Minutes of Regular Meeting

Tuesday, November 10, 2009; 7:00 p.m.

ATTENDANCE

Commissioners Present: Francis Campbell, Dave Garrison (chairing), Carol Green, Neil Glick, Will Hill, Kenan Jarboe, Kirsten Oldenburg, Mary Wright.

Commissioners Absent: Michael Patterson

Also in attendance: ANC6B Executive Director, Bert Randolph.

1. Adoption of Agenda

Following the introduction of Commissioners, the Chair asked if there were any changes to the agenda. Being none, the agenda was adopted by voice vote.

2. Special Election for SMD 6B03

Commissioner Garrison declared at 7:15pm that the polls were open for the election to fill the 6B03 Single Member District position. The voting was overseen by Election Officials: Mr. Gottlieb Simon, Director, Office of the ANCs, and Mr. Ron McBee, Commissioner, ANC 6D.

3. Community Speakout

Ms Regina Reilly, a resident, spoke about her concerns regarding the proposed CSX railroad tunnel project and that she had not heard any previous information pertaining to this project and was very upset. Commissioner Garrison responded that no one knew much about the project and, for that reason, CSX would be making a presentation on their plans at tonight’s meeting.

Mr. Christopher Herman, spoke critically about several aspects of the 11^th Street Bridges project. He reminded the Commission that DDOT has long claimed that expanding the bridges would help communities by separating freeway and local drivers onto different bridges and also make the bridges safer. New official information, including the FHWA response to comments on the Final EIS and DDOT’s July 2009 evaluation of the approved Skanska design-build proposal, puts both arguments in question. The Skanska design also reverses key features of the project as presented to the public, such as, its alignment and connection of I-295 and I-696. Mr. Herman asked the Commission to review and reconsider the expansion project in light of the new information.

Mr. Don Creel, Vice President Business Development, Human Resources & Training, Signal Financial Federal Credit Union, advised that his firm has now opened a credit union office in the neighborhood. It is located at 1391 Pennsylvania Avenue SE near Harris Teeter.

Commissioner Garrison updated the cell phone tower issue that came before the Commission at its October meeting. He stated that Federal law, codified in FCC regulations, trumps local law and makes it legal to install such equipment in all sorts of places including rooftops of residential structures. However DCRA, before issuing a permit, must consult with the Historic Preservation Office (HPO) if the proposed site is within a Historic District. If so, HPO determines where any towers should be placed on a roof to assure they will be out of sight on the street side of any building. In the case discussed in October, HPO had not been properly consulted. Once HPO was consulted, that office worked with the cell tower installer and the building owner and the towers on the front section of the roof were moved back slightly. Beyond that modes fix, however, there appears to be nothing more than can be done to restrict the placement of cell towers on residential buildings.

4. Community and Commission Announcements

None were offered.

5. Presentation

CSX Railroad Tunnel Project Underneath Virginia Avenue SE

Mr. Stephen Flippin, Director, Federal Affairs, CSX Corporation, made a presentation on a proposal to enlarge the CSX tunnel that runs from about 2^nd Street SE to 11^th Street SE. The project is just one of a series of National Gateway projects being undertaken to enable CSX to use double-stacked freight cars in the eastern United States to enlarge its capacity to haul freight once the Panama Canal widening project is completed in 2015. The estimated cost of the tunnel project is $160 million. CSX has asked the Federal government to pay a portion of the cost; a DOT decision is expected in January 2010. CSX expects the project to take about 3 years to complete and the earliest it can begin is in 2011. First, CSX must go through the NEPA process, part of which will involve a series of community meetings.

Commissioner Jarboe suggested that CSX meet informally with the ANC before completing its scoping for NEPA. In addition, the ANC suggested that CSX plan to return to the ANC periodically at various stages of the planning and construction process, specifically with the results of the traffic analysis and traffic management plan.

A number of questions were asked of CSX by residents. Concerns, primarily focused on the “cut and cover” construction method proposed by CSX, involve traffic detours, noise and pollution, and impacts on businesses and recreation in the area of the tunnel.

6. Planning & Zoning Committee

BZA #18000, 321 6^th Street SE—Special exception to allow a two-story rear addition to a one-family semi-detached dwelling not meeting lot occupancy, side yard, nonconforming structure requirements, or in the alternative, variances from sections 402, 405, and 2001.3 in CAP/R-4

Commissioner Campbell reported that the Committee recommends that Commission support the application for a special exception, especially since ANC6B has traditionally treated semi-detached dwellings as if they were row houses when applying lot occupancy requirements. In this case, occupancy will expand from 45% to 46%, well within the range supported in the past.

