Minutes of Regular Meeting
Tuesday, October 13, 2009; 7:00 p.m.
Commissioners Present: Dave Garrison (chairing), Carol Green, Neil Glick, Will Hill, Kirsten Oldenburg.
Also in attendance: ANC6B Executive Director,
Following the introduction of Commissioners, the Chair announced that two items shown on the printed agenda would not be heard in October. He then asked if there were any other changes to the agenda. Being none, the agenda was adopted by voice vote.
Mr. Dennis Connor spoke out on cell phone antennas that are being erected atop an apartment building at 525 G Street SE. Although such antennas are apparently allowed under Section 2706 of the zoning regulations, the permit had not been reviewed by the Historic Preservation Office as is required in a Historic District. In addition, the neighborhood has concerns about possible high levels of emissions of radiation that the FCC says can occur from this type of antenna.
The Chair suggested that the ANC look into the matter and perhaps put it on the next month’s agenda.
Ms Shauna Holmes, CH Restoration Society, announced that the topic of the Preservation Café on October 21 would be “Backyard Archeology.” The program will be from 6:30pm to 7:15pm in the meeting room of Ebenezer’s Coffeehouse, 2nd & F Streets NE.
Commissioner Oldenburg announced that
Commissioner Glick commented on a recent bus tour of national parks located in DC organized by the National Park Service.
Mr. Terry Shelton announced that a
5. Special Election Resolution—SMD 6B03
The Chair introduced a resolution on Special Election Procedures to Fill the Vacancy in SMD 6B03. A lottery, which was held to set the order of candidates on the ballot, resulted in the following order: 1. Caitlin Fennessy, 2. Norman Metzger, and 3. Randy Steer. The Chair moved with a second by Commissioner Green that the Commission adopt the resolution. The Commission voted 5-0 in favor of the motion.
The Commission considered this application at its September meeting and decided to oppose the request, urging the applicant to have a further meeting with the neighbors to provide more opportunity for public comment on the plans. Commissioner Oldenburg reported that the Marines did hold a subsequent public meeting and made many changes to the project plans. The Committee reviewed the plans and recommends that the Commission support the application given the many improvements that have been made to the plans in response to concerns of neighbors.
Mr. David Bell, BellArchitects, represented the USMC. Also present were Lt. Col. Carl C. Henger, Capt. Lisa Lawrence, and Mr. Harry Martin. Mr. Bell told the Commission he had no new information. Two residents—Mr. Carl Cameron and Ms D.S. Pensley—spoke out in opposition to the plans and urged the Commission not to vote to support the application. Two residents handed petitions in favor of the application to the Commission but did not present their positions orally.
After comments from Commissioners Glick, Oldenburg and Garrison, the Commission voted 3-2 in favor of the Committee recommendation.
Commissioner Oldenburg reported that the Committee recommends the Commission support the application. Mr. Xavier Cevera, owner of the new restaurant to occupy the space, was present and stated he had no new information. The Commission voted 5-0 in favor of the Committee recommendation.
Commissioner Oldenburg reported that the Committee recommends that the Commission support the application as long as requested new information is provided and notes that it prefers a brick exterior on the rear addition.
Ms Jennifer Fowler, architect, and Ms Carol Spils, owner,
were present. Ms. Spils provided the
Commission with proof that she had tried to make contact with the owner of the
BZA #17977, 541 14th Street SE—Variance from height requirements, use provision, and side yard requirements to allow a second story addition to an existing accessory building proposed for living quarters in R-4 District.
Commissioner Oldenburg reported that the Committee has no recommendation on this case as the applicant had not been able to provide it with sufficient information on how the case meets the variance tests.
Ms Laure-Anne Badey, owner, was present and presented the Commission with a set of letters from neighbors in support of the case and a letter written by the architect, Mr. David Shove-Brown. Commissioners were not clear whether or not the arguments in the letter satisfied the variance tests. Commissioner Glick moved, with a second by Commissioner Green, that the Commission support the request for a variance. The vote was 2 ayes and 3 nays and the motion failed. No further motion was offered regarding the application. The Commission, thus, is silent (takes no position) on this case.
PS #XXXXX, 527 8th Street SE—Valet Staging Zone for 3 parking spaces adjacent to 527 8th Street SE. All vehicles will be parked in an off-street facility located at 601 L Street SE.
Commissioner Oldenburg reported that the Committee has no recommendation on this case as sufficient information was not available. The applicants have been asked to provide the ANC with a map showing
Neither Mr. Allan Ebert nor Mr. Wold Michael, the
applicants, were present. Thus, the
requested information was not available.
