Advisory Neighborhood Commission 6B

 

 

Minutes of Regular Meeting

Tuesday, May 11, 2010; 7:00 p.m.

 

 

ATTENDANCE

 

Commissioners Present: Dave Garrison (chairing), Carol Green, Neil Glick, Will Hill, Kenan Jarboe, Norman Metzger, and Kirsten Oldenburg.

 

Commissioners Absent: Francis Campbell, Michael Patterson, and Mary Wright

 

Also in attendance: ANC6B Staff Assistant, Bert Randolph.

 

1.  Adoption of Agenda

 

Following the introduction of Commissioners, the Chair asked for changes to the agenda.  Commissioner Oldenburg announced that the Approval of Meeting Minutes item should be removed as the April 2010 meeting minutes were not available.  With no further changes, the amended agenda was adopted by voice vote.

 

2.  Community Speakout

 

Eric Holzherr, owner of Wisdom at 1432 Pennsylvania Ave SE and nearby resident, complained about the status of the old KFC site.  He said the site has been vacant for about a year and a half and the temporary fencing that had been erected by Douglas Development was no longer securing the site.  Commissioner Hill responded that he has been in communication with the developer about this matter.

 

3.  Community and Commission Announcements

 

Commissioner Oldenburg announced that the Community Integrated Master Plan process to find a new site for the Marine Barracks bachelor enlisted quarters will be holding its 4th and final workshop on Saturday, May 22, 10am to 2pm, in the IGU building at 13th & D Streets SE.

 

Commissioner Oldenburg announced that the DC Charter School Board had denied the application to open a charter high school in the IGU building and commended the community for all of the research and work done to fight the proposal.

 

4.  Presentations

 

The planned presentation on the U.S. Dream Academy Learning Center Mentoring Partnership was cancelled because Mr. C.J. Cross, Mentor Coordinator, had to leave the meeting.

 

5.  ABC Committee

 

Commissioner Green reported that the Committee recommends that the Commission take no action on the following five (5) ABC license renewals since none of the establishments were represented at the Committee meeting nor did anyone in the community raise any objections to the renewals:

 

La Plaza Mexican Restaurant, Lic.#ABRA-060614 CR01, 629 Pennsylvania Ave SE

Tortilla Coast, Lic.#ABRA-023567 CR02, 400 1st Street SE

La Lomita Restaurant, Lic.#ABRA-016357 CR01, 1330 Pennsylvania Ave SE

Montmartre, Lic.#ABRA-060422 CR01, 327 7th Street SE

Cosi Breakfast, Lunch, Dinner, Dessert & Catering, Lic.#ABRA-070960 CR01, 301 Pennsylvania Ave SE

 

The Commission took no votes on any of the above five establishments.

 

Commissioner Green reported that the Committee recommended that the Commission take no action on the following two (2) ABC license renewals since none of the establishments were represented at the Committee.  However, one community resident did complain about the noise emanating from both restaurants sidewalk cafes:

 

The Ugly Mug Dining Saloon, Lic.#ABRA-071793 CR02, 723 8th Street SE

Molly Malone’s, Lic.#ABRA-081089, 713 8th Street SE

 

Ms Helene Quick, the complaining resident, was present and repeated her statement about the noise that could be heard late at night and early in the morning although she admitted it was difficult to discern if one or both of the establishments were the source.  Mr. Xavier Cervera, owner of Molly Malone’s, was present and noted that he has voluntarily stopped service on his sidewalk café at 11pm.

 

There was no representative of The Ugly Mug at the meeting.  Commissioner Jarboe moved (with a second by Commissioner Green) that the Commission protest the renewal of The Ugly Mug.  The Commission voted 6-1 in favor of the motion.

 

Commissioner Green moved (with a second by Commission Jarboe) that the Commission support the license renewal of Molly Malone’s contingent on the owner signing a new VA.  Mr. Cervera stated he would be willing to sign, and the Commission voted 7-0 in favor of the motion.

 

Commissioner Green reported that the Committee recommends that the Commission vote to support the license renewals of the following six (6) establishments contingent on the owner signing a new Voluntary Agreement (VA).  All establishments had been represented at the Committee meeting.

 

Sanphan Thai Cuisine, Lic.#ABRA-080550 CR01, 653 Pennsylvania Ave SE

Mr. Teerarat Panitansiikal, owner, was present and stated he would sign the VA.  The Commission voted 7-0 to support the license renewal contingent on the signing of the VA.

 

Belga Café, Lic.#ABRA-60779 CR01, 514 8th Street SE

Mr. Bart Vandaele, owner, was present and stated he would sign the VA as long as he was given a chance to review the document.  The Commission voted 7-0 to support the license renewal contingent on the signing of the VA.

 

Mr. Henry’s, Lic.#ABRA-000259 CR02, 601 Pennsylvania Ave SE

Mr. Alvin Ross, owner, was present and stated he would sign the VA.  The Commission voted 7-0 to support the license renewal contingent on the signing of the VA.

 

Zest Bistro, Lic.#ABRA-082432 CR, 735 8th Street SE

Ms Amanda Briggs, owner, was present and stated she would sign the VA after reviewing the document.  The Commission voted 7-0 to support the license renewal contingent on the signing of the VA.

 

Capitol Hill Tandoor and Grill, Lic.#ABRA-060689 CR01, 419 8th Street SE

Mr. Amir Ehsan, owner, was present and stated he would review and sign the VA.  The Commission voted 7-0 to support the license renewal contingent on the signing of the VA.

 

Sizzling Express, Lic.#ABRA-026739 CR01, 600 Pennsylvania Ave SE

Mr. Gary Hang, owner, was present and stated he would sign the VA.  The Commission voted 7-0 to support the license renewal contingent on the signing of the VA.

 

Taverna The Greek Island (We the Pizza), Lic.#ABRA-082062 CR02, 305 Pennsylvania Ave SE

Commissioner Green reported that the Committee recommends that the Commission support the renewal of the license for Taverna The Greek Island if Mr. Mendelsohn or one of the other owners sign the VA.  Commissioner Green also noted that the owners must file a trade application with ABRA in order to operate with this license as “We the Pizza.” 

