Minutes of Regular Meeting
Tuesday, July 14, 2009; 7:00 p.m.
Commissioners Present: Dave Garrison (chairing), Carol Green, Neil Glick, Will Hill, Ken Jarboe, Kirsten Oldenburg, Julie Olson, and Mary Wright.
Commissioners Absent: Francis Campbell and Michael Patterson
Also in attendance: ANC6B Executive Director, Bert Randolph.
Following the introduction of Commissioners, the Chair proposed adding four additional items to the agenda. The amended agenda was adopted by a voice vote, and a copy of the amended agenda is attached.
Mr. Skip Coburn announced that permits have been applied for this year’s Barracks Row October Fest, which will occur on September 26, 2009.
Commissioner Julie Olson announced
that she is resigning from the Commission, as of August 1, 2009, to return to
Commissioner Wright announced that she was appointing Commissioner Carol Green to succeed Commissioner Olson as Vice-chair of the ANC6B ABC Committee.
Commissioner Oldenburg announced that
a group called Capitol Canines has formed to apply for an official dog park to
be installed in
Conversion of Virginia Avenue Park into a playground geared toward kids and families of Capitol Hill. Marsha Lea, Principal of the architecture firm EDAW Inc., presented preliminary ideas for proposed changes to DPR’s Virginia Avenue Park. A workshop was held July 8, 2009, where various ideas were discussed among stakeholders. The next workshop is planned for late September or early October 2009. The group will eventually come before the ANC for support of their application to DPR.
Sister to Sister, The Women’s Heart Foundation’s October 11, 2009, Family Friendly Bike Ride
Commissioner Oldenburg reported that the Committee recommends the Commission support this event, especially given that the impact on ANC6B was minimal. Ms Caitlin McAnders was present to represent the Sister to Sister organization and had no new information. The Commission voted 8-0 to support the Bike Ride.
Commissioner Oldenburg reported that the Committee had no concerns with the project as it currently stands and recommends the Commission support the application. The project architect, Rich Marcus, was present and was accompanied by officials of the Indian Gaming Association, owner of the property. The project will be returning to the Commission in the Fall as a BZA case. The Commission voted 8-0 in favor of the recommendation.
Commissioner Oldenburg reported that the Committee feels the proposed changes are acceptable and it recommends support by the full ANC. Mr. Scott Knight, of Bell Architects, was present and had no new information. The Commission voted 8-0 in favor of the recommendation.
Commissioner Oldenburg reported that the Committee appreciates the new approach on this project and recommends the ANC approve it. Co-owners Mr. Patrick Conway and Mr. David Gorman were present and had no new information. However, they reiterated the list of neighbors who have written to support the revised project. The Commission voted 8-0 to support the project.
HPA #09-285, 127 C Street SE—Two-story rear addition with rooftop deck on the second floor.
Commissioner Oldenburg reported that the Committee raised concerns with the applicant about the sight lines of the proposed 2nd floor deck from Rumsey Court and asked for more detail without which the Committee was unable to render a decision. The Committee also noted that there appears to be a zoning issue regarding the project but that is not germane to this HP case.
Mr. Brent Lightner, owner, was present and provided the Commission with the requested photos and full plans of the project. Lightner also noted that CFA had approved the project. Mr. and Mrs. Parsons, owners of 129 C Street SE, stated their opposition to the project, based on their loss of privacy. Commissioner Garrison reminded the Parsons that, unfortunately, this was a zoning issue and not applicable in an HP case.
After some discussion among Commissioners, primarily about the deck and the view from the Court, Commissioner Olson moved (with a second by Commissioner Green) that “ANC6B does not support the application in its present form because the roof deck is inappropriate.” Commissioner Glick made a motion in the nature of a substitute (with a second by Commissioner Green) that “ANC6B opposes this application because the design and size of the deck is inappropriate and is visible from Rumsey Court.” Commissioner’s Glick’s motion failed on a vote of 1 aye, 7 nays. The Commission then approved Commissioner Olson’s original motion on a vote of 7-1. The Chair was empowered to represent the Commission at the HPRB hearing on this case on July 23rd by a vote of 7-0-1 on a motion offered by Commissioner Jarboe and seconded by Commissioner Olson.
