Commissioners Absent: None
There was a quorum for conducting business.
Adoption of Agenda
Commissioner Jarboe asked that a resolution on the rebuilding of Eastern Market be added after presentations. The Chair wanted to add after the ABC Committee Report section, Eastern Market Committee and Representative.
Commissioner Glick made the motion to adopt the agenda as amended. The motion was seconded by Commissioner Jarboe. The Chair asked all in favor to raise their hands. The vote was unanimous (9-0).
DC Fire Department – Mr. Robert McClafferty, 2nd Battalion Chief, stood and thanked the community for its support while the Fire Department was fighting the fire at Eastern Market and especially after the fire was extinguished. Mr. McClafferty responded to questions from the audience regarding various issues. Chief McClafferty invited community members to contact him directly at 202.673.3382 if they had additional questions or comments. He also provided the audience with the main firehouse phone number of 202.727.1614 to report anything they think needs the fire department’s inspection. Chief McClafferty also announced they had a Smoke Detector Give-Away Program that provided free detectors and the department would even come and install them free-of-charge.
Committee for Eastern Market – Gary Peterson, Chair of the Committee for Eastern Market, the Capitol Hill Community Foundation sponsors, reported that they had raised approximately $170,000.00. Mr. Peterson stated that a number of restaurants in the area would be donating 5% of their proceeds to the receipts this night (May 8, 2007) toward the fund. Additionally, his organization will have a booth at the Eastern Market next weekend to gather additional funds. Mr. Peterson stated that the foundation started today (May 8, 2007) making payments to merchants who need to buy new equipment and employees who need something to tide them over..
Anacostia Waterfront Corporation (Reservation 13) Update
– Jeff Seltzer, Chief Engineer with the Anacostia Waterfront Corporation
(Reservation 13), stated that the ANC mission is to renovate the old
Citizen Robbery – A member of the community rose and
stated that he had been robbed at gunpoint in the past two-months by teenagers
and he wanted to know if the Commission had heard anything from the Mayor’s
office or the police department about what they plan to do this summer to deal
with this current spike in crime. Since
his troubles came during the winter months, he is concerned that, with the
summertime coming, the problems will only get worse. He was asked at what location did the crimes
take place and he responded that it was at 12th and
Community Walk-Through SMD 04 – Commissioner
Ostergaard stated his SMD will be conducting a Community Walk-Through,
Wednesday night, May 9th, where MPD District Chief Commander
Groomes, Councilman Wells, and several other city officials will be in
attendance and he wanted to invite all those in the neighborhood who are
interested in becoming involved to attend.
The Walk-Through will start at 6:30 p.m. at 12th and
Commissioner Ostergaard announced that during the first week in June, he will also be conducting a Walk-Through with city officials in the vicinity of 12th and G Street, SE, proceeding through Potomac Gardens and down toward K Street, SE. Commissioner Ostergaard will make the community aware of the specific date and time of the Walk-Through by the next ANC meeting.
Commissioner Ostergaard stated they are actively looking for
people to volunteer in helping PSA 106 to put together Summer Programs for
At-Risk Youth in the neighborhood, especially for any disadvantaged kids. Commissioner Ostergaard went on to say that
they are looking for people with ideas, experience, funds, and potential
sources for funding the various youth programs to give the kids this summer
some healthy alternatives. He stated the
kids had a fairly good computer center , but it was not being used very much. A business owner on
Commissioner Ostergaard related to the group an incident
that occurred in the neighborhood a few days earlier that involved three twelve
year olds and one younger child. They
were throwing objects at a squad car and eventually hit it with some type of
ball. The officer then chased them back
between 12th and
The Chair invited everyone to visit the Commission’s website www.anc6b.org for more information regarding the Commission and that they would be able to find information on each Commissioner, including home phone numbers.
311 and 911 Systems – A lady from the community complained about not getting information regarding crime in the neighborhood. Commissioner Ostergaard stated that the police system utilizes the information obtained from the 311 and 911 systems to determine where to position its neighborhood resources and he encouraged everyone to please call both numbers to report problems. He went on to say that he understood that most people are not satisfied with the 311 and 911 systems, but they are key in helping to identify where the police department needs to focus their attention and manpower. If you see something please report it by using 311 or 911. Commission Ostergaard encouraged everyone to contact their Commissioner and/or their PSA and let them know about their experience.
