Advisory Neighborhood Commission 6B

Minutes of Regular Meeting

Tuesday, January 12; 7:00 p.m.

ATTENDANCE

Commissioners Present: Francis Campbell[1], Dave Garrison (chairing), Carol Green, Neil Glick, Will Hill, Kenan Jarboe, Norman Metzger, and Kirsten Oldenburg

Commissioners Absent: Michael Patterson and Mary Wright

Also in attendance: ANC6B Executive Director, Bert Randolph.

1. Adoption of Agenda

Following the introduction of Commissioners, the Chair asked for changes to the agenda. Commissioner Green announced that the 1^st Quarter Financial Report was not yet completed but there were other matters to discuss. The Chair suggested that the agenda item be changed to “Financial Matters.” The amended agenda was adopted by voice vote.

2. Election of Officers

The Chair announced that nominations for ANC6B Officers for 2010 would now be accepted. Mr. Gottlieb Simon, Executive Director, DC Office of the Advisory Neighborhood Commissions, who was present to conduct the elections, asked whether there wasn’t an explicit slate covering all five positions. If so, he explained, the slate could be introduced rather than individual nominations.

Commissioner Green moved (with a second by Commissioner Metzger) that the Commission re-elect the current office holders: Commissioner Garrison, Chair; Commissioner Jarboe, Vice-chair; Commissioner Oldenburg, Secretary; Commissioner Green, Treasurer; and Commissioner Glick, Parliamentarian. The Commission voted 7-0 in favor of the motion.

3. Community Speakout

Ms Barbara Riehle reminded the Commission that the Hill Center had promised early in 2009 to hold a community meeting in mid-summer to discuss program ideas. This meeting never occurred, and Ms Riehle asked the Commission to prompt the Center to reschedule this meeting in 2010. The Chair thanked Ms Riehle for reminding the Commission of this matter and said he would contact Center officials and ask that the meeting be scheduled.

Mr. Bruce Jackson, Community Plans and Liaison Program Manager USMC Headquarters, announced that the Department of Defense had initiated a Community Integrated Master Plan (CIMP) process to develop ways to accommodate expansion of the Marine Barracks while providing amenities available to all in the neighborhood.  Stakeholders throughout the Hill will be involved and the process will officially kick off with a Community Open House on January 27, 2010, at Eastern Market’s North Hall from 5:00 to 8:00 pm.  Over the next several months, CIMP will hold a series of four workshops that will culminate in a charette.  The end product of the process will be a land use plan for the area surrounding the existing Marine Barracks.

4. Community and Commission Announcements

Commissioner Glick announced that the Southeast DC Library will hold a special program in celebration of the 20^th Anniversary of the Martin Luther King.

5. Presentations

DC Historic Preservation Office (HPO) Operations Update

Ms Amanda Molson, Historic Preservation Design Reviewer, (202-442-8827) made a brief presentation to update the community on the Historic Preservation Office. She said that about 90 percent of reviews occur at the staff level and most are completed in one day. This includes, for instance, plans to replace windows or exterior doors or to repoint a brick façade. Thus, only about 10 percent of cases are routed through the ANC for review. Ms Molson also mentioned that DCRA’s Homeowners’ Center was available to all residents and its personnel can help assist them in any matters regarding building permits.

Ms Molson informed the Commission that DC had won a Preserve America City award. She also mentioned that the HPO Homeowner Grant Program, available to low and moderate income households, was accepting applications in 2010 but there is no certainty that funds will be available this year.

6. Planning & Zoning Committee

BZA #18017, 1215 D Street SE Rear—Variance authorizing conversion, alteration, restoration, repair and use of a warehouse building for human habitation as a flat (two-family dwelling) on an alley lot

Commissioner Campbell reported that the Committee feels this project meets the tests for granting of a variance and recommends that the Commission support the BZA application.

The owners—Mr. Carl Nash and Ms Udine Nash—were present, as was Ms. Judith Capen, the project architect. Mr. Nash stated that several more supportive letters written by neighbors had been submitted to the Commission. Commissioner Hill said that he had visited the site with the owners and that the project will make a major improvement to the alley by removing an eyesore.