Commissioner Garrison moved (with a second by Commissioner Oldenburg)
that the Commission support the public space application but for no more than
two parking spaces. The Commission voted
5-0 in favor of the motion. Commissioners
noted a concern that these valet services might proliferate along
ZC #09-11—Text amendment to permit retail and service uses by Special Exception in Special Purpose-2 (SP-2) Districts
Commissioner Oldenburg reported that the Committee recommends that the Commission support this text amendment. The Commission voted 5-0 to support the recommendation.
ZC #09-13—Text amendment to Explicitly allow for a BZA Consent Calendar
Commissioner Oldenburg reported that the Committee recommends that the Commission advise the Office of Planning and the Board of Zoning Adjustment that ANC6B supports the creation of a consent calendar process only if it achieves three stated objectives (as specified in the Committee Report). The Commission voted 5-0 in support of the Committee’s recommendation.
Dulce Café & Lounge, LLC, Lic #ABRA-082761,
New Tavern license and a Stipulated license for an occupancy load of 99 patrons with an entertainment endorsement.
Commissioner Green reported that the Committee recommends, by a vote of 4-1, support of the new license contingent upon a signed voluntary agreement and also voted 4-1 to support a Stipulated License contingent upon the applicant abiding with the same conditions as set forth in the voluntary agreement.
The applicants—Mr. and Mrs. Clifton Humphries—were present and suggested two changes to the draft voluntary agreement written by the Committee. Commissioner Oldenburg moved (with a second by Commission Hill) that “seated” be inserted so that the third line of section 2 of the draft reads “… 99 seated patrons…” to be the same as the Certificate of Occupancy and that first paragraph on page 2 be changed to: “Applicant agrees not to have any ‘all you can drink’ or similar alcoholic beverage specials of any kind that encourage the excessive consumption of alcoholic beverages.” The Commission voted 4-1 in favor of the motion.
The Commission voted 3-2 to support the amended Committee Report. However, the applicants decided not to sign the amended VA resulting in the ANC6B protesting the license.
8. Eastern Market Report
The Chair presented the Eastern Market Report, which is attached.
Commissioner Green presented the interim budget for the new
fiscal year 2010 with an announcement that the ANC’s FY2010 allotment has been
reduced by about $2,000. The balance
brought forward from the end of FY2009 is $70,174.53 and the projected ending
balance for FY2010 is $44,938.13. The
budget includes $22,500 to cover office rent for 9 months and $1,000 for moving
expenses. However, as there is still no
land transfer for the
Commissioner Green moved (with a second by Commissioner Glick) that the Commission approve the Interim FY2010 Budget. The Commission voted 5-0 in support of the motion.
10. Quarterly Financial Report
Commissioner Green moved (with a second by Commission Glick) that the Commission approve the 4th Quarter Financial Report. The Commission voted 5-0 in support of the motion.
Commissioner Oldenburg moved (with a second by Commissioner Green) that the Commission approve the minutes of the September 8, 2009, regular monthly meeting. The Commission voted 5-0 to adopt the minutes.
The meeting was adjourned at 9:30 pm.
Prepared by Kirsten Oldenburg Attest: _____________ .
Agenda, as adopted
Planning & Zoning Committee Report
ABC Committee Report
Eastern Market Report
1. Adoption of Agenda
2. Community Speakout
3. Community and Commission Announcements
5. Special Election Resolution – SMD 6B03
6. Planning and Zoning Committee
(These items will also be considered by the P & Z Committee on October 6, 2009)
HPA # 08-318,
HPA # 09-422,
HPA # 09-425,
· BZA # 17977, 541 14th Street, SE – Variance from height requirements, use provision, and side yard requirements to allow a second story addition to an existing accessory building proposed for living quarters in R-4 District
· ZC # 09-11, Text amendment to permit retail and service uses by Special Exception in Special Purpose-2(SP-2) Districts
· ZC # 09-13, Text amendment to Explicitly allow for a BZA Consent Calendar
7. ABC Committee
(These items will also be considered by the ABC Committee on October 8, 2009)
Dulce Café & Lounge, LLC, Lic. #
8. Eastern Market Report
9. Interim FY2010 Budget
10. Quarterly Financial Report
11. Approval of Commission Minutes
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: email@example.com, website: www.ancb6.org.