Ms. Simone Green the Mayor’s Community Outreach Coordinator for Ward 6 stated that the Commission could have representatives from the Communications Group come and make a presentation on how the 311 and 911 systems work, which would provide everyone with a better understanding of the systems. Ms. Green went on to say that Mayor Fenty would be in the neighborhood the next day doing the walk-through and she encourages everyone to attend PSA meetings to voice their concerns.
Historic Congressional Cemetery – A gentleman representing the Association for the Preservation of Historic Congressional Cemetery stated that on Saturday, May 19th from 9:00 a.m. to 4:00 p.m. they would be having their Bicentennial Heritage Festival at 1801 E. Street, SE. He stated there would be lots of fun for the entire family and invited everyone to please come join them.
1st District Police Department – Commissioner Hill
announced that on first Tuesday of each month there will be a meeting at
Community and Commission Announcements
Police Department’s Outreach Activities –
Commissioner Ostergaard announced that as part of the Police Department’s
Outreach Activities on the 8th and 9th police officers
will be doing double shifts in order to attend community events such as the one
at G and
Commissioner Ostergaard announced that a group has been formed called “Save our Market”, with a listserv for volunteers wanting to help raise money for the Community Foundation. Commissioner Ostergaard stated the group is not raising money for itself but working to raise money for other organizations in support of Eastern Market. He invited anyone who is interested in getting involved to send an e-mail to firstname.lastname@example.org.
Public Meeting Hill East Waterfront Zoning –
Commissioner Jarboe announced that on Wednesday, May 16th there will
be community meeting to discuss the zoning on Reservation 13 (Hill East
Waterfront), an area that is currently not zoned. The Office of Planning has a proposal for the
zoning of the area and if people are interested they should attend the
meeting. The meeting will be held at the
Mr. Schmidt thanked the Commission for the opportunity to share his information regarding the upcoming 32nd Marine Corps Marathon. Mr. Schmidt stated that the race will be take place on Sunday, October 28th. The race course will not effect the southeastern portion of the city (ANC6B) as other marathons have in the past. Mr. Schmidt stated that they will be holding their Health and Fitness Exposition at the DC Armory from October 25th through the 27th. The hours will be Thursday, October 25th, from 3 pm – 8 pm; Friday, October 26th, 10 am – 8 pm; and Saturday, October 27th, 9 am – 7 pm. Everyone who registers for the marathon, 10 K, and children marathon must come there to pickup their race numbers and packets. There will also be a Pasta mess tent across the street in the mall area. Police will be there to direct the traffic. Mr. Schmidt also stated that East Capitol would not be closed for these events. If you are interested in running in the marathon or volunteering you can go online at www.marinemarathon.com
Resolution Rebuilding Eastern Market
The Chair turned the meeting over to Commissioner Jarboe.
Commissioner Jarboe stated that last night (May 7, 2007),
there was a meeting at
Rebuilding of Eastern Market and Temporary Measures For the Continuation of Market Activity
Whereas, On the morning of April 31, Eastern Market was ravaged by fire.
Whereas, Eastern Market is the heart of Capitol Hill.
Whereas, Eastern Market is also a national treasure and an important historic building.
Whereas, Eastern Market is more than just a building, but a collection of neighborhood servicing businesses.
Whereas, The Mayor has pledged to rebuild the Market within 24 months, including existing plans for interior renovations.
Whereas, DC government is proposing to construct a temporary market building to house the South Hall merchants displaced by the fire.
DC government is also proposing to temporarily close
Whereas, DC government hosted a community meeting on May 7th where these proposals were discussed.
Be it therefore resolved that:
ANC 6B supports the proposal to construct a temporary market building to house the South Hall merchants displaced by the fire on the Hine Junior High School playground and supports the temporary closure of 7th Street SE on weekends to accommodate the outdoor vendors.
Be it further resolved that ANC 6B urges the DC government to do all that it can to renovate, restore and rebuild Eastern Market as quickly as possible, in keeping with existing renovation plans and the historic character of the building and to do all that it can to support existing vendors and insure that they return to the building.
Commissioner Jarboe moved that the amendment be adopted.
Commissioner Green made the friendly-amendment that the date of the fire be changed from April 31st to April 30th. Commissioner Jarboe agreed that the date should have been April 30th and it was changed.