The Commission voted 8-0 in favor of the Committee’s recommendation.

5^th Annual SunTrust National Marathon, Saturday March 20, 7am to 1pm

Commissioner Campbell reported that the Committee recommends that the Commission strongly oppose the holding of this race as proposed, join with ANC 6A and ANC 6C in a meeting with senior MPD officials to discuss in detail the difficulties past National Marathon races have imposed on our neighborhoods, and discuss our concerns with Councilmember Wells.

The organizers of the event—The Greater Washington Sports Alliance—had not been present at the Planning & Zoning Committee meeting nor had any official of MPD. Ms Diane Thomas, Director of Community Relations, for the Alliance was present at the ANC meeting and apologized for misunderstanding whether or not to attend the Committee meeting.

Commissioners reiterated the many frustrations of past National Marathon races and attempts to ameliorate the problems caused; most specifically that MPD officers will not allow vehicle traffic to cross race routes even when racers are not present. Commissioner Campbell’s single member district becomes an enclave through which no traffic can pass in or out during the race. Commissioner Garrison mentioned the timing of the race on a Saturday morning. Commissioner Metzger suggested the race be moved to locations where residents are not so heavily impacted. Commissioner Jarboe called for earlier planning and consultation and consideration of alternative race routes.

The Chair suggested that should the Commission approve the Committee report, there would still be time to reconsider the matter at the February ANC meetings based on feedback from the recommended meetings with other ANCs and MPD. The Commission voted 8-0 to support the Committee report and authorized the Chair to set up the ANC and MPD meetings.

7. Eastern Market Report

Commissioner Jarboe read the Eastern Market Report, a copy of which is attached.

8. Resolution on ANC Security Fund

Commissioner Green moved (with a second by Commissioner Glick) that the Commission approve a resolution authorizing the Treasurer to issue a check for $25.00 (Twenty-five Dollars) to pay the Commission’s annual premium for the ANC Security Fund.

9. Financial Matters

Commissioner Green moved (with a second by Commissioner Jarboe) that the Commission authorize a bonus payment of $500.00 to the Commission’s staff assistant, Mr. Bert Randolph. The Commission voted 8-0 in favor of the motion.

10. Approval of Commission Minutes

Commissioner Oldenburg moved (with a second by Commissioner Green) that the Commission approve the minutes of the December 8, 2009, regular monthly meeting. The Commission voted 8-0 to adopt the minutes.

11. Adjournment

The meeting was adjourned at 8:40 pm.

Prepared by Kirsten Oldenburg Attest: _____________ .

Attachments:

Agenda, as adopted

Planning & Zoning Committee Report

Resolution on ANC Security Fund

Eastern Market Report

Meeting Agenda

921 Pennsylvania Avenue SE

January 12, 2010 – 7:00 PM

Agenda

1. Adoption of Agenda

2. Election of Officers

3. Community Speakout

4. Community and Commission Announcements

5. Presentation

· DC Streetcar Program – Scott Kubly, DC Department of Transportation (rescheduled to February 9^th agenda)

· DC Historic Preservation Office (HPO) Operations/Update – Amanda Molson, Historic Preservation Specialist

5. Planning and Zoning Committee

(These items will also be considered by the P & Z Committee on January 5, 2010)

· 5^th Annual SunTrust National Marathon – Diane Thomas; Director of Community Relations Greater Washington Sports Alliance

· BZA # 18017, 1215 D Street, SE – Variance authorizing conversion, alteration, restoration, repair and use of a warehouse building for human habitation as a flat (two-family dwelling) on an alley lot

6. Eastern Market Report

7. Resolution ANC Security Fund

8. Financial Matters

9. Approval of Commission Minutes

10. 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: February 9, 2010

Report of the Planning & Zoning Committee

January 5, 2010

7:00 pm

Commissioners present: Francis Campbell, Chair; Kenan Jarboe, David Garrison, Kirsten Oldenburg, Vice Chair; Norman Metzger, and Executive Director Bert Randolph

BZA # 18017, 1215 D Street SE - Variance authorizing conversion, alteration, restoration, repair and use of a warehouse building for human habitation as a flat (two-family dwelling) on an alley lot

Presenting were Carl & Undine Nash, owners and Judith Capen, Architect. Presently the building is a one-story inactive warehouse in an alley. Built in 1921 it is located on Square 1017 & lots 85 & 817. The property is 7,362 sq.ft., abuts 3 public alleys, one 15ft, one 29ft & one 30 ft in width. This is a rear property with address of 1216 D Street SE and has no street frontage.

