Advisory Neighborhood
Commission 6B
Regular Meeting
Minutes
Commissioners Present: Francis Campbell, Jared
Critchfield, Brian Flahaven, Ivan Frishberg, David Garrison, Neil Glick (Chairing),
Carol Green, Kirsten Oldenburg, Brian Pate.
Also present:
1.
Adoption
of Agenda
After Commissioner Frishberg requested an addition to the
agenda of discussing antennae installation on the rooftop of
2.
Community
Speakout
Commissioner Glick thanked Bishop Scott Parker of The Church
of Jesus Christ of Latter-day Saints for hosting the ANC meetings over several
months.
3.
Community
and Commission Announcements
Commissioner Glick announced an opening in Single Member
District 6B11 (the DC Jail). Commissioner Oldenburg announced meetings of the
Transportation Committee will be May 31 and June 16 at the Southeast
Library. Commissioner Oldenburg also
announced that Commissioner Garrison will serve as the Committee Vice Chair.
Commissioner Critchfield announced the 34th
Annual Peterbug Day with a parade starting at
Congressional Cemetery and events, live music, and food at 13th and
E Streets, SE throughout the day on Saturday, May 21.
4.
Presentations
Mark Batterson, Lead
Pastor,
5. Consent Agenda
After a motion by Commissioner Flahaven (and a second by
Commissioner Pate), the consent agenda was approved by a vote of 9-0.
ABC Committee
·
Roland’s of Capitol Hill – 333
P&Z -
BZA Cases
·
BZA # 18213, 1317 East Capitol
Street, SE – Special Exception or Variance to extend the existing deck in
the rear
·
BZA # 18218, 1426 K Street, SE
– Variance from lot occupancy, court, and alley centerline setback to allow
construction of accessory garage addition serving an existing row dwelling in
R-4 District
·
BZA # 18221, 123 – 10th
Street, SE – Special exception to allow a side addition to an existing
one-family row dwelling not meeting lot occupancy, court, and non-conforming
structure requirements in R-4 District
· Approval of Commission Minutes for
April 12 and 26 meetings
6. ANC 6B Redistricting
Resolution
Commissioner Glick thanked Commissioners Flahaven and
Campbell for their testimony on redistricting.
Commissioner Critchfield moved (with a second from Commissioner Pate)
that the Redistricting Resolution adopted by the Executive Committee in a 7-0
vote on April 26 be adopted by the ANC.
The motion passed 9-0.
Commissioner Flahaven moved (with a second from Commissioner Campbell) that
he be authorized to testify for the Commission at the redistricting hearing,
affirming the 7-0 Executive Committee resolution of April 26. The motion passed
9-0.
7. ABC Committee
DC-3 – 423 8th
Street, SE, ABRA-086701, New restaurant
specializing in hot dogs. No
entertainment. Setting
capacity of 30. New license.
The Commission voted 8-0 (Commissioner Glick recused himself) to support the CD license for sales of
beer only, with a new Voluntary Agreement.
The Commission voted 8-0 (Commissioner Glick recused
himself) to support the stipulated license.
S & J Liquors –
The Commission voted 8-0
(Commissioner Campbell abstained) to oppose the application. Commissioner Garrison moved (with a second
from Commissioner Frishberg) that the Chair is authorized to send ANC
representatives to appear before the ABC (Alcoholic Beverage Control) Board on
this case. The motion passed 9-0.
8. Planning and Zoning Committee
PS # ?????,
Stephen Cheung appeared
before the Commission and requested support for the use of public space. He agreed to amend his Voluntary Agreement to
reflect the additional, outdoor seating and hours, if needed, and will work
with ABC Chair Commissioner Green on this issue. Commissioner Frishberg moved
(with a second from Commissioner Campbell) to support the request. The motion passed 8-0 (Commissioner Glick abstained).
BZA # 18222, 1237 – 1239 C Street, SE, Variances
from the alley width requirements, and alley lot building requirements to allow
the conversion of a vacant warehouse building to a one-family dwelling in R-4
District.
Neither the
applicant, Danielle Dubois, nor architect Jeff Goins, attended the
meeting. Karen Zareski, Anita Glick, and Mike Lawson
all spoke against the variance requests and noted an additional opposing letter
from the owners of
HPA #
Commissioner Frishberg
proposed (with a second from Commissioner Green) that a letter be sent to the
HPRB (Historic Preservation Review Board) stating the following: “given that
ANC6B was not informed by the Historic Preservation Office of HPA case #11-244
(801 Pennsylvania Avenue, SE rooftop antennas) in time and with sufficient
information to properly provide notice to the affected community about the
case, the Commission is opposed to the application and requests that the
Historic Preservation Review Board delay its consideration of the case until
its June 30, 2011 meeting. With this delay, the Commission will be able
to properly notify the community about the case prior to its review on June 7
and
9. Eastern Market Report
Commissioner Pate was unable to
attend the EMCAC (Eastern Market Community Advisory Committee) meeting due to
the ANC Special Call meeting, but provided an update that there is a plan in
place for Washington Gas to correct the 7th Street leaks, that the
recent financial projects for the Market are better than expected, that the use
of city funds for expenses not related to the Market are being investigated,
and that the “Top Chef” television show will visit Eastern Market at the end of
May.
10. Quarterly Financial
Report
Commissioner Green moved (with a second from Commissioner
Flahaven) to accept the Treasurer’s report.
The motion passed 9-0.
11. Letter
of Commendation – Commander Kamperin
Commissioner Glick moved (with a second from Commissioner
Green) that a letter of commendation be sent to Commander Kamperin
of MPD (Metropolitan Police Department) upon his retirement later this
month. The motion passed 9-0.
12. Adjournment
The meeting adjourned at 8:32 p.m.
Attest: Andrew Jared Critchfield, Secretary
__________________________________________
Attachments:
Agenda, as adopted
Resolution – Redistricting
ABC Committee Report
Planning & Zoning Committee Report
Quarterly Financial Report
Meeting Agenda
(The
Agenda
1. Adoption
of Agenda
2. Community
Speakout
3. Community
and Commission Announcements
4. Presentations
– 4 minutes maximum time each
·
The
5. Consent
Agenda*
ABC - Change to license
·
Roland’s of Capitol Hill –
P&Z -
BZA Cases
·
BZA
·
BZA # 18218, 1426 K Street, SE – Variance from
lot occupancy, court, and alley centerline setback to allow construction of
accessory garage addition serving an existing row dwelling in R-4 District
·
BZA # 18221, 123 – 10th Street, SE –
Special exception to allow a side addition to an existing one-family row
dwelling not meeting lot occupancy, court, and non-conforming structure
requirements in R-4 District
Minutes
·
Approval of Commission Minutes
6. ANC
6B Redistricting Resolution
7. ABC
Committee
(These items will also be
considered by the ABC Committee on May 5, 2011 at the Southeast
Neighborhood Library at
ABC - New License
·
DC-3 – 423 8th Street, SE,
ABRA-086701, New restaurant specializing in hot dogs. No entertainment. Setting capacity of 30
Change to license
·
S & J Liquors –
8. Planning
and Zoning Committee
·
PS # ?????,
·
BZA # 18222, 1237 – 1239 C Street, SE –
Variances from the alley width requirements, and alley lot building
requirements to allow the conversion of a vacant warehouse building to a
one-family dwelling in R-4 District
·
HPA #
9. Eastern Market Report
10. Quarterly Financial Report
11. Adjournment
* All ABC & BZA cases
on the consent agenda have been fully discussed at the appropriate monthly
committee meeting. Any one commissioner can remove an
item off the consent agenda.
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 14, 2011
ANC 6B RESOLUTION IN OPPOSITION TO BILL 19-219, “WARD REDISTRICTING
AMENDMENT OF 2011”
WHEREAS the Subcommittee on
Redistricting, co-chaired by Councilmembers Michael
Brown and Jack Evans, and including Councilmember Phil Mendelson,
approved Bill 19-219, the “Ward Redistricting Amendment Act of 2011” on
Thursday, May 26, 2011;
WHEREAS Bill 19-219 now goes to
the full DC Council for first reading on June 7, 2011 and final reading later
in June 2011;
WHEREAS ANC 6B unanimously
approved the attached redistricting resolution on May 10, 2011;
WHEREAS the Subcommittee on
Redistricting failed to specifically address ANC 6B’s concerns in its report
accompanying Bill 19-219;
WHEREAS Capitol Hill is a
compact, contiguous, cohesive neighborhood bounded on the west by the Capitol
building and on the east by a geographical boundary, the
WHEREAS Bill 19-219 would divide
the eastern half of Capitol Hill and would move 9,330 residents out of Ward 6
and into different Wards, the overwhelming majority of which reside on Capitol
Hill;
WHEREAS around 3,600 of the
9,330 residents moving into other wards from Ward 6 under Bill 19-219 represent
populations residing at the DC jail and the homeless shelter, further
diminishing the political power of the Capitol Hill residents who would be
placed in Ward 7;
WHEREAS Ward 6 is within the
accepted population parameters and does not require adjustment;
WHEREAS Bill 19-219 removes more
population than is necessary from Ward 6, making it the smallest Ward in DC;
WHEREAS Bill 19-219 almost
guarantees that Ward 6 will be heavily redistricted in 10 years because Ward 2
and Ward 5 would no longer have contiguous borders;
WHEREAS Bill 19-219 makes 17th
Street SE/NE the boundary between Wards 6 & 7, an illogical boundary that
divides Capitol Hill and effectively hurts the collective voice and
representation of residents on the eastern end of Capitol Hill;
WHEREAS while around 9,000 Ward 7
residents (12 percent) would live in Capitol Hill under Bill 19-219, an
overwhelming majority of around 66,000 of Ward 7 residents (88 percent) would
reside in neighborhoods east of the Anacostia River, making Capitol Hill
residents a significant minority in Ward 7;
WHEREAS the eastern end of
Capitol Hill is a diverse and unified community where residents have worked and
continue to work together to combat crime, and organize and build a successful
neighborhood;
WHEREAS Bill 19-219 splits the
most diverse census tracts on Capitol Hill and moves them to Ward 7, reducing
the diversity of Capitol Hill;
WHEREAS Bill 19-219 and its
accompanying report casually dismisses the legitimate concerns of thousands of
Capitol Hill residents who asked that their neighborhood remain united,
including more than a thousand residents who signed a petition in support of
maintaining a compact, contiguous, cohesive Capitol Hill;
WHEREAS in the report
accompanying Bill 19-219, the Subcommittee on Redistricting cites an
unscientific redistricting game on the Greater Greater
Washington website as a reason for pursuing 17th St. SE/NE as the
new ward boundary between Wards 6 & 7, despite the fact that the game did
not allow users to select 17th St. SE/NE as a boundary;
WHEREAS the Subcommittee on
Redistricting states in its report that “The Subcommittee’s goal is to reunite
neighborhoods and propose Ward boundaries that will keep the disruption of
current neighborhoods to a minimum. The subcommittee also seeks to keep each Ward
as compact as possible and align with census tract boundaries.”
WHEREAS the selection of 17th
Street as the ward boundary line violates the Subcommittee’s goal to keep
disruption of current neighborhoods to a minimum, and divides four census
tracts;
WHEREAS the Subcommittee on
Redistricting states in its report that “The proposed boundary of
WHEREAS the Subcommittee on
Redistricting inconsistently applied “clear and simple” boundaries, as shown by
the gerrymandered border between Wards 2 & 6;
WHEREAS Bill 19-219 would place
the historic Congressional Cemetery in Ward 7, while most of its daily users
and contributors, including hundreds of dog walkers, live in Ward 6;
WHEREAS ANC 6B is the leading
proponent of the Hill East Waterfront Development, also known as Reservation
13, a mixed-use retail and residential project that will be a gateway to
Capitol Hill from the East;
WHEREAS ANC 6B and the
residents of Capitol Hill have been waiting for the city to announce a developer
for the Hill East Waterfront and for the project to begin;
WHEREAS Bill 19-219 would place
the Hill East Waterfront in another ward, effectively separating the site from
the Capitol Hill residents who have worked for years on the project and will be
most affected by its development or lack thereof;
WHEREAS Bill 19-219 could result
in further delay in the development of Reservation 13 as a new Councilmember
with no history or connection with the site will have an opportunity to shape
its future;
WHEREAS residents of the eastern
end of Capitol Hill live in close proximity to the DC Jail, homeless shelter,
sexually transmitted disease clinic, hypothermia shelter, men’s homeless
shelter and methadone clinic on the Reservation 13 site, which presents unique
challenges unseen in other areas of the city;
WHEREAS the Subcommittee on
Redistricting failed to mention or recognize that Capitol Hill residents must
contend with the increased crime and quality of life issues that come with the
DC government’s decision to concentrate many social services at the Reservation
13 site;
WHEREAS residents from the
WHEREAS the Subcommittee on Redistricting’s recommendation that Residential Parking
Permit zones be de-coupled from ward boundaries requires separate Council
consideration, is not a guarantee, and could raise a whole host of issues and
problems that could complicate and confuse rather than simplify the current
system;
NOW IT THEREFORE BE
RESOLVED
that ANC 6B strongly opposes Bill 19-219 and urges the DC Council to keep
Capitol Hill united in any redistricting plan.
BE IT FURTHER RESOLVED that ANC 6B expects that
this resolution will be accorded “great weight” by the DC Council, as required
by DC law, and that the Council will specifically address all the concerns
outlined in this resolution.
By an ANC 6B Executive Committee unanimous vote of 4-0.
Attest:
Secretary Date:
ABC COMMITTEE
South East Neighborhood Library
Moved to
Report and Recommendations
May 5, 2011
Commissioners in
attendance: Carol Green (Chair), Neil Glick, Ivan Frishberg and Dave
Garrison
DC-3 423 8th
Street, SE, License # ABRA 086701
Perry Smith, owner, and John, the manager of DC-3, are seeking a new liquor license to sell beer
only, even though this license category, Class CD, allows sales of both beer
and wine.
The committee heard no opposition to the proposed
license. The applicant also requested a
stipulated license. The Committee
recommends the Commission support the license, and the stipulated license,
pending a new Voluntary Agreement, and also recommends this be placed on the
consent agenda. Commissioner Glick recused himself because of his business relationship with
the applicant.
Roland’s of Capitol
Hill – 333 Pennsylvania Ave SE, License ABRA 78514
Mr. and Mrs. Uh appeared to ask for a continuation of their
single sales exemption, which they have held for a year. Pending the signing a new VA, the Committee
recommends approval of the request and also recommends this be placed on the
consent agenda.
S & J Liquors – 1500
Ms. Poak Soon Ko,
owner, has applied for a single sales exemption for her establishment. She wishes to sell small bottles of spirits
and single bottles of craft beers. She
keeps her store clean by sweeping twice a day and the store is open 6 days a
week from 9am to 10pm. Ms. Ko was represented by Raisa Hireo, and there were two
neighbors in attendance. The neighbors
expressed their opposition to the exemption, citing problems in the area
currently, from human feces in the alley and public urination. Also mentioned was the problem of 16 and 17
year olds loitering in the area, allegedly asking the liquor store patrons to
buy them alcohol. The neighbors believe
that selling single beers will add to the public nuisance and further
deteriorate the quality of life in the neighborhood. The Commission has also
received nearly a dozen emails from residents opposed to the exemption and only
one in support. Because of the current concerns of the neighborhood, allowing
single sales at this time is problematic.
The Committee recommends the Commission oppose the exemption for single
sales for this establishment.
May 3, 2011
6:30 pm
Commissioners
Present: Jared Critchfield, Brian
Flahaven, Ivan Frishberg, David Garrison, Neil Glick, Carol Green, Kirsten
Oldenburg (chairing), and Brian Pate.
Also present,
PS
Mr. Michael Jones, co-owner,
and his architect advised the Committee that they had appeared before the DDOT
Public Space Committee in late March and were granted Public Space Permit
#PA60526 on April 29, 2011.
DDOT advised ANC6B of this
case in a letter dated March 9, 2011, noting that the Commission had 30 days
from the “postmarked date” of the letter to inform DDOT whether or not it
supports the application. A notation on
the letter indicates that ANC6B actually received the letter on April 5,
2011. However, the postmarked date is
unknown.
Because the permit has
already been issued, the Committee took no action. However, it was noted that since the property
is within the CH Historic District, the matter will return to ANC6B as an HP
case.
PS # ?????,
No one appeared to present
this public space permit case. Thus, the
Committee did not take any action.
HPA # 11-242, 212 7th Street, SE, Acqua Al 2) – One-story rear addition to enclose existing
patio for additional seating
This item was removed from
the agenda because the Committee learned that new plans are being
developed. The Committee expects to hear
this case in June or July.
BZA # 18213, 1317 East Capitol Street, SE – Special
Exception to extend the existing deck in the rear from 5.8’ to 17.8’
Ms. Linda Meixner, owner, and
Mr. Tony Ghazi presented this case to extend an existing rear deck from 5ft ¼
in deep to 9ft deep. (At the Committee’s
meeting in April, Ms. Meixner had plans to extend the deck up to almost
18ft. However, at that time, she did not
have all the information about her zoning case that the Committee needed and
agreed to return in May.)
Ms. Meixner is asking BZA for
a special exception because the deck addition will result in the lot coverage
to increase from 68 percent to 70.8 percent.
The existing deck and its extension count in the lot coverage as they
are over 4ft high. In addition, a
portion of the new deck will extend into the 20 ft. setback from the rear
property line.
Ms. Meixner presented
supporting letters from each abutting neighbor (1315 and 1319 E Capitol St SE)
and a supporting letter from her neighbor in the rear (
The Commission has routinely
supported up to 70 percent lot coverage.
It was moved and seconded that the Committee support the application.
There was no objection to the motion and it passed unanimously. The Committee recommends that the case be put
on the Commission’s
BZA # 18218, 1426 K Street, SE – Variance from lot
occupancy, court, and alley centerline setback to allow construction of
accessory garage addition serving an existing row dwelling in R-4 District
Mr. William
Teass, architect, and Mr.
The garage will be as wide as
the lot (15 feet) and 20 feet 6 inches deep.
The roof will slope inward and at its highest point on the alley side is
about 11 feet high. As the alley side of
the proposed garage sits on the property line, it is not in compliance with the
required 12 foot setback from the centerline of the alley, which is 10 feet
wide. In addition, the garage increases
the lot occupancy from 50 percent to 72 percent and converts a nonconforming
open court (3.1 feet wide)
in the rear yard into a nonconforming closed court of the same
width.
In arguing the uniqueness and
hardship tests for granting of a variance, Mr. Teass stated that positioning of
the garage to enable the required alley setback would result in a rear yard
only 8 ½ feet deep. He stated that the
narrowness of the alley creates this problem.
He also stated that the resulting 72 percent lot coverage occurs because
the lot does not have the minimum lot width of 18 feet. To create a complying court of 6 feet, the
owner would have to remove a portion of the existing single family dwelling.
The applicant provided
letters of support from abutting neighbors at 1424 and
It was moved and seconded
that the Committee support the application. There was no objection to the
motion and it passed unanimously. The
Committee recommends that the case be put on the Commission’s
BZA # 18221, 123 – 10th Street, SE –
Special exception to allow a side addition to an existing one-family row
dwelling not meeting lot occupancy, court, and non-conforming structure
requirements in R-4 District
Ms. Betsy Damos and Mr. David
King, owners, presented their request for zoning relief, a Special Exception
pursuant to §223.1 to add a 3 foot by 8 foot one story addition to the south
side of their existing single family dwelling to enlarge their rear interior
dining space. The addition will
partially cover an existing non-conforming open court, creating a
non-conforming closed court. Because the
entire court is already counted as part of the lot coverage, however, the total
lot coverage will remain at 66 percent.
There will be access to the newly closed court, which will contain a
pergola.
Ms. Damos presented photos
showing that the current rear and new addition cannot be viewed from the
alley. She also submitted supporting
letters from both abutting neighbors (121 and
Commissioner Pate moved (with
a second by Commissioner Garrison) that the Committee support the
application. There was no objection to
the motion and it passed unanimously.
The Committee recommends that the case be put on the Commission’s
BZA # 18222, 1237 – 1239 C Street, SE Rear – Variances
from the alley width requirements, and alley lot building requirements to allow
the conversion of a vacant warehouse building to a one-family dwelling in R-4
District
Mr. Jeff Goins, architect, presented plans of his client,
Ms. Danielle Dubois, to convert a warehouse in an alley into a single family
dwelling. Pursuant to 11 DCMR § 3103.2,
a variance from alley width requirements under subsection 2507.2 and a variance
from alley lot building requirements under subsection 2507.3 (street frontage)
are required for the conversion.
Plans are to renovate the existing warehouse structure
(dimensions not provided on the plans) to provide space for a living/dining
area and a kitchen. A 14 by 47 foot
two-story addition will sit perpendicular to existing structure and include a
roof deck across its entire expanse. The
current main door of the warehouse will become a window with the main entrance
repositioned mid-point in what is now the west side of the building. This converts what is currently the rear of
the property into a side yard. Plans are
to leave an 8 foot space between the new addition and the abutting neighbors’
rear property line, 4 feet of which are an existing easement. This easement provides the condo at
In arguing the case for hardship and uniqueness in support
of the request for a variance from the alley width requirement, Mr. Goins
stated that while a 30 foot wide alley was required, the existing alley at 25
feet wide could not be enlarged. As
regards the request for a use variance to permit the conversion of the
warehouse to a residence, Mr. Goins argued that there was no longer any demand
for such alley structures as this to be used as warehouses and if the building
could not be converted to residential use, it would likely sit vacant
indefinitely.
Mr. Goins did not present any supporting letters from
neighbors to the Committee. However, he
told the Committee that several neighbors had signed a petition in support but
the document was in the possession of the owner, who was not present at the
meeting.
All four owners of units in the
Given the fact that there are no neighborhood letters of
support for the project and the proposed new addition appears to negatively
affect the air and light of the neighbors at