Commissioner Jarboe’s motion was seconded by Commissioner Glick.
The Chair asked all in favor of adopting the amendment to raise their hands. The vote was unanimous (9-0-0).
Planning and Zoning Committee
The Chair stated that she had forgotten to mention at the beginning of the meeting that BZA Case # 17592, 740 9th Street, SE, had been pulled from the agenda.
The Chair stated that since the Planning and Zoning Committee Chair Francis Campbell, was not present, she would ask the Vice Chair, Commissioner Ostergaard to read the Committee Report and to start with HPA # 07-150, 1117 E. Capitol Street case.
Commissioner Ostergaard read the following:
HPA # 07 – 150,
Barry and Jennifer Brown, the owners of the above referenced address propose to expand their kitchen to take in the existing rear porch, expand the second floor bedroom to the same footprint, build a rooftop deck over the second floor, and excavate the basement.
The applicant has letters of support from neighbors located
at 1109, 1123 and 1113 East Capitol
The applicants understand that they will eventually be required to go before BZA to get its approval of their project before construction can began and that the Committee was only considering this as an HPRB case. The committee therefore recommends to the full ANC to support this case as an HPRB case.
The Chair asked if there was any new information that was not presented at the P&Z Committee meeting.
Mr. Brown responded that the only thing was the letter of
support from his neighbor at
Commissioner Glick asked Mr. Brown if he had letters of support from his immediate neighbors at 1115 and 1119.
Mr. Brown responded that at the P&Z meeting he had discussed that the neighbor at 1115 is elderly and all they have been able to get from her is a verbal approval. The other neighbor at 1119 has expressed no problem with the kitchen and rooftop deck, but they have expressed concerns about lighting for the build out for the second floor. Commissioner Garrison asked if the owners of 1119 had communicated their concerns orally and not in writing. Mr. Brown responded that the comments were only oral.
Commissioner Jarboe stated that this case was in his SMD and that he would be voting to support it. Commissioner Jarboe reminded Mr. Brown that he would be coming back before the Commission with his BZA application and would need to deal with the air, light and privacy issues at that time.
The Chair stated that this comes as a recommendation from the Committee, no motion or second is needed. The Chair then stated that Committee has recommended that the Commission support this case and she asked all in favor of supporting the recommendation to raise their hands. There were eight (8) votes. She then asked all opposing the recommendation to raise their hands. There was one vote (1). The recommendation passed.
BZA # 17613, 1359 C Street S.E. – Special exception to establish a child development center (100 Children and 18 Staff) in the R4 Zone
Ms. Sonja Sweek, the owner, is proposing to open a
The Committee’s discussions were centered around the
following Special Exception conditions for Section
3104 – Child/elderly
205.3 The center shall be located and designed to create no objectionable traffic condition and no unsafe condition for picking up and dropping off children or elderly persons.
205.4 The center shall provide sufficient off-street parking spaces to meet the reasonable needs of teachers, other employees, and visitors.
205.5 The center, including any outdoor play space provided, shall be located and designed so that there will be no objectionable impacts on adjacent or nearby properties due to noise, activity, visual, or objectionable conditions.
205.7 Any off-site play area shall be located so as not to result in endangerment to the individuals in attendance at the center in traveling between the play area and the center itself.
205.8 The Board may approve more than one (1) child/elderly development center in a square or within one thousand feet (1000 ft.) of another child/elderly development center only when the Board finds that the cumulative effect of these facilities will not have an adverse impact on the neighborhood due to traffic, noise, operations, or other similar factors.
Ms. Sweek provided the Commissioners and audience with an
overview of her background in education and social services, on the property
and its past usage, current improvements made, original intended use of
property, and her logic and reasoning for wanting to convert the property into
Ms. Sweek stated and exhibited a tentative agreement with the District of Columbia Public School’s Real Estate Office for the use of 6 parking spaces at Payne Elementary School, which is across the street from the proposed center, for off-street parking for employees/staff from April 2, 2007, to March 21, 2008, from 7:00 a.m. until 8:00 p.m., Mondays thru Fridays.
Ms. Sweek estimated there would be approximately 40 cars per day dropping off students at the center.