HPA #09-287, 713 10th Street SE—Remove existing garage, one-story sunroom, and mechanical equipment shed in dog leg space and replace with 2-story rear addition.
Commissioner Oldenburg reported that the Committee recommends support for this application. Ms Dorothy Murdock, architect, and Paul Kavinoky, owner, were present and had no new information. Commissioner Jarboe, who owns the property abutting the applicant, stated that he had provided a letter of support and would recluse himself. The Commission voted 7-0 to support the application.
HPA #09-315, 523 6th Street SE—Two story rear addition.
Commissioner Oldenburg reported that the Committee recommends support for this application. Ms Jennifer Fowler, architect, was present and stated that there had been a few changes to the plans, including a revised elevation and other adjustments suggested by CHRS comments. In addition, double hung wood windows would replace the previously proposed aluminum ones. Commissioner Jarboe moved (with a second by Commissioner Olson) to amend the Committee report: “Based on the applicant’s revised submissions, the ANC supports the application.” The Commission voted 8-0 in favor of the motion.
BZA #17955, 649 E Street SE—Special exemption for semi-detached SF residence to add a small 2-story rear addition.
This case had not been heard at the Planning & Zoning Committee meeting because the owners were on vacation. Michael Day and Tama Duffy Day were present and submitted letters of support from neighbors at 550, 655, 657, and 647 E Street, SE. The owner of #651 told the Days he had no objection to the plans but would not provide a letter. Under the plans, lot coverage will increase from 42 percent to 47 percent. The owners stated that the impact on air and light and on privacy would be minimal. Commissioner Oldenburg moved (with a second by Commissioner Green) that “ANC6B supports the application for a special exception.” The Commission voted 7-0-1 in favor of the motion.
Resolution—Hill East (Reservation 13) Master Developer
Commissioner Oldenburg reported that the Committee recommends the full ANC support a resolution presented to the Committee by Commission Jarboe, the key point being that the Commission urges the city to continue to use a Master Developer process to implement the Hill East Master Plan. The Commission voted 8-0 in support of the resolution.
Application for DDOT Grant Funds by CHRS and by Barracks Row
Commissioner Oldenburg reported that the Committee recommends the Commission approve a letter in support of Capitol Hill Restoration Society’s (CHRS’) application to the DC Department of Transportation’s (DDOT’s) Enhancement Grant Program for “way-finding” signs at Capitol Hill Metro stops. The Committee also recommends the Commission approve a letter in support of the Barracks Row Main Street Association’s intention to seek a grant from DDOT for restoration work and placement of bike racks along the street.
The Commission voted 8-0 to approve the letter in support of CHRS and voted 8-0 to approve the letter in support of Barracks Row Main Street Association.
Capitol Hill Day School
Commissioner Garrison stated that a
draft letter had been prepared on behalf of
Proposed Barney Circle Historic District
Mr. Ruben Hamid of the Barney Circle Neighborhood Watch Association presented a request for support to add two additional blocks to the 3-year old project to establish a Barney Circle Historic District. In addition to the original area of the proposed district, the Association has collected signatures from 19 of the 21 property owners contacted in the 1500 and 1600 blocks of Potomac Avenue SE. Commission Olson moved (with a second by Commissioner Jarboe) that “ANC6B amends its application to add the 1500 and 1600 blocks of Potomac Avenue SE to its application. The Commission voted 6-1-1 in favor of the motion.
