Minutes of Regular
Meeting
Tuesday, November
9, 2010; 7:00 pm
ATTENDANCE
Commissioners Present: Francis Campbell, David Garrison (chairing), Carol Green, Neil Glick, Will Hill, Kenan Jarboe, Norman Metzger, Kirsten Oldenburg, Michael Patterson, and Mary Wright.
Commissioners Absent: none
Also in attendance: ANC6B Staff Assistant, Bert Randolph.
1. Adoption of Agenda
Following the introduction of Commissioners, the Chair announced that the Office of Unified Communications had cancelled its presentation on the 311 service. The revised agenda was adopted by voice vote.
2. Community Speakout
Mr. Tom Riehle,
3. Community and Commission
Announcements
Commissioner Oldenburg announced that the Marine Barracks CIMP process will be holding two events to gather community input for a planned Request for Proposals on development of a new Bachelor Enlisted Quarters. Both events (November 30 and December 7) will be at the North Hall of Eastern Market.
Commissioner Oldenburg announced two upcoming CHRS events: (1) a presentation “Architecture, Architects, and Builders of Hill East.” November 10 from 6:30pm to 8:30pm; and (2) Walking Tour of Hill East Alleys: “Where Once There Were Dwellings.” November 13, 1pm to 2:30pm.
Commissioner Metzger announced that the Commission’s Retail Mix Task Force would hold its first Community meeting on December 6, 2010, at 6:30pm. The location is still to be decided.
4. Presentation
None
5. ABC
Committee
The
Commission considered nine applications for renewals of liquor licenses, eight
of which had been reviewed by the ABC Committee on November 4, 2010.
Cava Restaurant, Lic # ABRA-081014, CT,
Lola’s, ABRA-079676,
Commissioner Wright reported that since neither establishment was represented at the ABC Committee meeting and no objections or concerns from the community were raised, the ABC Committee recommends that the ANC take no position on either license renewal. No one was present to represent either establishment, and the Commission voted 8-0[1] in support of the recommendation.
Bachelor’s Mill/Back Door Pub,
Lic # ABRA-011277, CT,
Commissioner Wright reported that the Committee had no recommendation on this renewal since the representatives had arrived late to the committee meeting. Mr. Carlton Robinson was present and stated there were no plans to make any changes to the establishment and its operations. Commissioner Garrison noted that the ABRA Investigative Report received by the Commission included a number of cases involving intoxicated persons, assaults, and injured persons. Commissioner Green asked Mr. Robinson about several calls for police service in a report the ANC had received from MPD covering the last two years, including several incidents in 2010. Mr. Robinson stated that the security system the establishment had set up deals with these problems.
Commissioner
Glick (with second by Commissioner Campbell) moved that the Commission take no
position on the renewal. Commissioner
Jarboe (with second by Commissioner Green) offered a motion in the nature of a
substitute that the Commission vote to protest the license renewal pending a
signed Voluntary Agreement that deals with concerns raised on security plans
and operations by the establishment. The
Commission voted 8-0, with Commissioners Patterson and Hill abstaining, on the
substitute motion and then voted 8-0, with Commissioners Patterson and Hill
abstaining, on the amended motion.
Remington’s, Lic # ABRA-9238, CN,
Commissioner Wright reported that upon no objections or concerns from the community, the ABC Committee recommends that the ANC support the license renewal contingent upon a signed voluntary agreement. No representative of the establishment was present. Commissioner Green moved (with a second by Commissioner Glick) that the recommendation be changed to read: “The ANC supports the license renewal and asks for an updated signed voluntary agreement.” The Commission voted 10-0 to support the amendment and voted 10-0 to support the license renewal.
18th Amendment, Lic #
ABRA-072633, CT 01,
Commissioner Wright reported the ABC Committee recommends that the ANC support the license renewal contingent upon a signed voluntary agreement. Mr. Mark Menard was present and stated there was no new information. The Commission voted 10-0 in support of the Committee recommendation.
Pour House, Lic # ABRA-025897,
CT 02,
Commissioner Wright reported the ABC Committee recommends that the ANC support the license renewal contingent upon a signed voluntary agreement. Mr. Mark Menard was present and stated there was no new information. The Commission voted 10-0 in support of the Committee recommendation.
Trusty, Lic # ABRA-071352, CT 01, 1420 Pennsylvania Avenue, SE
Commissioner Wright reported the ABC Committee recommends that the ANC support the license renewal contingent upon a signed voluntary agreement. Mr. Mark Menard was present and stated there was no new information. The Commission voted 10-0 in support of the Committee recommendation.