Ms Jean Whaley, owner-occupant, Ms Nuray Anahtar, architect, and Ms Kinley Bray, attorney were present. They presented shadow studies, which confirmed that neither neighbor would be unduly affected by the addition to 321 6^th Street SE. The Commission voted 8-0 in favor of the Committee recommendation, making it unnecessary for the Commission to address the request for a variance.

ZC #09-11—Text amendment related to Public Libraries in the R Zone District

Commissioner Campbell reported that the Committee recommends that the Commission take no position on the text amendment at this time. Since no motions were presented, no vote was taken on this matter.

7. ABC Committee

Chesapeake Room, Lic. #ABRA-083029, 501 8^th Street SE.

Commissioner Green reported that the Committee recommends that the Commission support the application for a new license, contingent on the signing of a Voluntary Agreement. Mr. Xavier Cervera, owner, had applied for a Class C Tavern license to operate a seafood restaurant and wine bar. Based on conversations with nearby residents, Mr. Cervera changed his request to a Class C Restaurant license. The Commission voted 8-0 to support the Committee recommendation.

Dulce Café & Lounge, LLC, Lic #ABRA-082761, 1123 Pennsylvania Avenue SE

Commissioner Green reported that the Committee recommends that the Commission supports dropping the Entertainment endorsement portion of this license application and amend its draft Voluntary Agreement to remove references to said endorsement, as detailed in the Committee report (attached).

The Commission voted 7-1 to support the Committee’s recommendation.

8. Eastern Market Report

Commissioner Jarboe read the Eastern Market Report, a copy of which is attached.

9. Announcement of the Special Election Results

At 8:15pm, the Chair announced that the polls were closed and no further votes could be accepted. The Election Officers counted the votes and presented the tallies to the Chair who announced that Mr. Norman Metzger had received 69 votes; Mr. Randolph Steer, 46 votes: and Ms Caitlin Fennessy, 29 votes.

Commissioner Garrison moved that the Commission adopt a Resolution stating that Mr. Norman Metzger had won the special election for single member district 6B03. The motion was seconded by Commissioner Hill; and, without discussion, the Commission voted 8-0 to adopt the Resolution.

10. Approval of Commission Minutes

Commissioner Oldenburg moved (with a second by Commissioner Campbell) that the Commission approve the minutes of the October 13, 2009, regular monthly meeting. The Commission voted 8-0 to adopt the minutes.

12. Adjournment

The meeting was adjourned at 9:10 pm.

Prepared by Kirsten Oldenburg Attest: _____________ .

Attachments:

Agenda, as adopted

Planning & Zoning Committee Report

ABC Committee Report

Eastern Market Report

Meeting Agenda

921 Pennsylvania Avenue SE

November 10, 2009 – 7:00 PM

Agenda

1. Adoption of Agenda

2. Special Election – Voting Open (7:15 p.m.) – Voting Close (8:15 p.m.)

3. Community Speakout

4. Community and Commission Announcements

5. Presentation

· CSX Tunnel – Raising the roof of Virginia Avenue Tunnel, Stephen Flippin, Director, Federal Affairs

6. Planning and Zoning Committee

(These items will also be considered by the P & Z Committee on November 3, 2009)

· BZA # 18000, 321 6^th Street, SE – Special exception to allow a two-story rear addition to a one-family semi-detached dwelling not meeting lot occupancy, side yard, nonconforming structure requirements, or in the alternative, variances from sections 403, 405, and 2001.3 in CAP/R-4

· HPA # 10-039, 1257 K Street, SE – Informal Presentation (Will only be heard on Tuesday, November 3^rd agenda)

· ZC # 09-17A, Text amendments related to Public Libraries in the R Zone District – (Late addition due to Zoning Board’s Schedule)

7. ABC Committee

(These items will also be considered by the ABC Committee on November 5, 2009)

· Chesapeake Room, Lic. # ABRA-083029, 501 8^th Street, SE, - Applicant is seeking a new Class C Tavern License to operate an establishment offering regional and seasonal combination of local seafood and with recorded music. No entertainment. Occupancy load inside is 49 and sidewalk café of 32 seats. Hours of operation and sales/service/consumption of alcoholic beverages inside the premises and sidewalk café: Sunday 10:00 a.m. – 2:00 a.m., Monday through Thursday 8: a.m. – 2:00 a.m. and Friday & Saturday 8:00 a.m. – 3:00 a.m.