Ms. Sweek stated
that her outdoor play areas would be at nearby
Regarding traffic issues, Ms. Sweek submitted a letter from Erik Linden of DDOT, which specifies that “one of DDOT’s TSA parking specialists would conduct an on-site inspection of the center and its parking environment. DDOT – at the discretion of the specialist –would typically set up two parking spots for drop off & pickup of clients”.
There was considerable discussion between the Commissioners and Ms. Sweek regarding the potential impact of locating her center in the residential zone. Commissioners sought her assurance that the center would not negatively affect the residents in the area, with special emphasis on the number of students, location of the drop off and pickup area, length of off-site contractual agreement, and traffic
The following residents spoke in opposition of the center:
Jim Meyers, 1418 C. St. S.E.
Jack Calhoun, 1434 C. St. S.E.
The following residents spoke in favor of the center:
Ms. Sweek presented the Commission with a booklet with letters of support from numerous people in the community.
There were numerous letters in opposition including a letter from the Kentucky Courts Condominium Association Board, which outlines three main concerns:
1.) Violation of Section 205.3 – Objectionable Traffic Conditions and Unsafe Conditions
2.) Violation of Section 205.4 – Lack of Sufficient Off Street Parking
3.) Violation of Section 205.5 – Objectionable Impacts Due to noise
4.) Concerns about the legality and code compliance of the ratio of number of children to the available square footage of the interior building before and after the proposed renovations and rebuilding.
Also against the proposal was CHRS (Capitol Hill Restoration Society), which noted at its April 12, 2007, meeting a number of concerns:
1.) The applicant did not prove that she had met all applicable code and licensing requirements
are only two to three car lengths of frontage on
applicant is unable to provide parking on site and has entered into a revocable
applicant proposes to use
5.) There is an elementary school (Payne) and another childcare facility (Board of Child Care) within 1000 feet of the proposed facility. Payne is expecting to grow and the Board of Child Care is expanding. The cumulative effect of the facilities will adversely impact the neighborhood due to traffic disruption, noise and parking.
6.) The Department of Human Services had not stated that the facility can be licensed as required by the Zoning Regulations.
7.) At the meeting the applicant disclosed for the first time that she intends on adding a third floor to the building. This will require further BZA permission and everything should be included in one application.
At the conclusion of the discussion, the members of the Committee proposed four (4) individual amendments to the proposed application:
the entrance to the building and the drop off and pick up zone be moved onto
2.) That the applicant seek a binding agreement for off site parking for a minimum of 3 years for 6 parking spaces
3.) That the applicant limits the enrollment of children to 25 members.
4.) That the applicant limits the enrollment of children to 50 members.
Each amendment passed with votes of:
Support Opposed Abstained
1.) 6 2 0 passed
2.) 6 2 0 passed
3.) 4 4 0 passed
4.) 4 1 3 failed
The Committee voted on accepting the 3 amendments to the application that passed, but the vote was 4-4-0. Thus, there was no consensus among the members to adopt or reject the amendments as proposed and the members could not agree on a recommendation for submission to the full ANC. Therefore, the Committee referred this matter to the full ANC further discussion and a final vote.
The Chair asked if Ms. Sweek was present and if she had any new information since the P&Z Committee meeting on her application.
Ms. Sweek again gave the audience a brief overview of the
history of the property, her professional and educational background, the
proposed hours of operation (7:00 a.m. to 7:00 p.m.). Ms. Sweek said did not plan evening or
weekend operations, and there would be some drop-in care. Ms. Sweek stated that regarding parking, she
has exceeded statutory requirement of ,one parking space for every four
employees by having six parking spaces rented from
Ms. Sweek stated there will not be a noise issue associated
with moving the children between the center and the recreation spots (parks)
because the students will be escorted, which is allowed by statue and is
currently being done by centers downtown.
Regarding the drop off area, Ms. Sweek stated she will encourage the
DDOT traffic specialist to put the special signage area on the
Ms. Sweek stated that concerns had been voiced about fire truck traffic and potential congestion at the day care center and she did not see the difference between what the trucks are currently experiencing with Payne Elementary and her center.
Ms. Sweek stated there had been mention of another day care center being placed at Payne, but it is her understanding the child care is an after-school program through Parks and Recreation and would not address the need for working professionals who need all day care for their child.
Ms. Sweek concluded by providing the Commission with a booklet of additional letters of support and signed petitions regarding her application to provide day care services for the community.