 

Mr. Harvey Mendelsohn, co-owner, was present.  He stated that he will apply for the name change and has changed his mind and now wants to eliminate the existing Entertainment Endorsement.  (At the Committee meeting, Mr. Mendelsohn said he wanted to maintain that endorsement on the license.)

 

 

Commissioner Jarboe moved (with a second by Commissioner Green) that the Commission support renewal of the license contingent a modification changing its name and removing the Entertainment Endorsement and upon the signing of a new VA reflecting these changes.  The Commission voted 7-0 in support of the motion.

 

Banana Café and Piano Bar, Lic.#ABRA-026006 CR02, 500 8th Street SE

Commissioner Green reported that the Committee recommended that the Commission support the terms of a proposed VA to resolve the Protest the Commission had voted last month on substantial changes to this establishment’s license and to concurrently support the renewal of its license.

 

Mr. Jorge Garcia-Meiten, owner, was present.  He asked the Commission to clarify several phrases in the proposed VA, especially the requirement that the Piano Bar be “fully” soundproofed.  After some discussion, Commissioner Green recommended that the Commission strike the sentence containing the word “fully” from the document as noise is covered in Section 6 of the VA. 

 

The Chair asked if anyone was opposed to the amended Committee report language.  There being none, the Commission voted 7-0 in favor of the amended Committee recommendation. 

 

Park Cafe, Lic.#ABRA-029448 CR01, 106 13th Street SE

Commissioner Green reported that no action is required by the Commission at this time as the ABC Board has already approved a sidewalk café endorsement.  Commissioner Jarboe noted that a change to an ABC license—such as, permitting alcohol sales in a sidewalk café—that will affect the neighborhood has, in the past, been considered a “substantial change” and one that requires public notice.  This did not occur in this instance.

 

Commissioner Jarboe moved that the Commission authorize the Chair to write a letter to ABRA asking for a clear statement on the definition of “substantial change.”  Commissioner Green noted that ABRA is preparing a package of changes that will be sent in June 2010 to ANCs for comment.  Commissioner Garrison then recommended that ANC6B hold off contacting ABRA on the matter until the Commission has an opportunity to review the proposed changes.  Commissioner Jarboe withdrew his motion.

 

 

6.  Planning & Zoning Committee

 

Designation of Park Partnership for the Kim Brenegar Memorial Garden at 8th & North Carolina Avenue, SE

 

Commissioner Oldenburg reported that the Committee recommends that the Commission designate the Friends of Kim Brenegar as the Park Partnership for the Kim Brenegar Memorial Garden to be located at North Carolina Avenue and 8th Street SE. 

 

Mr. Joseph Ardizzone was present and stated he had no new information on the project. The Commission voted 7-0 in favor of the Committee recommendation.

 

HPA # 09-121, 1003 E Street, SE –  Concept rear addition and a new two-story garage, with a 2-story addition connecting garage and existing dwelling

 

Commissioner Oldenburg reported that the Committee does not have a recommendation on this application because the owner had not made any attempt to discuss the plans with abutting neighbors. 

 

Mr. Delwiche, owner, and Mr. Burak Uygur, architect were present and provided copies of letters from 1005 and 1007 E Street SE.  No letter was available from 1001 E Street SE.  Ms Gail Martin, owner of 504 10th Street SE, presented arguments to the Commission suggesting the rarity of two-story garages in Capitol Hill alleys and zoning rules regarding accessory buildings.  In addition, Ms Martin objects that occupants in the 2nd floor of the new addition will be able to look directly into the windows on the north side of her residence. 

 

Commissioner Oldenburg moved (with a second by Commissioner Jarboe) that the Commission support the historic preservation application but expresses its concern with the mass, height, and design features of the south elevation of the proposed 2-story garage structure, which will be in view from the 500 block of 10th Street SE, and ask the HPRB to have its staff work further with the applicant to modify the current design.  Commission Jarboe suggested the phrase “including consideration of the retention of the footprint of the current garage” be added at the end of the statement.  The Commission voted 5-2 in favor of the amended motion.

 

HPA # 10-235, 619 G Street, SE – Rear storage above a sub-terranean garage

 

Commissioner Oldenburg reported that the Committee has no recommendation on this matter as no one appeared at the Committee meeting to represent the application.

 

Mr. Dennis Connors, architect, was present, and explained this unusual and complicated project.  When asked, he said he was not aware whether neighbors had been consulted on the plans as he did not consider this as part of his duties as an architect. 

 

Commissioner Garrison moved (with a second by Commissioner Jarboe) that the Commission request HPRB to delay consideration of the application until adjacent neighbors have been given an opportunity to provide their views to the Commission and HPRB.  The Commission voted 7-0 in favor of the motion.

 

HPA # 10-232, 719 8th Street, SE – New rear addition with stair well to second floor and second floor roof

 

Commissioner Oldenburg reported that the Committee recommends that the Commission approve the application pending information that any affected residents have been made ware of the building plans. 

 

Mr. Neil Cruickshank, architect, was present and stated that—as the Committee had requested—he had tried to talk with residents whose 7th Street SE property backed onto the east side of the alley, across from 719 8th Street.  He spoke with one resident who did not express any concerns about the plans. 

 

Commissioner Glick expressed his concern that the Commission approve anything having to do with this building since it has been subject to prostitution raids by police several times.  The Commission voted 5-2 to approve the application.

 

HPA # 10-286, 305-307 Pennsylvania Avenue, SE – Replacement of storefront façade

 

Commissioner Oldenburg reported that the Committee recommends by a vote of 4-1 that the Commission support the application.  Ms Catherine Mendelsohn, co-owner of We the Pizza, was present and stated she had no new information on the design except that she had discussed the proposed sign and shutters with CHRS.  In response to a question from Commissioner Jarboe, Ms Mendelsohn said the sign would not be lit by neon.

 

The Commission voted 6-1 in favor of the Committee recommendation. 