The building has been used since its inception as a warehouse by various commercial businesses, owned by the Steuart Investment Company or the Steuart family until its purchase by the Nashes in July 2009. The building has no utility services, plumbing or heating. The building has no interior walls, is an open floor plan and consists of a concrete floor, roof, columns & exterior walls. There are no bathroom or kitchen facilities.

The building is in very poor condition as evidenced by the owners’ submission of pictures with the application. There have been two fires in the structure. The roof & structural roof supports have suffered severe damage and partially collapsed as a result of the fires, leaving several large holes in the roof structure.

The building occupies 70% of the lot. There is a small rear yard on the southern part of the building, an existing side yard on the western side of the building, and a small "dogleg" yard approximately 2ft wide on the eastern building portion. Significant portions of the exterior walls are in need of repair, re-pointing and replacement of bricks. A tree has grown through the southern wall of the building & a second tree has undermined the southern facade and branches have damaged the upper wall. The unreinforced concrete floor varies in height by approximately 6 inches because of root infiltration.

The owners cite various reasons why they meet the variance test. The current use, allowed as a matter of right (warehouse/storage), would require substantial repair to bring the building up to code, which would not be economically feasible given the potential cost. Restoration as a warehouse/ storage facility in the middle of the residential block, where this property is located, would not be compatible with zoning. It would be inconsistent with the surrounding residential community due to trash, lights and truck traffic associated with said use. Nor would its use as an artist studio, allowed as matter of right, be appropriate as the cost of rental to recover the cost of rehabbing the building and providing the required parking makes this a uneconomical venture.

Nor would the uses allowed as a special exception be appropriate or economically feasible. Renovation of the building would be too costly and the resulting space would be too large to be a single family dwelling. Further, use as a parking lot would be not generate enough revenues nor be consistent with the intent of zoning.

Thus, the owners are requesting variances for a separate apartment unit within the building. The owner’s unit will be approximately 3,700 square feet, the rental unit approximately 1,200 square ft., each with a two-car garage, located within the building. The owners will bring in electric, plumbing, gas & telephone services. They will construct interior walls to create living areas, replace the existing roof, repair & reconstruct damaged exterior walls, add doors and windows. All exterior renovations & improvements will be subject to review & approval by H.P.R.B.

The owners have letters of support for this project from various surrounding neighbors and appear to have substantial support of neighbors and businesses located nearby. The Capitol Hill Restoration Society Zoning Committee has voted to approve this project, as noted in the owners’ submissions.

Numerous questions by Commissioners were posed to the applicants and were satisfactorily answered with explanations and illustrations in the applicant’s submissions. The owners will not change the footprint of the building and will keep as much of the original building design as feasible.

The Committee notes that the proposed conversion is in compliance with various sections of DCMR 3103.2 "Conversion of an existing Warehouse Building for Human Habitation..." The Committee further notes that the project meets the test for a variance. The size, location and history of the building meet the requirement of an “extraordinary or exceptional circumstance.” These exceptional circumstances create an undue hardship for the owners in that other uses are inappropriate or economically infeasible, as noted earlier. Finally, conversion of the building into two residences is entirely in keeping with the Comprehensive Plan and the intent of zoning, as this is a residential area.

Attention to detail of the owners’ submissions, pictures of the present conditions, illustrations of proposed renovations, repairs & construction, and letters of support make this an appropriate use of the building. The Committee recommends that ANC 6B approve the application

5^th Annual Sun Trust National Marathon

The organizers of the Annual SunTrust National Marathon are seeking ANC 6B support for their plan to hold the 5^th annual race on March 20, 2010. The ANC 6B Executive Committee placed this request on the docket for the Commission's monthly meeting in January and asked the organizers to first come to the January 5^th meeting of the 6B Planning and Zoning Committee. The Executive Committee also requested the DC Metropolitan Police Department's Special Operations Office to send a representative so that issues of coordination between the race organizers and the police in charge of traffic control could be addressed. The MPD Special Operations Office informed the Commission that the officer in charge of this process could not appear in January but would come to 6B's February meeting. The organizers did not appear before the January 5^th meeting of the Planning and Zoning Committee as expected.