Curb Cut at 1106 10th Street SE
The owner of the property at 1106 10th St SE applied to DDOT Public Space for a curb cut so that he could establish a parking lot. The property is zoned commercial and is just outside the Capitol Hill Historic District. The application did not go through the Planning & Zoning Committee because ANC6B was not notified about the application until July 13, 2009, at which point the ANC had only 30 days to respond. Mr. Mohit Agarwal was present to represent the property owner, Paramount Investment. Commissioner Oldenburg moved (with a second by Commissioner Wright) that ANC6B support the application for the curb cut, noting that the owner had applied to DDOT a year ago. The Commission voted 7-1 to support the application.
Trusty’s, Lic. #71352, 1420 Pennsylvania Avenue SE—Substantial Change for expansion to 2nd floor, which will add approximately 59 additional seats
Commissioner Wright reported the Committee recommends that the Commission support the application and approve a draft Voluntary Agreement depending on two provisos. Mark Menard and Mike Schuster were present and provided the Commission with the requested complete plans, especially for the 2nd floor. As to the second matter, they said they had made several efforts to reach the residents at 1428 Pennsylvania Ave SE, but their certified mail had generated no response. However, the owners have signed a separate agreement with neighbors regarding the potential noise from the changes on the 2nd floor. The Commission voted 6-2 to support the Committee recommendation.
Commissioner Wright reported the Committee recommends that the Commission not support the application for a tavern license with an entertainment endorsement and that it authorize the Chair to appear at the ABC Board protest hearing on August 19, 2009. Commissioner Wright further reported that the Committee recommends that the Commission approve the draft letter to ABRA asking that the case be dismissed.
The applicant, Mr. Khaled Hossaninkhail, was present and stated he had no new information. Ms Barbara Charles, 731 8th Street SE, presented information on the owner’s previous establishment, Grog & Tankard, and said she hoped the ANC would vote in favor of the Committee’s recommendations. Mr. Chuck Burger submitted a letter to the Commission opposing the application.
After some discussion on the issues as presented in the Committee report, the Commission voted 7-0-1 to oppose the application and authorize the Chair to represent the Commission at the ABC hearing and to appoint any other Commissioners that the Chair wishes to accompany him. The Commission then voted 7-0-1 to send the draft letter to ABRA asking for the dismissal of the case on the grounds that the application is premature.
Albert’s Liquor, Lic. #077335, 328 Kentucky Avenue SE—Review of Voluntary Agreement
Commissioner Wright reported that the Committee recommends that the Commission approve the draft Voluntary Agreement, notify ABRA that ANC6B withdraws its protest, and support the renewal of the applicant’s license conditioned upon the signing of the new VA.
The owner of the establishment, Mr. Jorge Ventura, was present and agreed to sign the new Voluntary Agreement. Ms Rachael Blair, resident, stated that the establishment had already improved its relationship with neighbors and was keeping its property litter free. The Commission voted 8-0 in favor of the Committee’s recommendation.
Commissioner Jarboe read the Eastern Market Report, a copy of which is attached.
8. Quarterly Financial Report
Commissioner Green reported that the Commission had $65,451.91 on hand at the end of the 2nd Quarter. During the 3rd Quarter (April-June 2009), the Commission had receipts of $7,942.85 (including a District Allotment of $7,933.90) and disbursed $5,056.07, primarily for staff assistant support, for an ending balance of $68,338.69. Commissioner Jarboe noted that the reason the Commission was carrying such a high balance was to save funds for eventual office rent and other expenses while the Old Naval Hospital is being renovated.
Commissioner Green moved (with a second by Commissioner Hill) that the Commission adopt the Quarterly Financial Report. The Commission voted 8-0 in favor of the motion.
Commissioner Oldenburg moved (with a second by Commissioner Green) that the Commission approve the minutes of the June 9, 2009, regular monthly meeting. The Commission voted 8-0 to adopt the minutes.
The meeting was adjourned at 10:30 pm.
Prepared by Kirsten Oldenburg Attest: _____________ .