 

HPA #10-265, 319 East Capitol Street SE—One story rear addition and a roof deck

 

Commissioner Oldenburg reported that the Committee recommends that the Commission request HPRB to delay its review of this application until results of a flag study are known.  If, however, the owner decides not to add the pergola atop the second floor at the rear of the structure, the Committee recommends that the Commission approve the application.

 

Mr. Frederick Taylor, architect, was present and informed the Commission that the owner was willing to move the rooftop pergola back away from the rear façade of the addition as suggested by CHRS.  He also advised the Commission that neighbors had been contacted by letters but the owner had not received any responses. 

 

Commissioner Metzger moved (with a second by Commissioner Oldenburg) that the Commission approve the application with the understanding that the 3rd floor rooftop pergola and deck will be pulled back at least 12 feet away from the rear of the dwelling.  The Commission voted 7-0 in support of the motion.

 

HPA # 10-266, 718 5th Street, SE – Rear 3rd story addition with a roof deck

 

Commissioner Oldenburg reported that the Committee recommends that the Commission delay any decision on this application, pending the results of a mock up to assure the addition is not visible from 5th Street. 

 

Ms Jennifer Fowler, architect, was present and explained that a mock up could not physically occur until after permits were issued and construction was to begin and that, when it did occur, HPO staff would be present to verify the results. 

 

Commissioner Jarboe moved (with a second by Commissioner Oldenburg) that the Commission support the application with the understanding that HPO will participate in a mock up of the roof top addition to assure it is not in view from 5th Street SE.  The Commission voted 6-1 in favor of the motion.

HPA # 10-236, 1126 I Street, SE – Concept/rooftop addition to a non-contributing building

 

Commissioner Oldenburg reported that the Committee recommends that the Commission support the application.  Ms Jennifer Fowler, architect, and the owners, Patrick and Jennifer Serfass were present.  Ms Fowler said there was no new information.

 

The Commission voted 7-0 to support the historic preservation application. 

 

BZA # 18069, 1126 I Street, SE – Special Exception to construct a rear three-story addition with a roof deck not meeting lot occupancy

 

Commissioner Oldenburg reported that the Committee recommends that the Commission support the request for a Special Exception, as long as a letter from the owner of 753 12th Street SE can be provided. 

 

Ms Jennifer Fowler, architect, and the owners, Patrick and Jennifer Serfass were present.  Ms Fowler presented a letter from the owner of 753 12th Street SE, dated May 6, 2010.

 

The Commission voted 7-0 to support the request for a Special Exception.

 

BZA # 18077, 1119 C Street, SE – Special Exception to construct a two-story rear addition to existing one-family semi-detached dwelling not meeting lot occupancy and side yard requirements

 

Commissioner Oldenburg reported that the Committee recommends that the Commission support the application for the Special Exception as long as promised letters of support are submitted.

 

Mr. David Kammerer, owner, and Mr. Kim Jones, architect, were present.  They advised the Commission that letters of support had been provided in April when the project’s HP application was approved by ANC6B. 

 

The Commission voted 7-0 to support the application for a Special Exception.

 

ZC # 10-04, Text amendment to the ANC Notification Requirements

 

Commissioner Oldenburg reported that the Committee recommends that the Commission notify the Office of Zoning that ANC6B approves of this change in notification procedures.

 

The Commission voted 7-0 to support the Committee recommendation.

 

DCRA Certificate of Use Permit, 1129 Pennsylvania Avenue, SE

 

Commissioner Oldenburg reported that the Committee recommends that the Commission

authorize the Chair to communicate to DCRA that ANC6B is opposed to the issuance of a Certificate of Use for the rear summer garden deck at 1129 Pennsylvania Avenue SE.

No representatives were present.  The Commission voted 7-0 in favor of the Committee recommendation.

 

DDOT – Installation of two-hour parking restriction (commercial area) 1300 Block of E Street, SE

 

Commissioner Oldenburg reported that the Committee recommends that the Commission request DDOT to place commercial 2-hour signs with “Zone 6 Excepted” in the areas along the north side of the block that are not currently signed and place the commercial signs suggested by DDOT only in the areas on the south side of the block that are not currently signed.

 

Some discussion ensued among Commissioners and between Commissioners and affected residents and a business owner present, especially in clarifying new signage. 

 

Commissioner Oldenburg presented a motion in the nature of a substitute to the Committee report, which was seconded by Commissioner Hill, and reads as follows: The Commission generally supports the proposal by DDOT to install 2-hour parking restrictions in the commercial use areas along the 1300 block of E Street SE.  The Commission, however, recommends the following modifications to the DDOT proposal: (1) Make the 2-hour parking along the middle of the north side of the block adjacent to the Safeway parking lot available to residents to park as well by adding to the signs the phrase, “Zone  6 Permit Holders Exempted;” (2) Install missing RPP signs on the north side of the block; (3) Retain the loading zone at the west end of the block, north side; and (4) Add to the signs the hours during which the parking limitations are in force (namely “7:00 AM – 8:30 PM, Monday-Friday”).

 

The Commission voted 7-0 in favor of the motion.

 

PS # 54722, 1353 E Street, SE – Proposed curb cut/driveway 13’ x 24’

 

Commissioner Oldenburg reported that the Committee makes no recommendation on this public space application pending further examination by the Commission of relevant facts and circumstances.

 

After some discussion with neighbors present and Mr. Charles Pipkin, owner of the property, Commissioner Hill moved (with a second by Commissioner Glick) that the Commission support the application for a curb cut.  The Commission voted 4-1 with 2 abstentions in support of the motion.  Commissioner Metzger voted against the motion.

 

8.  Eastern Market Report

 

Commissioner Garrison thanked Commissioner Glick for attending the April 28, 2010, meeting when neither Commissioners Jarboe nor Metzger were able to do so.  Commissioner Click had circulated a report of the meeting to all Commissioners.  Because of the late hour, Commissioner Garrison dispensed with the reading or summary of the Eastern Market Report, a copy of which is attached.