Drawing on the information available to the Committee, as well as comments and suggestions offered by ANC 6A Commissioner David Holmes through whose Single Member District the race also passes, the Committee discussed the options before the Commission. The Committee notes that this race has presented significant challenges for a reasonable flow of Saturday morning traffic on race day across large areas of Capitol Hill in prior years. Indeed, the Commission expressed these concerns in writing to the organizers in both 2008 and 2009 and asked the race organizers to come before the Commission at a much earlier stage than in the past so that the Commission's concerns about the selected route, the timing of the race stages and the procedures the police are to actually implement regarding the flow of traffic through key intersections could be addressed. None of these requests by the Commission have been honored.

The 2009 race almost completely shut down traffic in the streets near RFK Stadium for the entire morning of the event. The lockdown was so thorough that it was not possible for some residents to drive out of their areas until the afternoon that day. On a busy Saturday morning, this resulted in inconveniences, large and small, for many residents, including such things as missed appointments, inability to conduct normal errands, the need to cancel scheduled travel arrangements, failure to get children to morning sports activities, and on and on. Notwithstanding assurances from MPD to the contrary, police officers on duty at key intersections would not allow traffic to proceed at points during the race when there were no runners in sight. In the end, the event was a huge and unacceptable burden on our community.

For these reasons, and for the lack of proper consultation with the Commission about the 2010 proposed event by the organizers, the Committee recommends that ANC 6B strongly oppose the holding of this race as proposed and that this opposition be communicated immediately to the race organizers, the MPD, and Councilman Tommy Wells. Further, the Committee recommends that ANC 6B join with ANC 6A and 6C in a meeting with senior MPD officials to discuss in detail the difficulties past races have imposed upon our neighborhoods and, should MPD ignore our Commission's request that the 2010 race not be held, insist that an event management plan be implemented by MPD that guarantees frequent opening of intersections to the movement of traffic throughout the event. And further, the Committee recommends that the Commission discuss ANC 6B's concerns about this event with Councilmember Wells and explore ways in which the city can intervene to force more thoughtful planning of such events up to and including considering a ban on major races through neighborhoods such as Capitol Hill. Additionally, the Committee authorized the Chair, David Garrison, to arrange a meeting with MPD’s Special Operations and the race officials to meet jointly with ANC 6A, 6C and 6D to discuss the race route and traffic control measures.

RESOLUTION

Advisory Neighborhood Commission 6B

Resolved that this Commission approves the ANC’s participation in the Advisory Neighborhood Commission Security Fund and authorizes the Treasurer to pay $25 fee for the period January 1, 2010 through December 31, 2010. The Chair person and Secretary are authorized to execute the attached agreement.

It is understood that: (1) the check for participation in the ANC Security Fund should be made payable to ANC Security Fund,” (2) the ANC is not considered a participant in the Fund until the ANC has received the acceptance section of the agreement which has been signed by the District of Columbia Auditor, and (3) the agreement will not be accepted by the Auditor until all required documents have been received by the Office of the Auditor. The required documents are:

Resolution
Agreement
ANC Check
Statement of Information – Chairperson
Statement of Information – Treasurer
Bank Survey
Copy of Current Bank Signature Card

Resolution approved at public meeting held on January 12, 2010.

ANC 6B Eastern Market update – January 12, 2010

Commissioner Kenan Jarboe

The following is my report on Eastern Market, based on the EMCAC meeting of January 6, 2010:

In a reversal of a previous statement, the Department of Real Estate Services has decided not to go ahead with a new RFP for the market manager. It was decided that further discussion are need about the overall governance structure before beginning the process of hiring a market manager. Given that changes may be need to the legislation governing the Market, those discussion will, at some point, involved the ANC directly.