Agenda, as adopted
Planning & Zoning Committee Report
ABC Committee Report
Eastern Market Report
1. Adoption of Agenda
2. Community Speakout
3. Community and Commission Announcements
· Conversion of Virginia Avenue Playground into a Green Playground geared toward kids and families of Capitol Hill – Leon Kafele Planning and Zoning Committee
(These items will also be considered by the P & Z Committee on July 7, 2009)
· Sister to Sister, The Women’s Heart Foundation’s October 11, 2009 Family Friendly Bike Ride, Caitlin McAndrews
· HPA # 09-001, 224 2nd Street, SE – Revised concept review interior renovation and new 3-story addition
· HPA # 09-186, The Hill Center – Review of requested modifications to concept plans
· HPA # 09-283, 308 9th Street, SE – Renovation of the main portion of structure and addition to the structure
· HPA # 09-285, 127 C Street, SE – Two-story rear addition with rooftop deck on the second floor
· HPA # 09-287, 713 10th Street, SE – Remove existing garage, one-story sunroom, and mechanical equipment shed in dog leg space and replace with 2-story rear addition
· HPA # 09-315, 523 6th Street SE – Two-story rear addition
· BZA # 17955, 649 E Street, SE – Special exemption for semi-detached SF residence to add a small two-story rear addition
· Resolution – HillEast (Reservation 13) Master Developer
· Capitol Canine Dog Park at Virginia Avenue Park (Removed from the agenda per the owner’s request)
· Application for DOT Grant Funds for Directional Signage
· Capitol Hill Day School Picnic Support
· Barney Circle Historic District Designation (Revised)
· Barracks Row Grant Support
· Curb Cut at 1106 10th Street, SE
6. ABC Committee
(These items will also be considered by the ABC Committee on July 9, 2009)
· Trusty’s, Lic. # 71352, 1420 Pennsylvania Avenue, SE – Substantial Change for expansion to 2nd floor, which will add approximately 59 additional seats
· 8th Street Bar & Grill, Lic. # 79198, 727 8th Street, SE – Review of Voluntary Agreement for new License
· Albert’s Liquor, Lic. # 077335, 328 Kentucky Avenue, SE – Review of Voluntary Agreement
7. Resolution on proposed changes to ANC election process
8. Eastern Market Report
9. Quarterly Financial Report
10. Approval of Commission Minutes
Report of the Planning and Zoning Committee
July 7, 2009
Commissioners present: Francis Campbell, Chair, David Garrison, Carol Green, Kirsten Oldenburg, Kenan Jarboe, and Bert Randolph, Executive Assistant
Sister to Sister, The Women’s Heart Foundation’s October 11, 2009 Family Friendly Bike Ride
Mark Gorski, Director of Development for the Women’s Heart Foundation, made the presentation. Mr. Gorski presented the plans for “Bike for the Heart” proposal for a 5-mile biking event/marathon. The Foundation anticipates approximately 1000 riders. The event will have minimal impact in/on the confines of ANC 6B. Only the two blocks of 1st street from Constitution Avenue NE to Independence Avenue SE will be affected. The road closures will start at 4:00am on October 11th at Abe Pollin Way NW and are scheduled to end at 11:45am with all streets scheduled to reopen at 12 noon, except Abe Pollin Way NW.
The Committee has no issues with the application and recommends that the full ANC support the applicant’s proposal.
HPA #09-001, 224 2nd Street SE, - Revised concept review interior renovation and new 3 –story addition.
The presentation was made by Rich Marcus, project architect, and Chris Collins, attorney with Holland & Knight. This case has come before the full ANC and P&Z Committee several times in the past. In this latest submission, the addition to the rear of this historic Watterston House property is further reduced in size from earlier proposals, and changes are displayed regarding landscaping plans throughout the property.
The addition is four stories, inclusive of a basement level.
Per the applicant’s submissions, the new addition will be wood with stucco finish with cable “green walls”, wood doors and wood stained doors and green roofs over the rear existing build ups. The rear existing brick building will have a brick painted second story addition to match the existing brick building.