The Capitol Lounge, Lic # ABRA-023601, CT 02, 229 Pennsylvania Avenue, SE
Commissioner Wright reported the ABC Committee recommends that the ANC support the license renewal contingent upon a signed voluntary agreement. Mr. Joe Engler was present and stated there was no new information. The Commission voted 10-0 in support of the Committee recommendation.
Jordan’s, Lic # ABRA-076290, CT
02, 523 8th Street, SE
Commissioner Wright reported the ABC Committee recommends that the ANC support of the license renewal contingent upon a signed Voluntary Agreement. After some discussion Commissioner Jarboe moved (with a second by Commissioner Wright) that the Committee recommendation be amended to read “protest” rather than “support” and that ANC6B’s ultimate support would be contingent on a VA that “addresses noise and security concerns.” The Commission voted 10-0 in support of the motion and then 10-0 in support of the amended Committee recommendation.
The
Commission then considered applications for CR licenses for two new restaurants
that had been reviewed by the ABC Committee on November 4, 2010. The owners plan to locate both restaurants at
the same address.
Moby Dick Grill, Lic # ABRA-085584, CR, 524 8th Street, SE,
ground floor
Commissioner Wright reported the ABC Committee recommends that the ANC protest the application as it would have an adverse impact on peace, order and quiet, as well as on residential parking, and would significantly add to the over concentration of liquor licenses in the area.
Mr. Simon Osnos, owner, was present and stated that a meeting had been arranged with neighbors and that the owners had offered conditions for a Voluntary Agreement including (1) changing the closing hours from 1:00 am daily to 11:00 pm weekdays and 11:30 pm weekends, (2) reducing the number of seats to 76, and (3) promising to reduce any noise at the rear of the establishment. Commissioner Garrison asked one of the protesting neighbors who had attended the meeting if these conditions were sufficient for the group to remove its recommendation that the Commission protest the license. Dr. Chang stated they were not and that her group still plans to protest. Other residents also stated they were still opposed to the new license.
The Commission voted 9-0, with Commissioner Patterson abstaining, to support the Committee recommendation.
Nooshi, Lic # ABRA-085618, CR, 524 8th Street, SE, second
floor
Commissioner Wright reported the ABC Committee recommends that the ANC protest the application for the same reasons as for the Moby Dick application. Ms Vanessa Lim, owner of the building since November 1, 2010, was present and stated she wanted to compromise with the neighborhood.
Several residents, including Mr.
Carl Cameron and Greg Selfridge, spoke in opposition to the new license. Mr. Mark Menard,
Commissioner Glick said that 210 seats means the building will house the largest restaurant on Barracks Row. Commissioner Metzger suggested there may be sensible alternatives. Commissioner Green said that the protest process includes mediation where such options might be found. Commissioner Garrison noted that he dissented from the Committee recommendation but has changed his mind. However, the Commission will have to present a cogent appeal to the ABC Board to prevail and the outcome will have a bearing on future protests.
The Commission voted 9-0, with Commissioner Patterson abstaining, to support the Committee recommendation.
6. Planning & Zoning Committee
HPA # 10-XXX, 627 G Street, SE – Two-story rear addition
Commissioner Campbell reported that the Committee recommends the Commission approve the project. Ms Faye Hegburg, owner, was present and stated there was no new information. The Commission voted 8-0 in support of the Committee recommendation.[2]
PS
Commissioner Campbell reported that the Committee recommends the Commission support the public space permit since the Fire Department and Verizon had found a way to avoid parking problems. No one was present to represent the parties involved. The Commission voted 9-0 in support of the Committee recommendation.[3]
PS
Commissioner Campbell reported that the Committee had no recommendation on this case as no one appeared to provide information on the case. The application did not appear before the Commission and the case was removed from the agenda.
BZA:
Commissioner Campbell reported that the Committee has no
recommendation on this case for reasons stated in the Report. The owner of the property did not appear
before the Commission. Mr. Mark
O’Donnell,
After some discussion, Commissioner Glick moved (with a second by Commissioner Metzger) that the Commission support the CHRS appeal of the Zoning Administrator’s action in this case, request that a Stop Work Order be issued, and authorize the Chair to appoint representative(s) to appear before the Board of Zoning Appeal when the case is heard. The Commission voted 10-0 in favor of the motion.
ZC # 08-06, Comprehensive Zoning Regulations Review:
Chapters B-15, B-16 & B-17
Commissioner Campbell reported that the Committee recommends the Commission support the proposals since new provisions have removed earlier concerns expressed by ANC6B. The Commission voted 10-0 in support of the Committee recommendation.