· Dulce Café & Lounge, Lic. # ABRA-082761, 1123 Pennsylvania Avenue, SE – Revision of Voluntary Agreement to address Protest issues. (Late addition to agenda to resolve protest matters before ABC Board)

· Henry Mendoza from La Plaza, New License for old Pacific Café location – Informal Presentation (Will only be heard on Thursday, November 5^th agenda)

8. Special Election Results

9. Eastern Market Report

10. Approval of Commission Minutes

11. Adjournment

NOTE: Late-Breaking ABC, Payphone, 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: December 8, 2009

Report of the Planning & Zoning Committee

November 3, 2009

7:00 pm

Commissioners present: Francis Campbell, Chair; Kirsten Oldenburg, Vice Chair; Ken Jarboe, David Garrison, Carol Green; and Bert Randolph, Executive Assistant

BZA # 18000, 321 6th Street SE - Special exception to allow a two-story rear addition to a one-family semi-detached dwelling not meeting lot occupancy, side yard, nonconforming structure requirements, or in the alternative, variances from sections 402, 405,and 2001.3 in CAP/R-4

The applicant, Ms. Jean Whaley, the owner-occupant of 321 6^th Street SE, made the presentation, accompanied by her architect, Ms. Nuray Anahtar, and her attorney, Ms. Kinley Bray. ANC 6B considered this case earlier in 2009 when it came through for historic preservation review. At that time, ANC 6B opposed the application on the grounds that the plan was not compatible with the historic district. Since then, the applicant has revised the proposal, reducing its scale in order to address some of our concerns.

Ms. Whaley’s home is a semidetached dwelling, due to the presence of a 2 foot 8 inch side court that runs along the north face of the property. It is a matched pair with 323 6^th Street SE to the point of sharing a peaked roof and having no internal party/fire wall. At 19 feet wide, the applicant’s property is quite narrow for a semidetached dwelling.

The applicant proposes to expand the dwelling’s footprint in the back by four feet with a two-story addition. This would permit the construction of an expanded kitchen, breakfast area and family room. On the second floor, the expansion would contain a bathroom, bedroom and exterior deck. A new, seamed-metal roof would include a skylight. The finish on the exterior walls would be painted wood siding similar to what is now on the building.

The applicant is seeking a special exception to the rules concerning lot occupancy, side yard, and non-conforming structures. The building currently occupies 45% of the lot, already exceeding the 40% limit in the code for semidetached dwellings. The proposed addition would bring the lot occupancy to 46%. If a special exception is not granted, the applicant is seeking in the alternative a variance.

The Committee notes that ANC 6B has traditionally treated semidetached dwellings as if they were row houses when applying the lot occupancy requirements. Thus, in this case, expanding lot occupancy from 45% to 46% seems well within the range this Commission has supported in the past.

The Committee acknowledges that the proposed addition would reduce the northern view from second floor west-facing window of the abutting neighbor to the south, it does not appear that the addition would significantly impact air and light coming to the 323 6^th Street dwelling. Similarly, while the addition of a second story by the applicant would restrict a portion of the southern view from the second floor windows of the house of the neighbor to the north at 317 6^th Street, it appears it would not significantly impact the air and light available to that dwelling.

For these reasons, the Planning and Zoning Committee recommends that ANC 6B support the request for a special exception. Since the Committee recommends approving the special exception, it is not necessary for the Commission to address the request for a variance.

Text amendments related to Public libraries in the R Zone District

This text amendment, among other things, would permit the construction of public libraries in an R Zone district to exceed matter of right lot occupancy, have less than the required minimum parking, and eliminate the need for rear and side yards under certain circumstances, subject to the granting of a special exception. There are no new public libraries planned in the jurisdiction of ANC 6B and thus the proposed text amendment does not appear to impact the 6B area at the moment. It is possible that a proposal for a new public library could emerge at a later time in the build out of the development at Hill East (aka Reservation 13). Should that prospect arise, under the terms of this proposed text amendment, ANC 6B would be able to review such a special exception request. The Committee recommends that ANC 6B take no position on the text amendment at this time.