 

9.  Quarterly Financial Report

Commissioner Green moved (with a second by Commissioner Glick) that the Commission approve the Financial Report covering the Second Quarter, January-March 2010.  Commissioner Green noted that the District Allotment had not yet been received but was expected soon.  A total of $15,144.41 was expended during the quarter, including office rent of $5,400.00, leaving a balance of $57,096.71. 

 

10.  Adjournment

 

The meeting was adjourned at 10:50 pm.

 

Prepared by Kirsten Oldenburg            Attest:                                      _____________ .

 

 

 

Attachments:

Agenda, as adopted

ABC Committee Report

Planning & Zoning Committee Report

Eastern Market Report

Financial Report

 


Meeting Agenda

Location: 535 8th Street, SE

The People’s Church

May 11, 2010 – 7:00 PM

 

Agenda

 

1.   Adoption of Agenda

2.   Community Speakout

3.    Community and Commission Announcements

4.   Presentation

·        U.S. Dream Academy Learning Center Mentoring Partnership – CJ Cross, Mentor Coordinator

5.   ABC Committee

(These items will also be considered by the ABC Committee on May 6, 2010 at the new meeting location: Southeast Neighborhood Library at 407 7th Street, SE.  Please use the first floor entrance on D Street, SE, next to the CVS Store

 

Renewal of license

·        Zest Bistro, Lic. # ABRA-082432, CR, 735 8th Street, SE

·        La Plaza Mexican Restaurant, Lic. # ABRA-060614, CR 01, 629 Pennsylvania Avenue, SE

·        Belga Café, Lic. # ABRA-60779, CR 01, 514 8th Street, SE

·        Tortilla Coast, Lic. # ABRA-023567, CR 02, 400 1st Street, SE

·        Sanphan Thai Cuisine, Lic. # ABRA-080550, CR 01, 653 Pennsylvania Avenue, SE

·        Mr. Henry’s, Lic. # ABRA-000259, CR 02, 601 Pennsylvania Avenue, SE

·        Capitol Hill Tandor and Grill, Lic. # ABRA-060689, CR 01, 419 8th Street, SE

·        La Lomita Restaurant, Lic.# ABRA-016357, CR 01, 1330 Pennsylvania Avenue, SE

·        Montmarte, Lic. # ABRA-060422, CR 01, 327 7th Street, SE

·        Sizzling Express, Lic. # ABRA-026739, CR 01, 600 Pennsylvania Avenue, SE

·        Cosi Breakfast, Lunch, Dinner, Dessert & Catering, Lic. # ABRA-070960, CR 01, 301 Pennsylvania Avenue, SE

·        Banana Café And Piano Bar, Lic. # ABRA-026006, CR 02, 500 8th Street, SE

and Substantial Change proposed Voluntary Agreement

·        The Ugly Mug Dining Saloon, Lic. # ABRA-071793, CR 02, 723 8th Street, SE

·        Molly Malone’s, Lic. # ABRA-081089, CR 02, 713 8th Street, SE

·        Taverna The Greek Island (We the Pizza), Lic. # ABRA-082062, CR 02, 305 Pennsylvania Avenue, SE

 

Substantial Change

·        Park Café, Lic. # ABRA-029448, CR 01, 106 13th Street, SE, Sidewalk Café – 6 seats

o       Hours Sunday thru Thursday           11:00 a.m. to 10:30 p.m.

                 Friday thru Saturday              9:30 a.m. to 11:00 p.m.

6.  Planning and Zoning Committee

(These items will also be considered by the P & Z Committee on May 4, 2010)

 

·        Designation of Park Partnership for the Kim Brenegar Memorial Garden at 8th & North Carolina Avenue, SE

·        HPA # 09-121, 1003 E Street, SE –  Concept rear addition and a new two-story garage consisting of demolition of one-story porch, 1-story storage/garage and breezeway being replaced with a 2-story addition with connection to existing house and open court between new and old structures

·        HPA # 10-235, 619 G Street, SE – Rear storage above a sub-terranean garage

·        HPA # 10-232, 719 8th Street, SE –A new rear with stair well to the second floor and second floor roof

·        HPA # 10-286, 305-307 Pennsylvania Avenue, SE – Replacement of storefront façade

·        HPA # 10-265, 319 East Capitol Street, SE – One-story rear addition and a roof deck

·        HPA # 10-266, 718 5th Street, SE – Rear 3rd story addition with a roof deck

·        HPA # 10-263, 1126 I Street, SE – Concept/rooftop addition to a non-contributing building

·        BZA # 18069, 1126 I Street, SE – Special Exception to construct a rear three-story addition with a roof deck not meeting lot occupancy

·        BZA # 18077, 1119 C Street, SE – Special Exception to construct a two-story rear addition to existing one-family semi-detached dwelling not meeting lot occupancy, side yard requirements, and nonconforming structure

·        ZC # 10-04, Text amendment – ANC Notification Use of Electronic Mail

·        DCRA Certificate of Use Permit, 1129 Pennsylvania Avenue, SE

·        DDOT – Installation of two-hour parking restriction (commercial area) 1300 Block of E Street, SE

·        PS # 54722, 1353 E Street, SE – Proposed curb cut/driveway 13’ x 24’

7.    Eastern Market Report

8.      Quarterly Financial Report

          9.     Adjournment

 

 

NOTE:  Late-Breaking ABC, BZA, 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: June 8, 2010


ABC COMMITTEE

Southwest Neighborhood Library

407 7th Street, SE

Report and Recommendations

May 6, 2010

 

Commissioners in attendance: Attending, Commissioners Carol Green (chairing), Dave Garrison, Kirsten Oldenburg, Will Hill and Bert Randolph, Executive Assistant

 

 

The ABC license for each of the following restaurants is up for renewal; however, no one attended the ABC meeting to represent these establishments...  There was no community opposition; therefore, the Committee recommends the ANC take no position on their license renewal.