7. Resident Member Committees
The Commission considered several nominees to serve as Resident Members of the Commission’s Retail Mix Task Force. The Commission voted 10-0 in favor of a motion by Commissioner Campbell (seconded by Commissioner Patterson) to appoint Elizabeth Eby (resident of SMD 6B04), Claudia Holwill (resident of SMD 6B03), Scott Kratz (resident of SMD 6B04), and Tony Taylor (resident of SMD 6B07) as Resident Members of the Retail Mix Task Force.
8. Eastern
Market Report
There was no Eastern Market Report as no ANC6B representative had been able to attend the October EMCAC meeting.
9. Quarterly Financial Report (Year End)
Commissioner Green stated that the Commission is not
required to file a full year report, however, she completed one to inform the
ANC and community on ANC6B’s financial position. She noted that ANC6B’s
allocation for FY 2010 had totaled just over $29,000 and the Commission spent
about $40,000. The biggest expense was office rent, which ANC6B had saved
for in advance knowing the Commission would be displaced from the
In the fourth quarter the Commission received $14,652.29 and disbursed $8,196.74 for a balance of $66,234.63. In response to Commissioner Jarboe’s question, Commissioner Green replied that the Commission had received two quarters worth of allotments in the fourth quarter.
The Commission voted 10-0 in favor of a motion by Commissioner Green (seconded by Commissioner Jarboe) to adopt the Fourth Quarter Financial Report, covering July-September 2010.
10. Commission
Minutes
No minutes were available for adoption.
11.
Adjournment
The meeting was adjourned at 9:45 pm.
Prepared by Kirsten Oldenburg Attest:
_____________ .
Attachments:
Agenda, as adopted
ABC Committee Report
Planning & Zoning Committee Report
Quarterly Financial Report (Year End)
Meeting Agenda
Location: 535 8th Street, SE
The People’s Church
November 9, 2010 – 7:00 PM
Note: Due to the Election the Planning and Zoning meeting has been
moved from November 2nd to 7:00 p.m., Wednesday, November 3rd at the
Agenda
1. Adoption of Agenda
2. Community Speakout
3. Community and Commission Announcements
4. Presentation
5. ABC Committee
(These items will also be considered
by the ABC Committee on November 4, 2010 at the new meeting location: Southeast Neighborhood Library at
Renewal of license
·
18th Amendment, Lic # ABRA-072633, CT
01,
·
Bachelor’s Mill/Back Door Pub, Lic #
ABRA-011277, CT 02,
·
Cava Restaurant, Lic # ABRA-081014, CT 02,
·
·
Lola’s, Lic # ABRA-079676, CT 01,
·
Pour House, Lic # ABRA-025897, CT 02,
·
Remington’s, Lic # ABRA-9238, CN,
·
The Capitol Lounge, Lic # ABRA-023601, CT 02,
·
Trusty, Lic # ABRA-071352, CT 01,
New License
·
Moby Dick Grill, Lic # ABRA-085584, CR,
o Middle Eastern cuisine restaurant and grilled kabob. Occupancy: Inside 99, Sidewalk 30 patrons
§ Hours of sales: Sunday through Saturday 10:00 a.m. – 1:00 a.m.
§ Sidewalk café sales hours: Sunday through Saturday 10:00 a.m. – 1:00 a.m.
·
Nooshi, Lic # ABRA-085618, CR,
o Fusion Asian Restaurant and Sushi Bar. Occupancy: Inside 106.
§ Hours of sales: Sunday through Saturday 10:00 a.m. – 1:00 a.m.