Next Meeting: November 10, 2009
October 6, 2009
Present: David Garrison, Carol Green,
HPA # 08-318, 821 G Street SE—Revised Plans for Security Upgrades at USMC Commandants House
Mr. David Bell, BellArchitects, made the presentation. He was accompanied by Barracks officials: Lt. Col. Carl C Henger, Executive Officer; Major Peter Dahl, Logistics Officer; Capt. Lisa Lawrence, Public Affairs; and Mr. Harry Martin. Mr. Bell reviewed all the changes to the Commandants House security upgrade plans that had evolved from a Community Meeting hosted by the Barracks on September 21. ANC6B had voted at its September 8, 2009, meeting to oppose the HP application, based on the previous plans.
The changes since September include: removal of cement
planter boxes; lowering of the height of a new fence in front of the House;
removal of bollards from the sidewalk corners at 8th and 9th
Streets SE and their replacement behind the new fence, hidden among
landscaping; and removal of 3 new lamp posts along the curb. In addition, two guard booths have been moved
from the extreme edges of the block into the landscaped areas and closer to the
house entrance. They have also been set
back closer to the garden walls and, thus, further from the sidewalk along
In response to a question from Commissioner Green, Mr. Martin stated that the construction is slated to begin in September 2010 and to end by May 2011 when the Summer Parade events begin. Commissioner Garrison asked what type of threats certain elements of the plan (such as the bollards and fence) were designed to mitigate. The intent is to slow down an individual’s ability to climb or jump over the fence or a vehicle
from crashing into the house.
In advance of and at the meeting, the Commission had received emails or letters from residents either in support (10 individuals) or opposition (12) to the revised plans. At the meeting, eight residents and 1 business owner spoke. One neighbor asked the Barracks officials if they would accept additional suggested changes to the plans and provide documentation of the need for enhanced security measures. Others either spoke in opposition or support. Those opposed questioned the need for added security, were concerned for their property values, or were simply opposed to any changes whatever the reason. Those in support generally appreciated that the Barracks had listened to the concerns of the neighborhood by making the revisions or thought the current plans a good compromise between the needs of the neighbors and the Barracks.
The Committee commends the Barracks officials for delaying their HPRB hearing so that the neighbors could be better informed about their plans. This is a step that the ANC had suggested in September. The Commission also appreciates all the improvements that have been made in response to the neighbors. Overall, the revised plan lessens the impact of the security elements and provides a better balance between preservation of the neighborhood and the setting of this historic building with the security directives of the military. The Committee recommends that the Commission support the application.
Xavier Cevera made the presentation. He has leased the building, which sits on the southwest corner of 8th and E Streets SE, from the current owner and plans to open a restaurant—Chesapeake Room—in the space. Prior to this meeting, Mr. Cevera has informally met with several ANC6B Commissioners, CHRS, and Amanda Molson of DC’s HP office.
Mr. Cevera provided the Committee with letters of support from CHRS and Barracks Row to the Public Space Committee and concept drawings of the proposed front and side elevations. Mr. Cevera stated that an awning and 3 bay windows (2 in front and 1 at the side of the building), which were apparently added in the 1970s, have been removed. However, plans are to replace the 2 front bays and add a large outdoor seating area on the E Street side of the building. In addition, 4 doors will be added on the E Street side of the building, aligned with 4 existing windows (currently boarded up). The sidewalk café area will be enclosed by a fence with vertical elements and covered by an awning. At the rear of the outdoor café, a trash area will be hidden behind a wooden fence and shrubs will be added to soften the view. (The building has no rear alley access.)
In addition to gaining historic preservation approval for the changes to the exterior of the building, Mr. Cevera will need a public space permit for the sidewalk café. There do not appear to be any zoning issues. The Committee recommends that the Commission support the application.
Ms Jennifer Fowler, architect, made the presentation and was accompanied by the owner, Ms Carol Spils. The proposed 2-story addition of 129.8 square feet will add 3’8” to the rear of the existing building and close the existing side court (dog leg). The resulting lot coverage will be 60 percent (up from 50 percent). Currently the rear exterior of this brick dwelling is covered with vinyl siding; the addition will be faced in brick unless the HPO requests siding. Ms Fowler believes that the modest size of the addition will not require it to be set off visually from the original building.
Ms. Fowler presented letters from 651 A St SE, the abutting neighbor on the west side, and from 632 Brown’s Court in the rear. Also presented was proof that a certified letter had been sent to the listed owners of 647 A St SE, an apparent vacant house. Commissioner Jarboe asked that a letter from the property directly behind in Brown’s Court be provided at the ANC meeting on October 13th.
The Committee recommends that the Commission support the application as long as the requested new information is provided and notes that it prefers a brick exterior on the rear addition.