 

La Plaza Mexican Restaurant, Lic. # ABRA-060614, CR 01, 629 Pennsylvania Avenue, SE

Tortilla Coast, Lic. # ABRA-023567, CR 02, 400 1st Street, SE

La Lomita Restaurant, Lic.# ABRA-016357, CR 01, 1330 Pennsylvania Avenue, SE

Montmarte, Lic. # ABRA-060422, CR 01, 327 7th Street, SE

Cosi Breakfast, Lunch, Dinner, Dessert & Catering, Lic. # ABRA-070960, CR 01, 301 Penn SE

Sanphan Thai Cuisine, Lic. # ABRA-080550, CR 01, 653 Pennsylvania Avenue, SE.  Teerarat Panitansiikal appeared to ask for renewal of his license without changes, although he plans to apply for a sidewalk café in the near future.  The Committee recommends the ANC support the license renewal, contingent on a signed Voluntary Agreement.

 

The ABC license for the following restaurants is up for renewal; however, no one attended the ABC meeting to represent these establishments.  There was one community member who complained about the noise emanating from these two restaurants:

 

The Ugly Mug Dining Saloon, Lic. # ABRA-071793, CR 02, 723 8th Street, SE

Molly Malone’s, Lic. # ABRA-081089, CR 02, 713 8th Street, SE

 

Lacking further information, the Committee recommends the ANC take no position on these two establishments.

 

Appearing for Belga Café, Lic. # ABRA-60779, CR 01, 514 8th Street, SE, Bert Vandaele stated they wish to renew the license with no changes.  The Committee recommends the ANC support the license renewal, contingent on a signed Voluntary Agreement.

 

Mr. Henry’s, Lic. # ABRA-000259, CR 02, 601 Pennsylvania Avenue, SE.   Alvin Ross appeared to ask for his license renewal with no changes.  The Committee recommends the ANC support the license renewal, contingent on a signed Voluntary Agreement.

 

Owner Amanda Briggs appeared for Zest Bistro, Lic. # ABRA-082432, CR, 735 8th Street, SE.  The restaurant has only been open a few months, and there are no changes to the current operation.  The Committee recommends the ANC support the renewal if the owner signs a Voluntary Agreement.

 

Appearing for the owner of Capitol Hill Tandoor and Grill, Lic. # ABRA-060689, CR 01, 419 8th Street, SE, Amir Abbsi said the owner was unable to attend the ABC meeting due to an emergency, but expects to be at the ANC meeting.  With no changes requested and pending the signing of a VA, the Committee recommends the ANC support the renewal.

 

Sizzling Express, Lic. # ABRA-026739, CR 01, 600 Pennsylvania Avenue, SE. 

 

Gary Hang attended the meeting to ask for his renewal without changes.  The Committee recommends the ANC support the renewal if the owner signs a VA...

 

Banana Café And Piano Bar, Lic. # ABRA-026006, CR 02, 500 8th Street, SE.

 

Jorge Garcia-Meiten, owner, attended.  Last month the ANC voted to protest Mr. Garcia-Meiten’s request for a substantial change to expand the outdoor seating area and increase the hours of operation.  The owner and members of this Committee have worked together to reach consent on a VA that allows longer hours of operation, but controls the noise and also designates one exit for emergency use only.  The Committee recommends the ANC support the terms of the VA to resolve the Protest, and concurrently support the license renewal, contingent on Mr. Garcia-Meiten signing the VA.

 

 

Taverna The Greek Island (We the Pizza), Lic. # ABRA-082062, CR 02, 305 Pennsylvania Avenue, SE

 

Harvey Mendelsohn, owner, was in attendance to ask for renewal of the license he purchased from Taverna the Greek Island.  The license has an entertainment endorsement, and although Mr. Mendelsohn says there will be no entertainment, he wants to keep the endorsement. The Committee recommends the ANC support the renewal if Mr. Mendelsohn or one of the other owners signs the VA.

 

 

Substantial Change

Park Café, Lic. # ABRA-029448, CR 01, 106 13th Street, SE, Sidewalk Café

 

Alcione Vinet, owner, asked the Committee to approve his request for a sidewalk café.  Further inquiry revealed that the ABC Board has already approved the sidewalk café license, so no action is required by the ANC at this time.

 

 

 

 


Report of the Planning & Zoning Committee

The Peoples Church

535 8th Street, SE

May 6, 2010

7:00 pm

 

Commissioners Present: David Garrison, Carol Green, Ken Jarboe, Norman Metzger, Kirsten Oldenburg (chairing); Bert Randolph, Staff Assistant

 

 

Designation of Park Partnership for the Kim Brenegar Memorial Garden at 8th & North Carolina Avenue, SE

 

Mr. Joseph Ardizzone presented plans to install a Kim Brenegar Memorial Garden on Capitol Hill at 8th & North Carolina Avenue SE.  Before she died tragically in Fall 2009, Ms Brenegar owned for many years The Ornamental Garden, a well regarded landscaping business on the Hill.  Mr. Ardizzone provided the Committee with detailed information on the proposed garden including a list of key individuals involved, history of the triangle park, general plan for its improvement, and a maintenance plan.  The group will be raising funds to cover the installation and long term maintenance costs. 

 

Commissioner Garrison suggested that Mr. Bill Phillips, who heads up the Friends of Garfield Park, could be a valuable resource for the Friends of Kim Brenegar group as it forms and begins fund raising.

 

The Committee recommends that the Commission designate the Friends of Kim Brenegar as the Park Partnership for the Kim Brenegar Memorial Garden and to convey confirmation of this designation to the Department of Parks and Recreation. 

 

HPA # 09-121, 1003 E Street, SE –  Concept rear addition and a new two-story garage, with a 2-story addition connecting garage and existing dwelling

 

Mr. Charles Delwiche, owner, and Mr. Burak Uygur, architect, presented plans to build a two-story, two-car garage at the rear of the property with a two-story narrow connection to the existing two-story, semi-detached single family dwelling, creating an open patio in the center of the property.  Plans will require the demolition of the existing one-story garage and a sunroom.  The footprint of the new garage will extend about 4 feet further south than the existing garage.  The existing side court of about 3 feet by 28 feet will remain.  The residential property lies within a commercial zone (CHC-C-2-A).