6. Planning and Zoning Committee
(These items will also be
considered by the P & Z Committee on Wednesday, 7 PM, November 3,
2010. The Committee will meet in the
cafeteria of the
·
HPA # 10-XXX,
·
PS
· PS # 56312, 257 15th Street, SE – Prepared Food & Deli, Sidewalk Café with 4 folding picnic tables (72” long x 57” wide x 29” high), 3 square tables (24” x 24” x 29”) and 1 round table (54” diameter x 29” high), 6 umbrellas
·
BZA:
· ZC # 08-06, Comprehensive Zoning Regulations Review: Chapters B-15, B-16 & B-17
7. Resident Member Committees
· Retail Mix Taskforce
o Elizabeth Eby SMD 6B03
o Claudia Holwill SMD 6B03
o Scott Kratz SMD 6B04
o Tony Taylor SMD 6B07
8. Eastern Market Report
9. Quarterly Financial Report (Year End)
10. Approval of Commission Minutes
11. 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: December 14, 2010
ABC COMMITTEE
South East Neighborhood Library
Report and Recommendations
November 4, 2010
Commissioners in
attendance: Commissioners Mary Wright (chairing), Carol Green, David
Garrison, Ken Jarboe, Kirsten Oldenburg, Norman Metzger, along with Steve
Sinclair, Resident Member from 6B04, and Bert Randolph, Executive Assistant
Renewal of license
Licenses for the following establishments are up for renewal:
Cava Restaurant, Lic
# ABRA-081014, CT 02,
Lola’s, Lic #
ABRA-079676, CT 01, 711 8th Street, SE
Since there was no representation from these establishments and
no objections or concerns from the community, the ABC Committee recommends that
the ANC take no position on their license renewal
Bachelor’s Mill/Back
Door Pub, Lic # ABRA-011277, CT 02,
Given that the owner arrived at the end of the meeting, the
ABC Committee recommends that the ANC review the renewal at the
regularly-scheduled November ANC meeting.
Remington’s, Lic #
ABRA-9238, CN, 639 Pennsylvania Avenue, SE
Steven Smith is seeking a license renewal with no changes. Upon no objections or concerns from the community, the ABC committee recommends that the ANC support the license renewal contingent upon a signed voluntary agreement
18th
Amendment, Lic # ABRA-072633, CT 01,
Pour House, Lic #
ABRA-025897, CT 02,
Trusty, Lic #
ABRA-071352, CT 01,
Mark Menard represented all three establishments for license renewals with no changes. Upon no objections or concerns from the community, the ABC committee recommends that the ANC support the license renewal contingent upon a signed voluntary agreement.
The Capitol Lounge,
Lic # ABRA-023601, CT 02,
Mark Menard represented the owner. The committee recently learned that the owner did not receive adequate notice of the meeting. He will attend the regularly-scheduled November ANC meeting to address any concerns. Upon no objections from the community, the ABC recommends that the ANC support the license renewal contingent upon a signed voluntary agreement.
Jordan’s, Lic #
ABRA-076290, CT 02, 523 8th Street, SE
Jordan Cappola, owner, is seeking a license renewal with no
changes. There were several complaints
from the community about noise emanating from the establishment late at night
and that it may be operating as a nightclub on the weekends. Mr. Cappola denies that he runs a
nightclub. He says that music is from an
IPod or a laptop, that there is no cover charge, and he has a DJ or live music
on two weekends a month. Community
members also expressed concern that large organized groups were showing up at
The ABC committee recommends a stronger Voluntary Agreement to further define the conditions between the ANC and Jordan’s. The ABC committee recommends support of the license renewal contingent upon a signed Voluntary Agreement.
New License
Moby Dick Grill, Lic
# ABRA-085584, CR,
Applicant is seeking a new license for a Middle Eastern
restaurant featuring grilled kabobs. The
interior would seat approximately 99 patrons and a sidewalk café would seat 30
patrons. The proposed hours of sales are
Sunday through Saturday
Present were a significant number of members of the local community in opposition of the proposed restaurants (Moby Dick and Nooshi) citing an overconcentration of restaurants already on 8th Street and an adverse impact on quality of life issues. One community member presented a petition with 76 signatures in opposition to the restaurant and another community member presented a petition with 25 signatures.
Grounds for a protest include:
1) Adverse impact on peace, order, and quiet
2) Adverse impact of real property values
3) Adverse impact on residential parking and safety
4) Overconcentration of liquor licenses
Many community members believe that
There were also some supporters of the restaurant stating that they would welcome the additional choices in cuisine.
ANC 6B has for some years been concerned about the loss of retail and concentration of licensed establishments along Barrack’s Row. Earlier this year the Commission created a task force charged with considering the options available to the community in sustaining a mix of retail along this and nearby commercial corridors. One possible option would be requesting that the ABC Board approve a moratorium on further liquor licenses in areas with high concentrations of such businesses. The Commission is aware that opposition to requests for more bars and restaurants along Barrack’s Row from nearby residents has been growing steadily over the past several years.
The Committee concludes that this large, licensed restaurant would have an adverse impact on peace, order and quiet, as well as on residential parking, and would significantly add to the overconcentration of liquor licenses in this area. For these reasons, the Committee recommends that the Commission protest this application. Commissioner Garrison dissents from this recommendation, arguing that he would prefer to take on the issue of a possible moratorium on licenses and stop the flow of such applications for the time being.