Conceptual drawings of the proposed landscaping showed changes along the 2nd Street frontage around the existing trees with new stone paving, masonry walls and steps. Additionally there is a water feature on the proposed plans in the rear.
Conceptual drawings show minimal visual impact from the 2nd Street aspect. The lot occupancy of the current building is 40% and with the proposed additions will increase to 65%.
At present there are no concerns expressed by the Committee and it recommends approval of this project to the full ANC.
HPA #09-186, The Hill Center – Review of requested modifications to concept plans.
The proposal is a further modification of previous plans presented to the Committee and ANC. The entrance on 9th street to the enclosure for the dumpster is unchanged but the level on which the dumpster would rest has been lowered three feet below grade. The handicapped accessible entrance also remains on 9th Street near Pennsylvania Avenue. Part of the existing fire escape stairs is proposed to be used to construct the canopy section over the west side entrance. Extensive landscaping with a rain garden utilizing runoff is also planned. Modification of the carriage house shows a metal roof with small glass monitor, wood aspects with smaller window treatments and paint on both buildings of a lighter color more in keeping with the historic nature of this accessory building. The proposed changes are acceptable to the Committee and as such its recommendation to the full ANC is one of support.
HPA #09-283, 308 9th Street SE – Renovation of the main portion of structure and addition to the structure.
Patrick Conway, a co-owner, made the presentation. The applicant appeared earlier before the Planning and Zoning Committee with plans for a demolition and rebuild. That plan has been withdrawn. The applicant now presents plans to renovate the existing structure. The renovated building would occupy 40% of the lot. This new proposal is considerably smaller with the maximum height of 40 feet with a 20-foot rear yard setback. The plan is now for a two story SFD instead of three stories in the earlier proposal. The proposed renovation will provide an unfinished large basement space with an additional build-out of the rear crawl space. The first floor will have a new extended living area and enlarged kitchen area, powder room and closet. The second floor will have two larger bedrooms, two bathrooms, closet and new exterior rear Juliet balcony.
Exterior changes in the front are minimal. Noted are functional shutters on the windows and new painted wood railings and steps.
Rear exterior changes include one window on the first floor with double-hung operable shutters, new painted wood railing and steps, new Juliet balcony on the second floor with double hung exterior door and new composite wood siding to match the original siding. The proposed new build-out will extend 8 feet beyond the exiting structure.
The Committee appreciates the applicant’s taking in the concerns of the surrounding neighbors in this new approach and commends them for their time and attention to detail. Of note neighbors Ms. Ida Prosky of 306 9th St SE, Ellysa Reimer and Stan Mroczkowski of 311 10th St. SE and William Goodwin of 312 9th St. SE appeared to voice their support for the applicant’s proposal. The Committee recommends that the full ANC approve this project.
HPA # 09-285, 127 C Street SE – Two-story rear addition with rooftop deck on the second floor.
Brent Lightner, the owner, made the presentation. The applicant is proposing a 6ft X 12ft two-story rear addition on top of an existing one-story rear addition. The existing rear addition is technically an extension of the basement floor although it sits entirely above ground in the rear. There would be a rooftop deck on top of the second floor addition extending approximately 20 feet along the second floor roof. As a matter of information the existing footprint is 998 square feet and would increase to 1013 sq.ft. to accommodate a 15 sq.ft. exterior stair landing to be located on the first floor rear exit, which would increase the present lot occupancy from 62.08% to 62.74%. The addition would enlarge the existing dinning room on the first floor and a bedroom on the second floor. The addition would also include two windows on each story of a similar design as exist on the existing structure. Materials, per the applicant’s submissions, would be hardiplank. The roof top deck would be 292 sq. ft.
The applicant provided letters of support from various affected neighbors as well as a letter from the previous owner of the property stating that the basement addition was present on the property when she purchased it in 1972 from Beatrice Fuchs. The rear of the property faces Rumsey Court, which contains alley dwellings. Although the front of the property is three stories and the addition will not be visible from C Street, there is some concern that some portion or all of the addition will be visible from Rumsey Court dwellings. There is a letter of objection from the adjourning neighbors, the Parsons, of 129 C Street. The issues raised by the neighbor in this case are not applicable to this historic preservation case as they are zoning concerns.