 

Mr. Delwiche’s lot is an unusual T shape.  The portion facing on E Street SE, containing the existing structures, is about 80 feet by 23 feet.  At the rear, the property is about 20 feet by 58 feet.  It extends from 10th Street, between the rear of 1001 E Street SE and the north side of 504 E Street SE and behind 1005 E Street SE.  This part of the lot is an easement and thus contains no structures.  However, this section provides the 20 foot rear yard requirement and may keep the lot coverage under 60 percent (but not 40 percent) when the new structures are built.[1]

 

The owner and architect have discussed the plans with the HP office and there is some disagreement about whether the narrow interior connection section of the new structure ought to be one or two stories.  However, the new two-story garage will be visible from 10th Street.  The rear wall of the garage will be brick veneer and contain a garage door, entry door on the first level and four double hung windows on the second level. 

 

The owner had not discussed his plans with any neighbors prior to the meeting.  One neighbor—Ms Gail Martin (504 10th Street SE)—attended the Committee meeting.  She is concerned about whether there will be sufficient turning radius for the two vehicles once the garage is extended 4 feet to the edge of the easement and what the requirements would be for Mr. Delwiche to use the planned studio on the 2nd floor of the garage as a rental unit.   The Committee asked Mr. Delwiche to discuss his plans with the other neighbors (1001 and 1005 E Street SE) and provide proof of doing so at the Commission’s regular monthly meeting on May 11, 2010. 

 

Because of a lack of complete information, the Committee does not have a recommendation on this case. 

 

HPA # 10-235, 619 G Street, SE – Rear storage above a sub-terranean garage

 

No representative of the application appeared at the meeting; thus, the Committee has no recommendation on the historic preservation application itself.  However, the Committee recommends that if no representative appears at its regular monthly meeting on May 11, 2010, the Commission request HPRB to delay its review of the application until such time as the Commission has had an opportunity to properly review the application.

 

HPA # 10-232, 719 8th Street, SE – New rear addition with stair well to second floor and second floor roof

 

Mr. Neil Cruickshank, architect, presented plans to build a two-story addition on the rear of the existing 97 feet long by 21 feet wide building by extending 12 feet to the property line.  A new stair well will be added with the addition that will lead to enlarged office space on the second floor and provide rear access across a new roof deck atop the second floor roof to the existing 50 by 21 feet apartment situated at the 8th Street side of the building.   

 

The interior of the second floor will be renovated to provide a series of office cubicles.  The existing space will be enlarged by extending the south exterior wall on the second floor to eliminate a 47 foot by 7.2 foot side court that currently exists towards the rear of the building.  Mr. Cruickshank indicated that there were no zoning issues. 

 

There are no plans to change the front façade of the building.  The new rear wall will be painted cement stucco on the first and second level.  It will have two doors on the first level; one set of double doors for access to the retail tenant space and a single door to the stair well. 

 

Mr. Cruickshank did not know whether the apartment would be a rental unit or be occupied by the building owner, Ms Yunqiu Wendy Zhang.  The Committee asked Mr. Cruickshank to discuss the plans with any residential neighbors across the rear alley.  

 

The Committee recommends that the Commission approve the application pending proof that any affected residents have been made aware of the building plans.

 

HPA # 10-286, 305-307 Pennsylvania Avenue, SE – Replacement of storefront façade

 

Ms Catherine Mendelsohn, co-owner of We The Pizza, presented plans to alter the façade of buildings at 305 and 307 Pennsylvania Ave SE.  The Mendelsolns have purchased the buildings, which previously housed Taverna The Greek Islands restaurant, along with its ABC license.  The new owners plan to open a pizza, sandwich, and pasta restaurant in the buildings. 

 

The owners have been in discussion with the HP office about the façade changes.  Currently #305 has a bay multi-pane window with an entrance door flush with the building wall and #307 has a flat front multi-pane window and a door.  Existing cornice over the #305 window is rotting.  Plans are to replace #305’s single bay and multi-pane windows and the door on the left side with two smaller bays with double doors between them.  For #307, door and window are replaced with a triple window set flush with the wall and added cornice matching that on #305.  Shutters are to be added to the upper four windows, brick front to be painted light grey.  “We, The Pizza” red lettering will be centered above both front windows on a strip of brick painted white.  Original cornice at the second floor roof edge will remain.

 

The Committee recommends by a vote of 4-1 that the Commission support the application. 

 

HPA #10-265, 319 East Capitol Street SE—One story rear addition and a roof deck

 

Mr. Frederick Taylor, architect, presented plans to add an approximate 15 by 11 foot one story addition to the rear of the existing single family dwelling and a roof deck (approximately 15 by 35 feet) atop the existing second floor roof.

 

Demolition of the existing rear wall on the first floor is planned to enlarge the existing kitchen.  There will be a deck atop the first floor addition roof and a pergola at the rear of the new second floor deck.  The Committee is concerned about the pergola being in view from 4th Street SE and would like to see the results of a flag study.

 

The Committee recommends that the Commission request HPRB to delay its review of this application until results of a flag study are known.  If, however, the owner decides not to add the pergola atop the second floor at the rear of the structure, the Committee recommends that the Commission approve the application.

 

HPA # 10-266, 718 5th Street, SE – Rear 3rd story addition with a roof deck

 

Mr. Mike Fowler, architect, presented plans to add an addition (approximately 300 sq feet) at the rear of the existing second story roof with a 5 by 14 ½ foot deck in front of the addition, set back about 8 ½ feet from the front.  The existing structure is a two-unit residential building, and the 3rd story addition will add a master suite to the second floor unit.  The suite will be accessed by a spiral stairway from the existing living room. 

 

This residential building is one of a group of similar houses along the block.  The Committee expressed concern about the view of the addition and deck from 5th Street, especially considering the uniformity of the houses on the block.  Mr. Fowler informed the Committee that the HP office has requested that a mock up be installed to test the view.

 

The Committee recommends that the Commission delay any decision on this application, pending the results of the mock up.