Nooshi, Lic #
ABRA-085618, CR,
Applicant is seeking a new license for a Fusion Asian
Restaurant and Sushi Bar. The interior
would seat approximately 106 patrons.
The proposed hours of sales are Sunday through Saturday
There were several members of the community in opposition of
the proposed restaurant citing an overconcentration of restaurants already on
and another community member presented a petition with 25 signatures.
Grounds for a protest include:
1) Adverse impact on peace, order, and quiet
2) Adverse impact of real property values
3) Adverse impact on residential parking and safety
4) Overconcentration of liquor licenses
Many community members believe that
There were also some supporters of the restaurant stating that they would welcome the additional choices in cuisine.
The Committee concludes that this large, licensed restaurant would have an adverse impact on peace, order and quiet, as well as on residential parking, and would significantly add to the overconcentration of liquor licenses in this area. For these reasons, the Committee recommends that the Commission protest this application. Commissioner Garrison dissents from this recommendation, arguing that he would prefer to take on the issue of a possible moratorium on licenses and stop the flow of such applications for the time being.
Report
of the Planning & Zoning Committee
Caesar Chavez
Public Charter
School
714-
722 11th Street, SE
November 3, 2010
7:00 pm
Commissioners
present: Francis Campbell, Chair; Kirsten Oldenburg, Vice Chair, David
Garrison, Ken Jarboe, Carol Green, Norman Metzger, Neil Glick and Bert
Randolph, Executive Assistant
HPA # 11-034,
Alan & Faye Hegburg propose to remove an existing rear two (2) story addition and replace it with a new rear two story addition with basement. The new addition will not be visible from the street. There is no interior rear alley that will permit views of the new addition. The existing stucco wall of the existing rear addition will be removed and replaced by a fiberglass reinforced stucco. The property is zoned R5B and is in the historic district. There has been no discussion with HPRB regarding the 19th century addition to the existing house but the owners state that this may not be a contributing structure.
Owners have talked with adjacent neighbors and have letters of support. The
Committee has no concerns at this time and recommends approval of this project
to the full ANC.
PS
The Committee has received word that all parties have come to an agreement regarding their concerns and issues and that there need be no further consideration by the Committee on this matter and ask for the support of the full ANC.
PS # 5612, 257 15th
Street SE - Prepared Food & Deli, Sidewalk Cafe with 4 folding picnic tables
(72" long X 29" high), 3 square tables ( 24" X
24"X29") and (1) One round table (54"diameter X 29" high),
6 umbrellas.
The applicant did not appear before the Committee. There was no hearing or discussion, therefore the Committee makes no recommendation pending appearance and further information by the applicant to the full ANC.
BZA # 18154, 1363
Appearing, Gary Peterson representing CHRS and Mark O'Donnel
of
Mrs. Donovan elected not to appear before the Committee but sent a letter stating she had a building permit and citing the Fair Housing Act 42 U.S.C., SSS 3601-3619 as the basis for her being able to build and requesting that the P&Z Committee remove her from its agenda.
At this time there appear to be considerable questions regarding the legality and applicability of the statute in this case and the Committee will send a letter to the applicant requesting her appearance before the full ANC to address the concerns of the P&Z Committee and the full ANC.
The Committee therefore has no recommendation at this time without additional information.
ZC # 08-06,
Comprehensive Zoning Regulations Review: Chapters B-15, B-16 & B-17
As part of the ongoing re-write of the zoning regulations, the Office of Planning has formulated new proposals on parking, bicycle parking, and loading. The proposed parking chapter provides general rules for the provision of parking spaces, including the creation of new rules for parking maximums and requirements for car share spaces. While the proposal includes a requirement for parking minimums, the actual number of required spaces is not set out in this proposal. Instead, that requirement will be set according to zoning district (i.e.R-4, C-2-A, etc).
The Zoning Commission considered an earlier version of these proposals in July of 2008. At that time, ANC 6B raised a number of concerns. Specifically, the ANC objected to the complete elimination of parking minimums in residential areas (on the grounds that it would lead to greater parking congestion in residential areas), the restrictive definition of the car-sharing requirements, and the creation of a transportation fund that would allow developers to buy their way out of parking requirements. This last proposal was especially worrisome as it would concentrate the potential pain of parking congestion on the most immediately impacted neighbors while providing only minimal benefit to the city as a whole.
The new proposals have eliminated these objectionable items. In addition, the new proposal creates a workable special exception process to allow for needed flexibility in implementing the requirements.
Since the ANC's earlier objections have been addressed, the Committee recommends that the full ANC support the proposal.