The Committee raised concerns with the applicant regarding the site lines of the proposed addition and asked him to provide more detail. Until this additional data is provided, the Committee feels there isn’t sufficient information at present to render a decision. The Commission should review the additional information the applicant provides regarding site lines from Rumsey court before reaching a decision. The Committee notes that a number of zoning issues have been raised in this case. While not germane to the historic preservation’s issues, the Committee recommends that the ANC further investigate the zoning issues.
HPA #09-287, 713 10th Street SE – Remove existing garage, one-story sunroom, and mechanical equipment shed in dog leg space and replace with 2-story rear addition.
Dorothy Murdock, architect, made the presentation, accompanied by Janet & Paul Kavinoky, the owners.
The applicants propose to remove an existing garage at the rear of the property, remove a one-story sunroom and mechanical equipment shed in the dogleg in the rear and fill in the dogleg with the new addition. The new addition will allow an enlargement of the existing kitchen and creation of a dining room on the first floor and enlargement of an existing bedroom and new room on the second floor. The rear addition will be covered with hardiplank.
Attached with the submission were letters of support from affected neighbors who are supportive of the proposed addition along with supportive comments from Nancy Metzger, Chair of the CHRS Historic Preservation Committee.
Commissioner Jarboe is the next-door neighbor and will be submitting a letter of support for the proposed addition at a later date.
Based on the applicants’ submissions and letters of support, the Committee recommends support for the application to the full ANC.
HPA #09-315, 523 6th Street SE – Two –story rear addition.
Jennifer Fowler, architect, made the presentation. The applicant is proposing an 8 ft two story rear addition which will allow for an expansion of an existing kitchen on the first floor and an increase in the size of an existing 2nd floor bedroom. The new addition will be covered in hardiplank , to be utilized on the existing rear addition to present a uniform look. The applicant also plans to expose the brick base of the rear addition to further differentiate its look. New double-hung aluminum windows and door are proposed in the rear with an at grade entrance. On the North side of the proposed addition a new window is proposed on the first floor with new windows proposed on the second floor. Included with the submissions are letters of support from the owners of 521 and 525 6th Street SE. Based on the revised applicant’s submissions, the Committee recommends the full ANC support the application.
BZA #17955, 649 E Street SE – Special Exception for semi-detached single-family residence to add a small, two-story rear addition.
The applicants, Michael Day and Tama DuffyDay, were unable to attend the Committee meeting because they were on vacation. By prior agreement with the Commission’s Executive Committee, the applicants were given permission to bring their case directly to the July 14th Commission meeting. No neighbors attended the Committee hearing. The Committee briefly reviewed the applicants’ plan and related model but did not have a full discussion, deferring the matter to the Commission.
Resolution – HillEast (Reservation 13) Master Developer
Commissioner Jarboe presented the Committee with the Following Resolution on the HillEast Waterfront Development:
“WHEREAS, the Hill East Waterfront development area, otherwise known as Reservation 13, is contained within the boundaries of Advisory Neighborhood Commission 6B; and
WHEREAS, the city’s Comprehensive Plan calls for redeveloping this 50-acre parcel “as a mixed use neighborhood that combines housing, office space, health care, civic, education, and recreational uses”; and
WHEREAS, the city’s approved Master Plan vision for the Hill East Waterfront calls for “an urban waterfront district that serves the District of Columbia and connects the surrounding neighborhoods to the Anacostia River via public streets and green parks” that “is pedestrian-oriented, has a human scale, and is a convenient, safe and pleasurable place to visit, work and play”; and
WHEREAS, on May 14, 2008 the city issued a Request for Expressions of Interest (RFEI) “seeking a Developer to implement the Hill East Master Plan”; and
WHEREAS, the city received proposals from four highly qualified development teams in response to a Request for Expressions of Interest; and
WHEREAS, at a special call meeting of ANC 6B on January 29, 2009 with a quorum present, ANC 6B strongly endorsed HDG Partners (Hunt) and its vision for Hill East Waterfront by a vote of 7-0; and
WHEREAS, the city appears to be re-examining the disposition structure it intends to use for this project, which may result in the adoption of a process other than the use of a Master Developer.
