ACI purchased the
property in May 2008 for the purpose of creating a place where ACI members
could stay overnight while in town on ACI business and thus avoid having to pay
for expensive hotel lodging. The property was selected because of its
ready access to Congress, and to the FAA headquarters building on
Among the uses that permitted as a matter of right in an R-4 District are the following:
“Private club, lodge, fraternity house, sorority house, or dormitory, except when the use is a service customarily carried on as a business.”
Further, the Zoning regulations define the term “private club” as follows:
“a building and facilities or premises used or operated by an organization or association for some common avocational purpose such as, but not limited to, a fraternal, social, educational, or recreational purpose; provided that the organization or association shall be a non-profit corporation and registered with the U.S. Internal Revenue Service; goods, services, food, and beverages shall be sold on the premises only to members and their guests; and office space and activities shall be limited to that necessary and customarily incidental to maintaining the membership and financial records of the organization.”
The Committee notes that the purchase and use of residential properties by for-profit and non-profit organizations for business purposes in the blocks adjacent to the House and Senate Office buildings has long been a problem. Notwithstanding periodic discussions with the Zoning Administrator about this problem over the years by both ANC 6B Commissioners and representatives of the Capitol Hill Restoration Society, the city has declined to take action to remove what appear to be inappropriate uses of these properties in our residential areas.
In this regard, the case of
The Committee is concerned that if the ruling of the Zoning Administrator is not reversed, a new loophole of considerable size will have been opened up that could encourage other applications for “private clubs” in our neighborhood. For these reasons, the Committee recommends that the Commission appeal the decision of the Zoning Administrator and request that the Board of Zoning Appeals withdraw the permit. Further, the Committee recommends that the Commission oppose the issuance of a certificate of occupancy by DCRA and, if a CFO is issued, to appeal the agency’s decision to the BZA. The Committee also recommends that the Commission authorize the Chair and any other Commissioners the Chair designates to bring ANC 6B’s concerns about this matter to the attention of appropriate city officials.