Three issues have been referred to the EMCAC Market Operations Committee:

1) Whether lease should require indoor merchants to be open at all time when the Market is open. Some have apparently closed during regular open hours. Such a requirement is apparently standard in shopping mall retail leases.

2) Whether the city should be required to offer long term leases before a new market manager is hired. While the indoor merchants are requesting long term leases, there was a great deal of discussion at the EMCAC meeting whether such leases should wait until the management issues are settled.

3) Final comments on the jury process for selection of new outdoor vendors. The Tenants Council had expressed concern over how the process would work given the lack of subleases for outdoor vendors and over the possible disclosure of proprietary information as part of this process.

DRES has not yet returned the outdoor rents to the pre-fire levels; this action may not happen until spring.

EMCAC has identified a possible lighting engineer to analysis the sunlight window problem and provide an estimate for such a study.

The issue of the case remains unresolved. DRES continues to state that they will allow the cases to be lowered 3 inches but not placed on the floor. EMCAC passed a resolution once again asking that the case be allow to be lowered so they set on the floor.

The draft budget is still under review by EMCAC, which was delayed during the holidays. The Finance Committee will take it up later this month. DRES has finally received authority to utilize the funds deposited in the Enterprise Fund for market expenses. While market revenues collected by the DC Treasurer were deposited in this fund, it was not clear that it could be used for operating expenses. This roadblock to the financial operations of the Market has been temporarily solved, but highlights the issue of changes that may be needed to the Eastern Market statute. The North Hall hosted 15 events in December for revenues of $15000.

Meeting Agenda

921 Pennsylvania Avenue SE

January 12, 2010 – 7:00 PM

Agenda

6. Adoption of Agenda

7. Election of Officers

8. Community Speakout

9. Community and Commission Announcements

10. Presentation

· DC Streetcar Program – Scott Kubly, DC Department of Transportation (rescheduled to February 9^th agenda)

· DC Historic Preservation Office (HPO) Operations/Update – Amanda Molson, Historic Preservation Specialist

5. Planning and Zoning Committee

(These items will also be considered by the P & Z Committee on January 5, 2010)

· 5^th Annual SunTrust National Marathon – Diane Thomas; Director of Community Relations Greater Washington Sports Alliance

11. Eastern Market Report

12. Resolution ANC Security Fund

13. Financial Matters

14. Approval of Commission Minutes

15. 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: February 9, 2010

Report of the Planning & Zoning Committee

January 5, 2010

7:00 pm

Commissioners present: Francis Campbell, Chair; Kenan Jarboe, David Garrison, Kirsten Oldenburg, Vice Chair; Norman Metzger, and Executive Director Bert Randolph

5^th Annual Sun Trust National Marathon

RESOLUTION

Advisory Neighborhood Commission 6B

Resolution
Agreement
ANC Check
Statement of Information – Chairperson
Statement of Information – Treasurer
Bank Survey
Copy of Current Bank Signature Card

Resolution approved at public meeting held on January 12, 2010.

ANC 6B Eastern Market update – January 12, 2010

Commissioner Kenan Jarboe

The following is my report on Eastern Market, based on the EMCAC meeting of January 6, 2010:

Three issues have been referred to the EMCAC Market Operations Committee:

4) Whether lease should require indoor merchants to be open at all time when the Market is open. Some have apparently closed during regular open hours. Such a requirement is apparently standard in shopping mall retail leases.

5) Whether the city should be required to offer long term leases before a new market manager is hired. While the indoor merchants are requesting long term leases, there was a great deal of discussion at the EMCAC meeting whether such leases should wait until the management issues are settled.

6) Final comments on the jury process for selection of new outdoor vendors. The Tenants Council had expressed concern over how the process would work given the lack of subleases for outdoor vendors and over the possible disclosure of proprietary information as part of this process.

DRES has not yet returned the outdoor rents to the pre-fire levels; this action may not happen until spring.

EMCAC has identified a possible lighting engineer to analysis the sunlight window problem and provide an estimate for such a study.

[1] Commissioner Campbell arrived at the meeting at 7:10pm and thus was not present for the vote to elect officers for 2010.