Advisory Neighborhood Commission 6B

Minutes of Special Call ANC-6B Meeting

Tuesday, July 13, 2004

Commissioners Present: Will Hill, Francis Campbell, Neil Glick, Mary Wright, Scott Cernich, and Kenan Jarboe

Commissioners Absent: Julie Olson, David Sheldon, Daryl Snowden, and Keith Smith (arrived later)

Vice Chairperson Will Hill chaired the meeting and all commissioners introduced themselves.

There is a quorum for conducting business.

Adoption of Agenda

The agenda stood at published.

Planning and Zoning

Vice Chair Hill turned the meeting over to the Chair of the Planning and Zoning Committee

BZA Application # 17203, 925 N. Carolina Ave., SE

Commissioner Francis Campbell conducted the hearing. Robin Snyder and Bruce Louie are applying for a special exception to construct a two-story rear addition to a single-family dwelling, not meeting the lot occupancy and read yard requirements.

Robin Snyder made a presentation to the commission regarding her background in the community and an overview of what she would like to do to the existing property, with photographs of the current dwelling and adjacent property. She wanted to make sure they preserved the appearance of the dwelling, hold the line for privacy issues, retain the light and air now available to them, and keeping the house unique.

Bruce Louie presented the commission with a petition signed by 30 of their resident neighbors stating that they believed the addition will contribute to the aesthetic value of the neighborhood (see attached document).

David Kacar, architect for Robin Snyder and Bruce Louie presented an update artist’s rendering of the adjacent properties on 10^th and 925 N. Carolina Ave., SE., and written documentation to support the Burden of Proof discussing the fact the addition will not have a substantially adverse affect on the use or enjoyment of the abutting properties and/or dwellings (see attached documentation). Mr. Kacar stated that they met informally with Emily Paulus of the Historic Preservation Office for a preliminary review meeting. According to Mr. Kacar, Ms. Paulus made some very valuable input regarding the attachment of the addition to the house.

After much discussion by commission members with Robin Snyder and Bruce Louie, and Mr. Kacar, the following resident neighbors made public statements in support of the proposed addition:

Kay Dyer

Erich Hintze

Richard Shea

David King

Julie Rottenberg

Commissioner Campbell asked if there were anyone in opposition to the proposed addition. Hank Teuton of 923 N. Carolina Ave., SE stood and addressed to commission on behalf of he and his wife, Betsy Teuton. On June 29, 2004, the Commission received a letter for the Teutons stating their objection to the proposed construction. Mr. Teuton stated he could see the need and the value of the proposed addition and support their need. However, he also expressed his needs as well. The first concern is the obstruction of his view from his six (6) different windows. The stated that four (4) would be blocked or obstructed significantly and other two (2) would be have to view over the top of the structure.

Mr. Teuton stated that if the variance is granted he would like to encourage three (3) things to be done. First, he does not want to look out his windows at blank siding, and would suggest and support some type of architectural enhancements or aesthetic features. Second, the placement of some type of attractive landscaping to enhance the view. Third, currently all of the water from atop of the property at 925 N. Carolina Ave., SE, is draining right along side his house, which is causing water damage to his basement area. Therefore, he would like to make sure the water drainage problem is corrected so that the water flows away from his property. Mr. Teuton provided the commission with three (34) alternative approaches, including the property owners fallback position proposal.

Commissioner Campbell asked Mr. Teuton about the level of communications he has had with the homeowners. He stated that it was limited. However, Mr. Louie stated that both he and Ms. Snyder travel for their employment, thus their not always available, but effort have been made to communicate with the Teutons.

The Commission discussed the water drainage problem with both the parties and stressed that this is the major issue that needs to be resolved before it can support this application.

Commissioner Campbell made the motion to close the discussion, which was seconded by commissioner Glick. Commissioner Glick reiterated that the water drainage was a major problem. Commissioner Jarboe stated that looking at the architect’s drawing, the downspouts in the rear appear to be in the same locations they currently are. Commissioner Jarboe stated that under the zoning regulations, the BZA is empowered to require special treatment for design or other features. Therefore, the ANC can approve or disapprove this application and make suggestions at to additional requirements such as landscaping and positioning of downspouts that the BZA can have as part of its ordnance. He stated he would support the application if the requirements that the downspouts are constructed in such a ways as to drain away from the Tafton’s property, and the area between the houses is landscaped aesthetically pleasing fashioned.

Commissioner Jarboe moved that the Commission support the special exception with conditions that the downspouts on the back on the side facing 923 be designed in such a way that it guarantees that the water flows towards 10^th street and the landscape between the houses be aesthetically pleasing. Commissioner Wright seconded to motion. The vote was 6-0-1 in favor of support the application.

ABC Committee

Vice Chairperson Hill turned the meeting over to ABC Committee Chairperson, Scott Cernich.