The Chair asked Ms. Sweek what was the age range of the children who would be attending the center. Ms. Sweek responded the ages would be from 2 to 8 years of age.
The Chair stated that in an attempt to give everyone an opportunity to voice their opinion she was requesting that only those people speak who had not spoken at the P&Z meeting last week or those who did speak but feel they have some new comments regarding the new information Ms. Sweek had just provided. The Chair then asked that those favoring the Center speak first.
There were a total of 8 citizens who rose and spoke strongly in support of the application. (Due to their distance from the tape, low volume level of their voices, and background noise we were unable to obtain their contact information from the tape.) Each person spoke to the various issues that others had described as being negative, but they were of the opinion that the positives provided by the child care center overrode the negatives.
The Chair then asked those in opposition to the application to come forward and speak.
Stefanie Walker, who lives at
Frank Kulbaski, who lives at
Gretchen Mikeska, who lives at
Kathryn Wellen stated she too was against the proposed day care center.
Jim Myers, who lives at
Commissioner Glick informed the Commissioners that this application would have the greatest impact upon his SMD. Since parking in the proposed area is limited and the number of calls the fire department gets a day (approximately 10), it would make the placement of this center in this location a serious problem for the neighborhood. Additionally, he stated that Ms. Sweek’s building is about 3500 sq. ft. and the Board of Child Care, which is less than a 1,000 feet away, is approximately 10,000 sq. ft.. The Board of Child Care has 68 children and are attempting to increase the number to 76 children. Commissioner Glick does not believe the proposal is very well though out.
Commission Glick also stated that in the petitions he has received, there are 9 signatures from his SMD who signed the petition in support of the application. Additionally, there are a total of 53 people who live within the 200 feet effected area, and there are 7 people who support the application and 3 who do not object. Commissioner Glick stated that after looking at the petitions that were presented today, all but ten were within 200 to 500 feet from the proposed location of the center who were in favor of the application, which means that 90 people were in opposition to the application. Commissioner Glick stated that a major factor in his decision-making process is whether or not the immediate neighbors support a project or not. If the immediate neighbors support a project he will usually support the project. Commissioner Glick then asked his fellow Commissioners to vote again the application.
The Chair stated her concern that in tonight’s discussion and previous discussions and e-mails regarding the proposed number of students who would be cared for in the center, there have been various suggestions about what the number might actually be once the city had completed its process. The Chair said that the possibility that the final number might be a good deal lower than the number being requested now is not final enough for her to support a request for special exception. Therefore, she believes that the Commission will have to vote on the proposal as it stands for 100 children and 18 staff members, regardless of what the City will ultimately decide upon as being permitted.
Commissioner Garrison stated that he was supportive of the
provision of additional day care on Capitol Hill. That said, the Commission’s job was to assess
the proposal with the criteria provided by statute. Commissioner Garrison stated he believes the
biggest problem is that the Commission does not have all the information in
hand it needs to render a proper judgment, such as the number of children that
will be cared for at the center.
Commissioner Garrison mentioned that it would be better if the drop-off
site and entrance to the facility were located on
Commissioner Ostergaard stated that some neighbors are
supporting the application and some are not.
Commissioner Ostergaard stated that he had visited the site both by
walking and driving a total of 4 (four) times to observe the traffic and he did
not believe traffic would be a problem.
Commissioner Ostergaard also stated that of the five criteria regarding
day care centers in the regulations, the applicant had met them all save one
based upon how he reads the regulations.
He went on to say that the Commission in not a law making body, but is
in place to determine what is in the best interest of the neighborhood. Additionally, he appreciated the comments
that were made about trying to retain the residential character of the area, as
well as its quality of life, and peace and quiet. However he stated that his oath of office as
an ANC Commissioner is not to a Commissioner for a particular block, but it is
in what is the best interest of the
The Chair stated that she was unable to attend the Planning
and Zoning Committee meeting last week but she had heard about the case from
many in the community who voiced either their support and objection to the
application. Additionally, she has heard
from the Commissioners and reviewed the original documents about the case. The Chair then stated that it did not appear
to her that the proposal addresses everything it should address, as
Commissioner Garrison had mentioned earlier.