 

HPA # 10-236, 1126 I Street, SE – Concept/rooftop addition to a non-contributing building

BZA # 18069, 1126 I Street, SE – Special Exception to construct a rear three-story addition with a roof deck not meeting lot occupancy

 

Mr. Mike Fowler, architect, presented plans to convert a corner two-unit residential building into a single family dwelling.  Currently this non-contributing, 3-story building has a rental unit in the first floor with an entrance on 12th Street SE.  An entrance on I Street SE leads upstairs to a two-story unit on the 2nd and 3rd floors. 

 

A new 3-story addition will extend the rear of the building about 7 ½ feet, creating a rear yard 20 feet deep.  An existing shed at the rear of the property will be demolished as will numerous interior walls on all floors and the rear exterior wall.  A roof deck (approximately 21 by 14 feet) will be constructed on the rear portion of the building.  Plans include adding a mansard roof with dormer windows on the south, east, and north sides of the building to complement those of the residences along the 700 block of 12th Street SE.  Along the deck portions of the roof, the mansard serves somewhat as a parapet.  The west facing exterior wall will be CMU, parged and painted; the new rear wall will be brick to match the existing east and south walls. 

 

The owners are asking BZA for a special exception under 11 DCMR Section 223 because the new addition will change the lot occupancy from 63.1 percent (877.7 sq ft) to 69.0 percent (960.2 sq ft).  The owners argue that neither light and air available to neighbors nor privacy will be unduly affected since the new addition extends only 9 inches past the one-story rear addition of 1124 I Street SE and the side wall of 753 12th Street SE is on the property line and thus has no windows.  A letter citing no objections from the owner of 1124 I Street SE, as well as others along this block were provided to the Committee.  Mr. Fowler said there has been a difficulty in obtaining a letter from the owner of 753 12th Street SE because of her availability but thought the letter would be available at the Commission’s May 11, 2010, meeting.

 

The Committee recommends that the Commission support the historic preservation application.  The Committee recommends that the Commission support the request for a Special Exception, as long as a letter from the owner of 753 12th Street SE can be provided.

 

 

BZA # 18077, 1119 C Street, SE – Special Exception to construct a two-story rear addition to existing one-family semi-detached dwelling not meeting lot occupancy and side yard requirements

 

Mr. David Kammerer, owner, and Mr. Kim Jones, architect, presented the rationale for their request that BZA grant a Special Exception to enable construction of an addition to the existing single family, semi-detached dwelling not meeting lot occupancy.  The Committee and Commission had reviewed the plans under the historic preservation application during its April 2010 meetings and had voted to support that application.

 

The proposed addition will increase the lot occupancy from 46.4 percent to 57.9 percent.  As a semi-detached dwelling in an R-4 zone, the allowable lot occupancy is 40 percent.  Thus, the existing structure is nonconforming.  In addition, the side yard is only 3 feet 3 inches wide.  The rear yard will decrease from 33 feet to 21.4 feet, within the 20 feet minimum.

 

The Committee feels that light and air to neighboring properties and their privacy will not be unduly affected.  The addition will extend only 3 ft 8 in beyond the neighbor to the east and be aligned with the rear extent of the west neighbor.  In addition, both neighboring houses have setbacks along the side rear, extending the distances between side windows.  Letters of support from both neighbors will be provided to the Commission at its May 11, 2010, meeting.

 

The Committee notes that the Commission normally approves lot occupancy up to 70 percent for residences in R-4 zones, including semi-detached dwellings.  The Committee recommends that the Commission support the application for a Special Exception as long as the promised letters of support are submitted.

 

ZC # 10-04, Text amendment to the ANC Notification Requirements

 

The Office of Zoning has proposed a text amendment that would authorize the use of electronic mail for providing required notices concerning zoning applications to affected ANCs, the affected SMD, and the Office of Advisory Neighborhood Commissions.  The default option shall be transmission by first-class mail until a recipient agrees in writing to receive electronic mail notifications. 

 

The Committee recommends that the Commission notify the Office of Zoning that ANC6B approves of this change in notification procedures before the May 27, 2010, hearing on the matter.

 

DCRA Certificate of Use Permit, 1129 Pennsylvania Avenue, SE

 

Shortly before its May 4, 2010, meeting, Committee members discovered that Mr. Mahmoud Abdalla, owner of buildings at 1123 and 1129 Pennsylvania Avenue SE was pursuing the granting of a DCRA Certificate of Use Permit for the summer garden deck at the rear of the buildings in conjunction with the pending opening of a new restaurant at 1129 Pennsylvania Avenue.  The Commission wrote to Mr. Abdalla on April 30, 2010, to inform him that the Commission would take up this matter at its May meetings. 

 

Mr. Abdalla was present at the Committee meeting, accompanied by Ms Sheba Major, the owner’s agent.  After some confusing exchanges, Ms Major explained that she had not yet submitted the permit request to DCRA but had only obtained the application.  It became clear that Ms Major had not been apprised of the long-standing problems that exist between the property owner and neighbors.

 

Several neighbors present complained about the unauthorized nature of the building of this deck several years ago.  Ms Sheila Fleishall stated several reasons why the neighborhood would be opposed to the use of the deck, including the noise that patrons would generate into the backyards of residences on the Square, the rat haven that would result from food dropping through the cracks in the decking material, and the lights that could disturb residents.

 

The Committee recommends that the Commission authorize the Chair to communicate to DCRA that ANC6B is opposed to the issuance of a Certificate of Use for the rear summer garden deck at 1129 Pennsylvania Avenue SE.

 

DDOT – Installation of two-hour parking restriction (commercial area) 1300 Block of E Street, SE

 

The Commission received a letter from DDOT, dated April 13, 2010, regarding plans to install 2-hour commercial parking restrictions in the commercial use areas of the 1300 block of E Street SE.  These areas are currently unrestricted, allowing for unlimited parking by anyone.  Under the DDOT plan, the loading zone on the north side of the street near the corner of 13th Street SE would also gain 2-hour commercial parking signs.  The limited hours for all newly posted areas would be effective Monday-Friday, 7:00AM to 8:30PM. 