ABC COMMITTEE

Report and Recommendations

November 5, 2009

Commissioners in Attendance: Carol Green, (Vice Chair), Dave Garrison, Ken Jarboe, Kirsten Oldenburg

Also attending: Bert Randolph, Staff Assistant

Chesapeake Room, Lic. # ABRA-083029, 501 8^th Street, SE, - Xavier Cervera, applied for a Class C Tavern License to operate an establishment offering regional and seasonal combination of local seafood and fresh local produce. Based on conversations with neighboring residents, he is now requesting a Class C Restaurant License. Applicant has not requested an entertainment endorsement. Occupancy load inside is 49 and sidewalk café of 32 seats. Hours of operation and sales/service/consumption of alcoholic beverages inside the premises are: Sunday 10:00 a.m. – 2:00 a.m., Monday through Thursday 8 a.m. – 2:00 a.m. and Friday & Saturday 8:00 a.m. – 3:00 a.m. The sidewalk café service will end at 11pm Sunday through Thursday and at 1 am Friday and Saturday.

The Committee recommends support of the new license, contingent on a signed Voluntary Agreement.

Dulce Café and Lounge, Lic. # ABRA-082761, ANC 6B approved a draft Voluntary Agreement for 1123 Pennsylvania Avenue SE (“Dulce Café and Lounge”) at its regularly scheduled meeting on October 13, 2009. Since the applicants have not yet agreed to sign the VA, ANC 6B is protesting the license application. During the several discussions among the parties since October 13, the applicants have indicated a willingness to drop their request for an entertainment endorsement. The ABC Committee supports dropping the endorsement and recommends to ANC 6B that it now amend the draft Voluntary Agreement for 1123 Pennsylvania Avenue SE as follows:

(1) A new WHEREAS clause be added prior to the first RESOLVED clause as follows: “WHEREAS, Applicant agrees to withdraw its application for an Entertainment Endorsement”; and

(2) Paragraph #2 headed “Nature of the Business” under the first RESOLVED clause be revised by:

a. deleting, in the first sentence, the phrase “with an entertainment endorsement”; and

b. deleting the sixth sentence: “Appropriate live music, such as a small band or DJ, is allowed at private events.”; and

c. deleting, in the seventh sentence, the phrase “with live music”.

With these changes, the key paragraph as amended in 6B’s draft VA would read in its entirely as follows:

Nature of the Business. The Applicant will manage and operate a café and lounge with a CT license. The license covers the first and second floors with a total occupancy of 99 seated patrons and a sidewalk café for six patrons. There will be no cover charge, live music or dancing on the premises. Music will be limited to recorded music, jukebox, and microphone (poetry readings and karaoke). Private events will be limited to invitation or rsvp only events, such as fundraisers, social networking mixers, birthday parties, wedding receptions, anniversary and retirement parties, company or government office events, and individual holiday parties. Private events will not exceed two per month and will not be organized by third party promoters. Music and other interior noise will not be audible in the alleys, adjacent residences, commercial properties, or sidewalk café or anywhere outside the premises. Applicant will not operate or advertise any part of the Premises in any way as a nightclub or dance club.

Applicant agrees not to have any “all you can drink” or alcoholic beverage specials of any kind that encourage the excessive consumption of alcoholic beverages.

Applicant agrees to ensure that an ABC Board-approved manager shall be on the premises at all times when alcoholic beverages are being sold or served.

ANC 6B Eastern Market update – November 10, 2009

Commissioner Kenan Jarboe

The following is my report on Eastern Market, based on the EMCAC meeting of October 21, 2009, and subsequent events:

EMCAC held its election of officers. Donna Scheeder was re-elected as Chair, Chuck Burger as Vice-Chair, and Monte Edwards as Secretary. Barbara Eck was elected as Treasurer, defeating Larry Gallo. Tom Kuchenberg was re-elected as the community representative, defeating Larry Janezich a candidate from the 8th Street neighborhood.

The market manager has finalized new regulations for the outdoor vending and pricing details for rental of the North Hall.

The 14 manhole covers with the misspelled of “Capital Hill” rather than “Capitol Hill” are being pre-sold off as collector’s items.

The DC Department of Real Estate Services (DRES) continues to work on certain final constructions issues. A major problem has arisen with the windows. The glass does not filter out enough light – causing damage to the food and flowers inside. Consequently shaded have been installed as a temporary matter. EMCAC has recommended that a lighting engineer be hired to analyze the situation and come up with a permanent solution.

DRES is also working on holiday signage (for Thanksgiving starting Nov 1 and for Christmas starting Dec 1) and a plan for Christmas tree sales.

The Tenants Council has reiterated the need for permanent lease agreements with the vendors. They also raised concerns over the specifics of the design of the tree box areas on the North Plaza. Those concerns will be worked out with DDOT.