Additionally, she understands the need for more child care on The Hill,
but there are too many unanswered questions related to the case. Therefore, at this time she will not be able
to support the proposal at all and would like to see it come back to the
Commission with more sufficient information and better numbers. The Chair stated that she wanted to see what
DDOT has to say and exactly how many children can be allowed to be in the
facility. Additionally, the Chair stated
that after reviewing the regulations the only one she could agree the applicant
met was the requirement that the Center shall provide sufficient off-street
parking spaces to meet the reasonable needs of teachers, other employees, and
visitors. Furthermore, Ms. Sweek’s
parking agreement is for only one year with
Commissioner Ostergaard asked if the Commission supported the application as is, is it the city that will come back and tell the Commission what the legal number of children who can attend the center? The Chair responded that he was correct that the city officials would have the final say regarding the issue.
Commissioner Jarboe added that there were two parts to the answer. First the ANC has input, but in the end BZA will do what it wants regarding the issue. He continued by saying that the BZA would be looking at what the health department has to say about the number of children who can attend. That is, if the health department said the number of children who can attend is lower, then the number must be reduced. In other words, the Commission’s discussion is what are the terms of the Certificate of Occupancy requirements.
Commissioner Glick made the motion that the Commission oppose the application for a special exception. The motion was seconded by Commissioner Green.
Commissioner Garrison made a motion in the nature of a substitute that the Commission support the application with the following conditions: 1) there be a more substantial employee parking arrangement for at least three (3) years as a minimum; 2) the entrance of the building be reoriented to 14th Street along with the location of the drop off zone; and 3) the number of children allowed in the facility would be 50.
Commissioner Ostergaard asked for a point of clarification in that if the Commission decides that the number of children should be 50 is it not true that the final decision will still fall back on BZA or the health department or whomever to decide what the final number will be. Commissioner Jarboe responded that it would mean that the Commission’s recommendation to BZA would be cap the number of children at 50 and not 100.
Commissioner Campbell seconded Commissioner Garrison’s motion.
Commissioner Campbell spoke in support of Commissioner Garrison’s amendment. He noted that the amendment addresses a number of items that were discussed by the P&Z Committee last week. However, he still has a number of questions and concerns, even with the amendment. He remains concerned about the safety issues and feels there is not sufficient information to make a sound decision. Commissioner Campbell said he was surprised to learn the number of trips the fire department makes and the potential safety hazards this will create.
Commissioner Jarboe stated that he was against Commissioner Garrison’s substitute amendment because of the process. Commissioner Jarboe stated he believes the proposed number of children is too large. Commission Jarboe added that he would offer a friendly-amendment to Commissioner Glick motion to say “without prejudice to a future application”, which would allow the applicant to come back at a later date with a more complete plan.
The Chair agreed with Commissioner Jarboe that by sending BZA an arbitrary number of 50 children would be sending the wrong message and that the applicant should come back with a more complete plan that addresses the many issues that have been discussed. Therefore, she would not be able to support Commissioner Garrison’s motion.
Commissioner Green seconded Commissioner Jarboe’s friendly-amendment to Commissioner Glick’s motion.
The Chair asked those in favor of Commissioner Garrison’s motion to raise their hands. The vote was 2. The Chair then asked all in opposition to raise their hands. The vote was 7. The Chair then asked those abstaining to raise their hands. The vote was 1. The motion failed.
The Chair then asked all in favor of the motion to oppose the application with Commissioner Jarboe’s friendly-amendment of adding the wording “without prejudice to a future application”. The vote was 9. The Chair asked for all those in opposition to raise their hands. The vote was 1. The motion passed.
The Chair turned the reading of the Planning and Zoning Committee Report over to the Chair of the Committee, Commissioner Campbell.
ZC Case #07 –04 Text Amendment – Temporary Detention and Correctional Institutions in the C –M District
The Committee recommends that the ANC write a letter to the Zoning Administrator stating that the ANC 6B has no objection to the deletion of this section of the code.
Commissioner Jarboe stated that the Office of Planning is recommending that this action be taken because it is an antiquated part of the code.
The Chair asked all those in favor of the Committee’s recommendation to raise their hands. The vote was 8-0-1.
ZC Case #07 – 05, Text Amendment – Temporary Accessory Parking Spaces on Public Reservation 13 (Hill East Waterfront property)
The Committee makes the recommendation to approve the text amendment. The Committee encourages the Zoning Administrator to specify where the parking structures would be placed on the property, avoiding the possibility that the actual location could be in a variety of places. The Committee also recommends that the parking lots be temporary until the parcels can be developed in accordance with the Master Development Plan.