 

Officer Chesley of MPD’s PSA 107 was present to explain the parking problems he has witnessed in the area.  It was Officer Chesley’s endeavors to assist residents and businesses that led to the DDOT decision to add parking signs.  Also present at the meeting were several residents of the block.  All spoke about extensive double parking and an increased volume of truck parking making it difficult for residents themselves to park and maneuver along the block.

 

The Committee recommends that the Commission request DDOT to place commercial 2-hour signs with “Zone 6 Excepted” in the areas along the north side of the block that are not currently signed and place the commercial signs suggested by DDOT only in the areas on the south side of the block that are not currently signed.

 

PS # 54722, 1353 E Street, SE – Proposed curb cut/driveway 13’ x 24’

 

Mr. Charles Pipkin, owner of Signature Collison located at 1353 E Street SE, presented his case for obtaining a curb cut in front of his commercial facility.  Signature operates a car repair and rental facility out of this lot.  DC government apparently approved commercial usage of the property without being aware the lot had no E Street vehicle access.  Without a curb cut on E Street, current practice is to drive vehicles illegally at an angle across the sidewalk using the curb cut in front of the lot belonging to Bowie Inc. next door. 

 

The Committee makes no recommendation on this public space application pending further examination by the Commission of relevant facts and circumstances.


EMCAC Report April 28, 2010

Neil Glick ANC 6B08

 

Bought 3 domain names for Eastern Market.

 

Ellen Opper Winer was the listed contact for registering the websites as Ellen Opper Winer - EMCAC. After her departure from EMCAC, she refused to relinquish control of the domain names and reregistered them under her name alone. Currently EMCAC cannot update website now because Opper-Winer controls the domain.

 

In response to this, EMCAC opened a new domain name now which is www.easternmarket-dc.com which has updated information.

 

Vendors are still waiting for leases and vendor rep requests that all vendors get leases at same time.  Leases were requested to DRES over 30 days ago and are due in less than 30 days according to an EMCAC resolution at a prior meeting. Bill of Union Meat Co.  says vendors have been waiting for 10 years for a lease.

 

EMCAC is creating guidelines for the management for the proposed information table at Eastern Market.

 

Regarding outdoor vendors that were here between 1997-1999, they have right of first refusal on getting assigned space. Later vendors will have to go through a process to get a lease, and new vendors will go through a jury process and go through a probationary period before a formal lease is signed. As part of formalizing spaces and leases, EMCAC has requested  information from the vendors are being documented and codified. The information being requested would be used for promotion on websites and the like. The vendor forms are due on May 1st. Some vendors are concerned about the fact that some of this information is proprietary and vendors are not willing to disclose everything that is requested. Barry only requested this information from the 7th Street vendors and not the other vendors.  There is a question that the collection of information us not uniform as of yet. The Committee voted to suspend the due date until tenants council, market management and application advisory committee can formally meet and sort all of this out.

 

Hosting the Consumer Electronic Assoc. Paid for the space and contributed $25,000 worth of electric and wireless infrastructure to the North Hall and Eastern Market.

 

There is a safety issue with metal bars at the wheel stops and they need to be removed as it is a safety issue.  The Protective Services Division keeps wrongly ticketing customers parking in the alley. They are going out of their way to ticket cars at times.  PSD will be invited to participate in meetings and learn about practical issues of the market.

 

There will be a celebration of the first anniversary of the reopening of EM.  Details at the next EMCAC meeting!

 

Next meeting is June 2nd.


 

PERIOD COVERED: January-March 2010

  ANC: 6B

 

 

 

 

       SUMMARY OF RECEIPTS AND DISBURSEMENTS

 

 

 

 

 

BALANCE FORWARD (from "ending balance" of previous Quarterly Report):

$72,235.51

 

 

 

RECEIPTS:

 

 

District Allotment

$0.00

 

Interest

$5.61

 

Other (e.g. cancel stale checks)

$0.00

 

Transfer from Savings

$0.00

 

                Total Receipts

 

$5.61

 

 

 

                Total Funds Available

 

$72,241.12

 

 

 

1. Net Salary and Wages

$5,689.80

 

2. Workers Compensation

$0.00

 

3. Insurance:

 

 

     A. Health

$0.00

 

     B. Casualty/Property

$0.00

 

4. Total Federal Wages Taxes

$1,440.34

 

5. State (DC, MD, VA) Wage Taxes Paid

$763.00

 

6. Unemployment Insurance Contributions

$0.00

 

7. Tax Penalties Paid

$0.00

 

8. Local Transportation

$0.00

 

9. Office Rent

$5,400.00

 

10. Telephone Services

$732.53

 

11. Postage and Delivery

$8.48

 

12. Utilities

$0.00

 

13. Printing and Copying

$0.00

 

14. Flyer Distribution

$0.00

 

15. Purchase of Service

$353.47

 

16. Office Supplies

$515.79

 

17. Office Equipment: A. Rental

$0.00

 

     B. Purchase

$0.00

 

18. Grants

$0.00

 

19. Training

$0.00

 

20. Petty Cash Reimbursement

$0.00

 

21. Transfer(s) to Savings Account

$0.00

 

22. Bank Charges

$0.00

 

23. Other (Attach explanation)

$241.00

 

 

 

 

                        Total Disbursements

 

$15,144.41

 

 

 

ENDING BALANCE (Should agree with checkbook balance at end of period)

$57,096.71

 

 

 

 

 

 

  Certification:

 

 

I hereby certify that this quarterly financial report was approved by a majority of Commissioners         (vote:                ) on                during a public meeting in which there existed a quorum.

 

 

 

_____________________________________________________________________________________

  Secretary                          Chairperson                              Treasurer

 

 



[1] Estimate:  The lot is 3,000 sq ft.  60% coverage would be 1,800 sq ft and 40% = 1,200 sq ft.  Footprint of new structure is 1,840 sq ft – side court (84 sq ft) – interior court (315 sq ft) = 1,441 sq ft.