NOW THEREFORE BE IT RESOLVED that ANC 6B strongly endorses the mechanism of a Master Developer as the best and most appropriate means of implementing the Hill East Master Plan; and
BE IT FURTHER RESOLVED that the Commission expresses its concern that the integrity of the Master Plan be maintained and expresses its strong opposition to any change in the process that would result in the site being developed on an ad-hoc or piecemeal basis; and
BE IT FURTHER RESOLVED that the Commission reiterates its previous endorsement of the HDG Partners (Hunt) proposal for the Hill East Waterfront and reiterates the concerns stated in its resolution of January 29; and
BE IT FURTHER RESOLVED that the Commission urges the Deputy Mayor for Planning and Economic Development to move ahead quickly with the selection of a Master Developer based on the response to the RFEI of May 14, 2008; and
BE IT FURTHER RESOLVED that the Commission authorizes the Chair to convey this resolution to the Office of the Deputy Mayor for Planning and Economic Development and other city officials as appropriate.”
The Committee recommends support of the resolution to the Full ANC.
Application for DDOT Grant Funds for Directional Signage
The Commission is
a participating organization on the group called the “Sign Tigers”, a Capitol
Hill organization working to improve directional signs around the
neighborhood. As part of this effort,
the Capitol Hill Restoration Society, proposes to request a grant from the DC
Department of Transportation’s Enhancement Grant Program to finance additional
historic district signs, as well as installing five “
Also as an outgrowth of the Sign Tigers work, the Barracks Row Main Street Association proposes to seek a grant from DDOT to restore murals and stained-glass windows along Barracks Row and to add bicycle racks. Commissioner Garrison presented a draft letter of support. The Committee recommends that the Commission approve the letter.
Report and Recommendations
July 9, 2009
Commissioners Present: David Garrison, Carol Green, Kirsten Oldenburg, Will Hill, and Bert Randolph, staff.
Trusty’s, License #71352, 1420 PA Av SE: Substantial Change
Trusty’s, a bar and restaurant at 1420 Pennsylvania Avenue, SE, requests a substantial change in its license to permit the expansion of the business to the second floor of the building, increasing the total seats to 96. On the second floor, the applicants propose removing the front half of the building’s roof to create an out-door “courtyard”. The second floor space would be encased on all four sides with walls, including an extension of the north wall up to the same level as the height of the current front wall.
The applicants have consulted at length with many of the neighbors in the residences that comprise this residential block. The neighbors signed a petition setting forth six criteria that they feel must be met in order for the application to receive their support. The applicants stated that they agree to comply with all six criteria. A draft Voluntary Agreement containing five of the six criteria has been developed. The sixth criteria requests that the new, second-floor outdoor space not be put into operation once it is built out until tests have been conducted to the satisfaction of the neighbors that usage of the space in the evening will not send noise into surrounding properties. The neighbors have proposed signing a separate agreement with the applicants regarding this last request and the applicants stated they would sign such an agreement.
The Committee recommends that the Commission support the application, and approve the draft Voluntary Agreement, provided that (1) the applicants demonstrate that they have made a concerted effort to reach the resident of 1428 Pennsylvania Avenue, SE, provide him with information about the applicants’ plans, and notify him of his opportunity to communicate his view to ANC 6B, and (2) the applicants provide the Commission with finals drawings, especially for all aspects of the second-floor build-out.