The Chair stated this was a recommendation from the Committee needing no second. The Chair then asked all in favor to raise their hands. The vote was unanimous (10-0).
BZA Ruling regarding variance or special exception requirements for garages
The Commission over the past couple of months has been faced with several applications to build rear garages that were originally submitted for evaluation as special exceptions. However, after the Commission had rendered a decision, the Commission was notified by the applicant and/or BZA that the application would need to be evaluated as a variance. This abrupt change in approach by the BZA has caused the Commission considerable concern. The Commission’s concerns were communicated to the Office of Planning. The Committee is pleased that the Office of Planning is now proposing these code changes to clarify the situation.
The Committee agrees with the definition as put forth by BZA, but suggests that a definition of a “garage” be included in the new language, setting limits regarding the maximum width, height, and length that a structure can be and distinguishing between a garage and a shed.
Lic# 15387, La
Lic# 25153, Aatish On The Hill,
Lic# 60614, La Plaza,
The above applicants appeared before the ABC Committee and they were found to be in compliance with ABC regulations and each signed a current Voluntary (Cooperative) Agreement. The ABC Committee recommends support of their license renewals.
The Chair stated this was a recommendation from the Committee needing no second. The Chair then asked all in favor to raise their hands. The vote was unanimous (10-0).
Lic# 16129, Talay Thai Restaurant,
Lic# 7279, Young Chow,
Lic# 70960, Cosi Restaurant,
None of the above applicants attended the ABC Committee meeting. The Committee therefore takes no position on their cases.
The Chair asked if there were any members of the above establishments present. There were none.
The Chair then stated that this was a recommendation from the Committee needing no second. The Chair then asked all in favor to raise their hands. The vote was unanimous (10-0).
Eastern Market Committee and EMCAC Representative
The Chair stated that in the light of what had happened to
Eastern Market, she wanted to reestablish the Eastern Market Committee and
appointed Commissioner Ken Jarboe as Chair and Commissioner
The Chair asked it there was any discussion on the matter. Commissioner Garrison stated that in a prior Executive Committee meeting, when ANC representation on the Eastern Market Community Advisory Committee was discussed, one of the main concerns was whether such participation would imply that the no longer have a right to review major development and other matters proposed by the EMCAC. Therefore, Commissioner Garrison feels that the Commission should request that the Commission’s representatives, at an appropriate time, make it clear that ANC participation does not foreclose the ANC from performing its normal review of all issues that would regularly come before the Commission.
The Chair asked Commissioner Wright to disclose her agreement with one of the vendors at Eastern Market. Commissioner Wright stated that she works for one of the vendors at Eastern Market. In the past, EMCAC viewed such situations as a conflict of interest thus Commission Wright along with several others in similar situations had been kept off of EMCAC. EMCAC has now changed its mind and no longer views such employment as a conflict of interest.
Commissioner Jarboe stated that as the Commission sets this Committee up, since he is the EMCAC representative (voting member), the issue of Commissioner Wright having a conflict of interest is a moot point. Commissioner Wright is not the voting representative but can function as a substitute in his absence.
Commissioner Garrison made the point that if a matter came before the EMCAC Committee involving the vendor who employs Commission Wright, she would have to recuse herself from being involved in that discussion.
The Chair then stated that the motion was for the establishment of the Eastern Market Committee and the representation at EMCAC. The Chair then asked all in favor of the motion to raise their hands. The vote was 9-0-1.
The Chair stated that, in the future, item seven entitled “Committee Reports and Announcements”, normally on the agenda, will be replaced by the Eastern Market Committee Report.
Committee reports and announcements
Approval of Minutes
The Chair stated that the March and April minutes were up for approval. Commissioner Garrison stated that the March minutes had been reviewed and verified, but the April minutes needed further review.
Commissioner Garrison made the motion the minutes of the March Commission meeting be approved. Commissioner Ostergaard seconded the motion.
The Chair asked all in favor of the motion to raise their hands. The vote was unanimous (10-0).
There was not further business and Commissioner Hill made the motion that the meeting be adjourned until its next meeting date of June 12, 2007. The motion was seconded, and the vote was 10 to 0.