The representatives from the following establishments appeared before the commission to answer questions regarding the renewal of their liquor licenses:

Establishment App. No. License # Class

Mr. Henry’s 1107 259 CR 02

Banana Café and Piano Bar 10030 26006 CR 02

Starfish Café 25981 60415 CR02

Taverna – The Greek Island 10441 1263 CR02

Finn Mac Cool’s Cork Public House 11178 60805 CR 02

Tunnicliffs Tavern 11312 60383 CR 01

Tune Inn Restaurant 6031 559 CR 01

Kenneth H. Nash Post

American Legion 7505 643 CX CLUB 01

La Lomita Restaurant 4958 16357 CR 02

Zack’s 35333 25335 CR 01

Commissioner Jarboe made the motion to support on block all renewals except the six (6) who did not appear before the commission. The motion was seconded by Commissioner Wright. The vote was 7 to 0.

Commissioner Jarboe made the motion that the ANC take no action on the remaining six (6) establishments:

Establishment App. No. License # Class

Bullfeathers 11527 21165 CR 02

Tortilla Coast 11536 23567 CR 02

Capitol Hill Club 7294 626 CX CLUB 01

Aatish On The Hill 35205 25153 CR 01

Thai Roma Restaurant 10818 11596 CR 02

Hunan Dynasty 23128 60390 CR 02

The motion was seconded by Commissioner Campbell. The vote was 7 to 0.

Committee Report and announcements

None

Financial Report:

Commissioner Jarboe reviewed the current financial report with the commissioners. He noted that there were very few expenditures this month, and the staff person, Bert Randolph, has not been paid yet. Commissioner Jarboe anticipates that Mr. Randolph will be paid by our next meeting. Commissioner Jarboe mentioned that one major expenditure was for the purchase of a new computer system.

Commissioner Wright made the motion that the Financial Report be accepted as presented. The motion was seconded by commissioner Glick. The vote was 7 to 0.

Commissioners Keith Smith and Will Hill reported on a meeting they attended a meeting on July 7^th with George Carl, DPW; Dale Harrison, DDOT; John Tillman, DCRA; Albert White, Parking Enforcement and Public Space at the Ward 6 Neighborhood Coordinator’s office regarding the illegal conversation of garages in the 1500 block of Pennsylvania Ave., SE into living space. The issue is residences parking the vehicles on the sidewalk. Most of the residential conversions occurred sometime ago, therefore no building permits were obtained by the owners prior to the actual conversions.

It appears the respective agencies have the go ahead to enforce all rules and regulations on the neighbors regarding this issue. Commissioners Hill and Smith wanted to bring this issue before the ANC because the neighbors will have to seek building permits to make the garages legal and the neighbors will also need permits to close their curbs cuts at the owner’s expense. Enforcement of the current rules and regulations would mean that the residents would not have a place to park, especially since parking in front of their property during rush hours is restricted.

Commissioner Smith stated that he was asked to submit a letter to the residences about the pending action. He wanted to know if it would be appropriate for the letter to come from the Executive Branch or by the ANC.

Commissioner Jarboe stated that it appears to be a public space issue, and they are in violation of public space regulations, the issue should be handled by public space.

Commissioner Smith stated that the residents are in his Single-Member District and he wanted to make sure they were notified before the action takes place. Commissioner Jarboe commented that he didn’t see an issue of Commissioner Smith sending/hand delivering a letter, as the Single-Member District Commissioner, to the residents under his Single-Member letterhead, informing them of the pending actions. Commissioner Smith said that a form letter was sent out by the Neil Penson, the former Neighborhood Coordinator, in November of 2001, informing the residents of their infractions and laying out a timetable for the corrective actions that would be taken.

Commissioner Cernich recommended that Commissioner Smith put a cover letter on form letter in which he should reference the issues outlined in the November 2001 letter, and send it to the residents to make them aware of the pending actions.

Commissioner Hill stated that the Parking Enforcement has already begun to ticket the cars. However, all these tickets have been dismissed.

Commissioner Smith completed his comments by stating that he is confident this issue will eventually appear before the ANC Commission in the future, and wanted to make sure he provided everyone with a head-up on the matter.

Commissioner Will Hill stated that he’s having a problem with the Correction Department running buses through his neighborhood on G Street, which is right over the top of the Metro at 14^th G. The buses usually come through during the 8:00 a.m. rush hour (6:15 a.m.-8:00 a.m.) when people are attempting to cross the street going to the Metro, causing them to duck from the path of these vehicles. No buses are allowed on G Street and the intersection of 15^th and G, which is posted. Additionally, they also travel down E Street to Pennsylvania, passing along side Watkins Elementary School. The buses are coming down the street at high rate of speed, which is posing a very grave potential safety hazard for elementary students. Additionally, the subway runs directly under G Street and the houses in the area are really being shaken very badly. Commissioner Hill wants to know who or where he needs to contact to get this issue resolved.

Several Commissioners suggested that the Corrections Department should and could use an alternative route that would not be quite so disruptive and dangerous to pedestrians attempting to catch the Metro. Commissioner Hill stated that he would suggest that the prison consider using the Stadium Access Road to Southeast/Southwest Freeway to the Courthouse as an excellent route. He would also recommend that officials travel to the area and observe this potential life-treating situation for themselves.

There was not further business and Commissioner made the motion that the meeting be adjourned until its next meeting date of September 14, 2004. The motion was seconded, and the vote was 8 to 0.

Meeting Adjourned.

Prepared by Bert Randolph

Attested: