Advisory Neighborhood Commission 6B
Minutes of Regular ANC Meeting
November 9, 2004
Commissioners Present: Julie Olson,
Commissioners Absent: David Sheldon, Daryl Snowden
Commissioner Olson chaired the meeting and all commissioners introduced themselves.
There is a quorum for conducting business.
Commissioner Jarboe stated that as part of the Quarterly Report a correction is needed to account for Interest Earned on last quarter’s report, and they need to ratify the decision by the Executive Committee to spend money to put an ad in the Community Guide. This should be added under the Financial Quarterly Reports and Expenditures section.
Commissioner Hill made to motion to adopt the agenda, and it was seconded by Commissioner Wright. The motion was adopted by voice vote of yea.
Community and Commission Announcements
None – Commissioner Smith introduced the newly elected ANC 6B-09 Commissioner Antonette Russell.
JPI Large Tract Review, Presenter- Joel Lawson, Development Review Planner, Office of Planning.
Mr. Lawson provided the Commissioners and Community with a recap of the project outlining its size, description of commercial and residential properties, parking, grocery store and the Office of Planning’s view that the project conforms to its desires and specifications.
DDOT reviewed the project and
focused on the parking, loading and unloading of trucks and have recommended in
favor of the project. Parking and the
main entrances for both the residential units and the grocery store will be off
Mr. Lawson explained why JPI was going through both BZA and Large Tract Review. Basically, BZA is zoning where as Large Tract Review deals with many more issues such as traffic, impact on the community, and etc.
Commissioner Jarboe asked
about traffic studies regarding the impact the project will have on specifically
the intersection, parking and grocery store entrance on
Mr. Lawson stated their studies indicate that volume will remain pretty much the same. Therefore, DDOT is not recommending any changes at this time.
Commissioner Jarboe expressed
the community and Commission’s concern about the potential negative impact on
traffic from the project. He asked that
DDOT continue to monitor traffic condition at the location and specifically
Commissioner Smith mentioned
the Annacostia Riverfront Crossing Project and their proposal to modify the
intersection traffic pattern at
The response was that it (Annacostia Riverfront Crossing) was not included with the JPI Project when submitted. However, they are constantly interacting with the various agencies to develop the best plan.
A member of the community mentioned that at last month’s meeting the issue of the traffic study and the fact it was conducted during a period in which school was not in session, and she wanted to know if another study had been conducted during school hours. The response was that a second study was done during school hours. Unfortunately, the speaker did not have a copy available with him, but stated that a copy could be obtained.
The speaker mentioned that
there currently is a traffic problem with the school and the JPI project will
not be adding any substantial new traffic.
However, he felt that since the school already has a traffic problem, it
may be because the school is not properly managing its traffic. Therefore, he agrees that DDOT should
continue to monitor the traffic on
After some additional discussion, Commissioner Jarboe asked Mr. Lawson how the community could voice their opinions about the project with the Office of Planning, and he responded by welcoming community comments and gave his direct phone number of (202) 442-8805 and e-mail address of email@example.com .
Mr. Lawson provided the Commissioners with a brief overview of the status of the East M Street Zoning. The Zoning Commission didn’t support what the Office and Planning had proposed, and basically decided to reopen the whole case and re-advertise with a different zoning all together.
The Office of Planning has changed their recommendations based upon their discussions with the Commissioners to recommend that the density be reduced further to W-1 from W-2.
With regards to the BZA case # 17250, 1407 E. Capitol Street, SE, there is some discussion that this case may be withdrawn. The Zoning Administrator may be able to exempt this application.
McWade Properties, Presenter – Craig R. McLaurie, Esq.,
The property at
The plan calls for the construction of eight residential condominiums (4 flats and 4 two level condos) and the renovation of the existing ground floor commercial space. Two stories will be added on top of the existing building. The existing exterior will be totally resurfaced to create a new 19,000 square foot mixed-used building. The current zoning C-2 (mixed use commercial on ground floor with residents above) will not be changed. The plan meets City heights and parking requirements. The only issue that may require a variance is the plan to provide a ramp around the front and side entrances for use by people with a physical handicap. The ramp will take up part of the sidewalk that is in public space.
They are anticipating the construction to begin in Nov/Dec 2004 and to be completed by June/July 2005.
They are making their presentation to make sure the community and Commission is aware of their plans. If there are any questions he suggested that they be directed to Tracy Goins Kingsbury at (202) 543-3375.
Commissioner Jarboe asked what will be the total height of the building. The response was 55 feet.
During the discussion Commissioner Campbell joined the meeting.
Planning and Zoning Committee Chair, Francis Campbell made the following committee report:
The applicant is seeking HPRB
approval for a 3-story addition at the rear addition. The addition will not be built up over 12th
street, however, no sightline for present for the
Commissioner Campbell asked if there was anyone in attendance representing the property.
Mr. Steven Aladekoba, the
architect for the property own presented himself. Mr. Aladekoba presented the Commissioners a
copy of the new sightlines drawing for
After reviewing the drawings
Commission Jarboe confirmed with Mr. Aladekoba that the addition would not be
seen from the
There were no additional comments from the community.
Commissioner Campbell made the motion to support the application and it was seconded by Commissioner Cernich. The vote was unanimous (7-0-0).
BZA #17250, 1407 E. Capitol Street, SE, Jeffery Jones, Applicant
Commissioner Campbell stated that the applicant is seeking a variance of Section 401.3 which requires a minimum lot size, which is 1800 square feet. The lot is only 1423 square feet. There is provision that allows for lots that we unoccupied when the zoning regulations took effect in 1957 to be built upon if they were 80% of this requirement, however that comes out to 1440 square feet. This lot is 1700 square feet which is smaller than the 1,800 square feet provision, thus the lot can not be built upon without a variance. While the building meets all of the building requirements it is at 57% of that occupancy and height limit, which is 40 feet allowed, the building is 39 feet, and with the rear lot requirement of 20 feet and 23 feet is being proposed. The Committee notes that while the request is for a variance of 21% from the 1800 square feet required is approximately 1% from the allowed 1440, thus may fall into the 2% discretionary leeway given the Zoning Administrator. Some neighbors were unable to attend the meeting, especially the neighbor most directly affected to the east, and others had not yet seen the proposed plans. The Committee made no recommendations pending further input from the neighbors.
Commissioner Campbell asked if there was anyone in attendance representing the property. No one was representing the property.
Commissioner Campbell asked
if there were any neighbors present who wished to speak. The owner of
Commissioner Wright stated that the Commission had received a couple of letters in support, but also expressed concern regarding the density of the property.
Commissioner Olson asked the owner is he was concerned about the proposed height of the proposed building, and he was not.
Commissioner Campbell asked if Mrs. Campbell, the property owner next to the proposed building, was in attendance. She was not.
Commissioner Campbell asked if there were any others who would like to speak in support or opposition to the application. There were none.
There was discussion between the Chair Olson and Commissioner Campbell about tabling the application until Mr. Jones could appear before the Committee. Commission Jarboe stated that the application may very well be within Matter-of-Right already. Because we’re talking about a variance of 17 square feet, and it will be an interpretation by the zoning administer because there is a clause in the zoning law that allows the zoning administer the discretion of 2% on lot size and 10% on some other things. There is another section in the zoning that states that if you have a lot that is unoccupied, but is a separate lot as of when the zoning regulations went into effect, that you can build on 80% lots, and this is in the 1% of the 2% discretionary rule applies to the full 1800 square feet or 1440 square feet requirement. It sounds as if the zoning administrator is reconsidering and it may be within the 2% discretionary area and it maybe a Matter-of-Right, and that may be the reason Mr. Jones in not in attendance because of his conversation with the zoning administrator.
The Chair made the motion to table the application until further clarification can be obtained regarding the above issues. Commissioner Campbell seconded the motion. The vote was 7-0-0 to table.
Chair Olson turned the meeting over to Commissioner Cernich to report on the ABC Committee.
Commissioner Cernich stated that the ABC Committee met on November 4th to deal with the following liquor license renewals.
Establishment App. No. License # Class
Pour House 9050 25897 CT 02
The Capitol Lounge 34251 23601 CT 01
Mr. Joe Engler appeared before the Committee regarding the above licenses and there was no one in community in attendance to oppose the renewal of these licenses. He then recommended that the Commission support the renewal of these licenses.
Marty’s Restaurant, Inc. 31997 60672 CT 02
Il Radicchio/Barollo 3243 24974 CR 03
The Patio 11000 11430 CT 01
Li’l Pub 11670 1875 CT 01
Phase 1 10270 1200 CT 01
No owners were present, and no community representatives were in attendance to oppose the renewal of the above licenses. Therefore, Commission Cernich stated that the Committee recommends not opposing the renewal of the above licenses.
Commissioner Cernich explained the difference between supporting and not opposing recommendations. Simply stated, it is recommended when an owner/management attends the Committee meeting to discuss and successfully answer specific questions regarding their establishment, the Committee support their application. However, if no one is appears to represent the establishment and there is no one representing the community to oppose the renewal, we will not oppose the renewal.
The final license up for renewal is Remington’s in the 600 block.
Remington’s 536 9238 CN 01
No one from Remington’s appeared before the Committee. One neighbor, to the rear of Remington’s, appeared before the Committee. The neighbor, Mark Parascandola, does not currently live in that area. Mr. Parascandola has alleged a variety of problems with noise within his residence over the last few years. Remington’s went before the ABC Board last month on a Fact Finding Hearing regarding noise issues related to the club and the ABC determined that the Voluntary Agreement the Commission has with Remington’s is not valid because a manager rather than an owner of Remington’s signed the agreement. Commissioner Cernich stated that he does not necessarily agree with that, but at the same time the ANC would like to enter into a new Voluntary Agreement with Remington’s. Bert Randolph contacted the owner’s representative, Catherine Sherwood, and invited them to the meeting tonight, but they declined and are not here. Because of the issues related to the license and the fact that the ANC would like to have in place a Voluntary Agreement with Remington’s, considering the history of noise issues, the Committee is recommending that the Commission protest the renewal of Remington’s license until at such point Remington’s enters into a Voluntary Agreement regarding noise control.
Commissioner Cernich made the motion that the applications for Pour House, The Capitol Lounge, Marty’s Restaurant, Inc., Il Radicchio/Barollo , The Patio, Li’l Pub, and Phase 1, that the Commission adopt the recommendations of the Committee on the renewal of these licenses.
Commissioner Jarboe stated that he would support these, but he was a little surprised that some the owners didn’t show up based upon their prior working relationships with the Commission.
The motion was motion was seconded by Commissioner Smith. The vote was 6-0-0 in approval.
Regarding Remington’s the ABC Committee is recommending that the Commission Protest the renewal of the license until Remington’s enter into a valid Voluntary Agreement with the Commission. The Chair asked for all those in favor of the Committee’s recommendation raise their hands. Commissioner Jarboe stated that he was surprised that the ABC Board has declared the Voluntary Agreement invalid and recommends that the Committee contact the Office of Advisory Neighborhood Commissions and get a clarification because we have been told by the ABC those Voluntary Agreements are not simply contracts between us and those who sign them, but that they are ruled upon the ABC Board and become part and parcel of the license during the renewal process. And now the ABC Board is telling us that something they votes on as part and parcel is not valid. This raises a lot of questions regarding the standing of Voluntary Agreements, and we should have the Office of Neighborhood Commission look into this. The Chair agreed with Commission Jarboe and stated that it would be nice to have the owner here because she was concern if the owner was the one who brought up the issue that it (the original agreement) was not signed by the owner.
Commissioner Campbell asked if the own gave any reason why he did not want to be present. Bert Randolph stated that he attempted to speak with the owner, but was only able to speak with the Director of Operations, Catherine Sherwood, and spoke with her via the telephone while she was out of town, and reiterated that they had been to the ABC Hearing stated that the Voluntary Agreement was invalid and she further stated that Board stated that the complainants were not actual resident in the property that their complaint was not valid, therefore there was no for a Voluntary Agreement and they didn’t feel that there was in their best interest to do that. Chair Olson asked why they (the ABC Board according to Ms. Sherwood) said that they were not valid complaints. Bert Randolph responded it was because the Parascandolas did not actually live in the property, they owned it, but don’t actually live in it. Ms. Sherwood stated that the ABC Board had stated that the complainants must actually live in a property. The Chair stated this may be one of the reasons they moved.
Commissioner Campbell asked if the property is rented. Mr. Randolph stated that it was and that it was a two unit rental. Commissioner Jarboe interjected that if the ABC Board is saying that owners don’t have standing then this is another very serious issue that needs to be addressed. Chair Olson stated that the noise issue dates back about 4-years now.
Commission Cernich stated that the owner will not represent that the tenant has complained, but we do have a police report on file regarding the noise issue that was submitted to the ABC Board by the owner where the police did observe (hear) the noise inside the owner’s property.
Commissioner Wright stated that she has a very good relationship with the owner of Remington’s. Commissioner Cernich stated that Remington’s has treated the Commission deplorably over the last 6 months. Mr. Randolph stated that the Commission has attempted to resolve the issue to everyone’s satisfaction without any success.
Commissioner Jarboe made a Friendly Amendment to get clarification from the Office of Advisory Neighborhood Commissions on the standing of Voluntary Agreements, as to why the ABC Board threw out the Voluntary Agreement because owner did not sign it. Second, the standing of owners versus residents in complaints to fact findings.
Commissioner Campbell asked if Remington’s is saying that since the owner is not living there that they don’t need to enter into an agreement with the ANC. Commission Jarboe stated yes, that they are saying that since the owner did not sign the Voluntary Agreement and the fact that the complainant no longer live in the property there neither complaint or the Voluntary Agreement has any standing. He is amazed that the ABC Board went along with that.
Chair Olson stated that she remember negotiating the Voluntary Agreement with the owner and manager of Remington’s and the owner advised and basically give permission to the manager to sign the Voluntary Agreement.
Commissioner Smith asked Mr. Randolph if the Director of Operations represent that it would not be in their best interest to sign the Voluntary Agreement. Mr. Randolph’s response was that that those were her exact words she used.
Commissioner Cernich stated that this after spending weeks over the summer trying to set up a meeting between Remington’s and to neighbor to resolve the issue only to have Remington’s to cancel. He further stated that he does not want to protest the license. As Commissioner Campbell stated, Remington’s has shown a total disregard for the ANC, the neighbors and the Voluntary Agreement they originally signed.
Chair Olson stated that the ANC generally does not have any problem with establishments entering into Voluntary Agreements and the fact that they were not willing to do so is a reason to protest. Mr. Randolph stated that Ms. Sherwood’s comment to him was that she was sorry to be out of town, however she would try it to the next ANC meeting so she can meet us all.
Commissioner Wright wanted to know if it was acceptable for her to contact them directly and let them know that a protest would be lodged, and the response was a definite yes. The ABC Board will also notify them.
Chair Olson stated the motion that the recommendation is to protest until Remington’s is willing to enter into a Voluntary Agreement regarding Noise Control and a Friendly Amendment to get clarification from the Office of Advisory Neighborhood Commissions on the standing of Voluntary Agreements, as to why the ABC Board threw out the Voluntary Agreement because owner did not sign it. Second, the standing of the owners versus residents in complaints to fact findings. The motion was seconded by Commissioner Campbell. The vote was 6-0-0.
Commissioner Cernich stated that the last item was a new Class C Tavern
License for Trusty’s Bar at
Commissioner Cernich stated that he had spoken with Mr. Engler today regarding the terms of the Voluntary Agreement and the basic terms are that they would not provide or permit live music or entertainment in the premises including, but not limited to disc jockeys, any music provide on the premises shall not be auditable inside of any other premises at anytime, will not operate the premise as nightclub, dance venue or similar venue, he will not permit dancing on the premises, shall post a sign near the door inside the premises requesting that patrons are quite when leaving the premises, and the final provision was initially to not rent, lease or otherwise permit the premises to be used for private dances and parties, Mr. Engler requested that there be some flexibility in that language that would allow him to host events for local non-profits like schools or charities, and small parties, such as an anniversary party.
Commissioner Cernich conferred with Commissioner Hill regarding the request and he agreed that if we can have the above language, he would concur with the recommendation.
Therefore, Commission Cernich recommended that the Commission support the application for Trusty’s contingent on entering into a Voluntary Agreement and a letter from Joe to the ABC Board making it clear that he will have no dancing, live music, and the ANC receiving a copy of said letter.
Commissioner Jarboe made the suggestion to Commissioner Cernich regarding the renting out the premises, that he includes in the agreement a limitation on the number of times it can be rented or leased.
A community person stated that he attended the PSA meeting with Joe Engler and that the community’s attitude toward Trusty’s changed dramatically as a result of the meeting. Mr. Engler was very willing to work with community to resolve the issues. However, he did ask what happens if Trusty’s Bar does not live up the Voluntary Agreement and what recourse, if any, does the ANC have regarding an issue of this type.
Commissioner Jarboe stated that if it can be proven by fact finding that they have violated the terms of their license, they can be fined for the 1st and suspension for 3 days, 2nd offense with fines and suspension, and subsequently their license can be removed.
One person from the community stated that his small children sleep in a room that is directly across from the outdoors area of the proposed establishment, and he wanted to make sure the noise will be controlled.
Commissioner Cernich restated that part of the Voluntary Agreement is that no music will be heard inside any other premise, which will address his concerns. He also stated that Trusty’s will be sending a letter to the ABC Board stating that his license will not include have dancing, live music, and etc.
The Chair restated the motion to recommend the support of Trusty’s application contingent on entering into a Voluntary Agreement and a letter from Joe to the ABC Board making it clear that he will have no dancing, live music, etc., and the ANC receiving a copy of said letter. The vote was unanimous (6-0-0).
Withdrawal of BZA Appeal of
The Chair stated that because the ANC has a case open in the Board of
Zoning and Adjustment, and because
There was not further discussion, therefore the Chair made the motion that the ANC withdraw its protest from BZA regarding the Appeal of Boys Town. Commission Jarboe seconded the motion. The vote was unanimous (6-0-0).
Committee Reports and Announcements
Quarterly Financial Reports and Expenditures
Commissioner Jarboe stated that there were three (3) items before the Commission: 1.) The New Quarterly Report; 2.) A Revised version of the Third Quarter Report; 3.) A memo being sent to the Auditor regarding a check that was written over a year ago that was sent to Verizon that has never been cashed. ANC did pay the bill two (2) months later as part of a consolidated bill. We have been carrying that check for over a year and a half so it time to remove it. He is therefore, declaring the check as being lost. However, in order to do so he must declare the check as income because we have been carrying it on our books and an expense. Therefore, it is now classified as other income on our books. The check amount is $96.55. The reason for the Revised Third Quarter Report is because the ANC missed an interest payment that came in that was actually on a prior quarter’s bank statement but the bank had posted it after the end of the quarter and it should have been in the 3rd quarter, so we missed it.
Commission Jarboe made the motion that the Commission accepts both the Revised 3rd Quarter Report and the 4th Quarter Report. The motion was seconded by Commission Campbell. The vote was unanimous (6-0-0).
Commissioner Jarboe stated that 2 months ago at an Executive Committee meeting it was authorized the expenditure of up to $200.00 for a paid ad in the Capitol Hill Community Guide and we have done that. That decision needs to be ratified by the full ANC. He therefore moved that the Commission ratify the Executive Committee’s decision to spend up to $200.00 to place an ad in the Capitol Hill Community Guide. The motion was seconded by Commissioner Campbell. The vote was unanimous (6-0-0).
There was not further business and Chair adjourned the meeting until its next meeting date of December 14, 2004.
Prepared by Bert Randolph