The owners of
With this understanding, ANC 6B entered into an extended negotiation with the applicants on the terms of a Voluntary Agreement. At its regular monthly meeting on November 12, 2008, the Commission voted 8-0 to oppose the applicant’s request for a license and to protest the issuance of a license. A formal mediation process overseen by ABRA staff ensued. At its regular monthly meeting on May 12, 2009, the Commission voted 6-3-1 to approve the Voluntary Agreement.
ABRA convened a protest status hearing on the case on July 10, 2009. Prior to that hearing (but after the signing of the VA), the applicant informed the Commission that he had signed a five-year lease for the second floor of his property sometime prior to the signing of the VA, and now proposed to open his bar and grill on the first floor of the building once the current first-floor tenant’s lease expired and the build-out of the space was completed. The Commission’s Executive Committee, at its meeting on May 26, determined that this change in plans required that the negotiations around a Voluntary Agreement should begin anew and that ANC 6B request that ABRA vacate the recently-signed VA. At a June 10th protest status hearing, ABRA approved the Commission’s request, vacated the VA, and set August 19 as the date for a hearing on the protest.
ANC 6B then invited the applicants to come to the ABC Committee’s July meeting to present their plans for the utilization of the first floor of their building for their proposed bar and restaurant. The applicants came and made their presentation. During the discussion, the applicants disclosed that the lease by the sporting goods store of the first floor does not expire until February of 2012 or in approximately 2 ½ years. The applicants also acknowledged that the subsequent process of securing the necessary permits and the building out of the space would likely take another half year to a year.
It is the Committee strong view that this application is not timely. The Committee finds it extremely difficult to assess the appropriateness of the applicants’ plans and the likely impact upon the surrounding properties, especially the nearby residences, of an establishment that may not be in operation for upwards of 3 ½ years from now. This assessment is especially hard given the applicants’ request for an extensive entertainment endorsement and the concomitant issues of noise and other disruptions that such activities can present to the community. The fact that the applicant have neither access to, nor control of, the space for the purpose of planning for the facility they wish to open further compounds the Committee’s determination that the application is not ready for consideration.
The Committee recommends that the Commission not support the application on the grounds that it is premature. Further, the Committee recommends that the Commission authorize the Chair, and any other Commissioner that the Chair identifies, to appear at the scheduled protest hearing on August 19, 2009 to present ANC 6B’s position. In addition, the Committee recommends that the Commission approve of the draft letter to ABRA making a motion that the case be dismissed immediately prior to the protest hearing on the grounds that the application is premature.
Albert’s Liquor Store, License #077335, 328 Kentucky Avenue, SE: Review of Voluntary Agreement
At its regular monthly meeting on May 12, 2009, ANC 6B voted 9-0-1 to oppose the liquor license renewal request of Albert’s Liquor Store at 328 Kentucky Avenue, SE and to protest the renewal of that license to ABRA. Since that decision, led by Commissioner Carol Green and working closely with nearby residents, a revised Voluntary Agreement has been drafted that meets the approval of the applicant, the neighbors and the ABC Committee.
The Committee recommends that the Commission approve the draft Voluntary Agreement and notify ABRA that ANC 6B withdraws its protest and supports the renewal of Albert’s license conditioned upon the signing of the VA.
ANC 6B Eastern Market update – July 14, 2009
Commissioner Kenan Jarboe
The following is my report on Eastern Market, based on the EMCAC meeting of June 24, 2009, and subsequent events:
The Market is OPEN. Opening activities for the South and North Hall went well. Business since the opening appears to be brisk (so much so that I have received antidotal evidence that neighborhood parking around the market has gotten more difficult on weekend since the re-opening).
The Market manager has circulated a draft set of written rules for those who will be vending at the Market on weekends (farmers, vendors and community groups). The draft has been circulated to EMCAC and to the vendors via the Tenants Council. Once comments have been received he will finalize the document.
Now that the Market has re-opened, control of the Hine lot has been transferred from DDOT to OPM. The Market manager will now be responsible for opening and cleaning that area. However, the parking meters are still under the control of DDOT. No word yet when the Hine lot meter will be activated.