BZA #17977, 541 14th Street SE—Variance from height requirements, use provision, and side yard requirements to allow a second story addition to an existing accessory building proposed for living quarters in R-4 District
Mr. David Shove-Brown, architect made the presentation and
was accompanied by the property owner, Ms Laure-Anne Badey. The existing two-story row house of 579
square feet per floor sits on a lot that is 13 feet wide and 130 feet deep, and
including a detached garage, currently occupies 58% of the lot. The owners wish to add space to accommodate
in-laws, who visit often from
The applicant provided letters from owners of #531, #543,
Mr. Allan Ebert, of U Street Parking, and Mr. Wold Michael,
who manages the existing
Mr. Ebert said that DDOT is asking them to occupy 3 parking
spaces or, at least, a minimum of 2 spaces.
The current valet service (for Cava, Belga, and Jordan’s) operates on
the east side of
Commissioners expressed concern that this process is being
conducted without the input of other businesses along Barracks Row and,
especially, its relocation to the west side of
The Committee asked Mr. Ebert to bring a map and pictures of the proposed valet service area to the ANC meeting on October 13th. Because this key information was not available at the Committee meeting, the Committee has not made any recommendation to the Commission on this application.
ZC #09-11—Text amendment to permit retail and service uses by Special Exception in Special Purpose-2(SP-2) Districts
The Office of Planning is seeking a text amendment to permit by special exception certain retail or service uses on or below the ground floors of SP-2 District properties located south of M Street N.W. and N.E. The permitted retail or service uses would be restricted to those allowed in 11 DCMR §§ 701.1 through 701.5. A minimum parking space requirement for the proposed special exception use would be added to § 2101.1.
As far as the Committee is aware, there is only one SP-2 District within the boundaries of ANC 6B which is located on the east side of the 200 block of First Street SE, Square 731. The site is currently occupied by the Library of Congress Madison Building. Should the site ever be occupied by some other use, the Committee believes that ground floor retail would be appropriate on this site. Therefore the Committee recommends that the ANC support this text amendment.
The Office of Planning has proposed a text amendment the purpose of which is to permit the Board of Zoning Adjustment to use a "consent calendar" procedure to decide several categories of cases (additions, including accessory structures, parks, swimming pools and playgrounds) where the circumstances of the case are non-controversial. Disposition of these consent calendar cases would be based upon staff recommendations and thus would not need formal hearings, thus reducing the BZA's workload. Our Commission is familiar with the consent calendar process used by the Historic Preservation Review Board and has found it a workable procedure as overseen by the Historic Preservation Office. Thus, in principle, the Committee is disposed to be supportive of the BZA having access to a similarly flexible tool to help reduce the burden on the Board.
It is not clear to the Committee that the details of the Office of Planning's proposed consent calendar process are workable. The Committee is concerned that OP's proposal sets forth unworkable deadlines and precludes organizations such as the Capitol Hill Restoration Society from have the standing to remove a case from the consent calendar. Moreover, OP's proposal appears to have inconsistencies built in, such as requiring objections to be made to cases 10 days in advance but ANC reports with recommendations be made 7 days in advance. Often our Commission's decisions at our regular monthly meetings do not fall 10 days before BZA hearing dates.
Rather than critique each step in the proposal and describe examples of how it may not work, the Committee recommends that the Commission advise OP and the BZA that ANC 6B supports the creation of a consent calendar process only if it achieves the following objectives:
* Permits non-controversial cases to move through to BZA approval based upon staff review without the necessity of holding formal hearings;
* Guarantees that objections to the placement of a case on a consent calendar may be made by ANCs, Councilmembers, abutting residents, other parties in interest, and community organizations, and that when such objections are lodged in a timely manner, they are automatically removed from the consent calendar and put down for a hearing; and
* Provides realistic, workable deadlines for ANCs and others individuals and organizations seeking to comment on cases before the BZA so that these entities have sufficient time to file objections before decisions about what cases are to go on to the consent calendar are made final.
Report and Recommendations
October 8, 2009
Present: Mary Wright (chair), Ken Jarboe, Carol Green, Kirsten Oldenburg, and
Dave Garrison and staff assistant
Dulce Café &
Lounge, Lic. #ABRA 082761,
Applicant is seeking a new CT and a Stipulated License with
an entertainment endorsement for
The restaurant will serve lunch, dinner and eventually brunch. Private events, such as fundraisers, social networking mixers, birthday parties, wedding receptions, anniversary and retirement parties, company or government office events, and individual holiday parties, will be limited to two times a month. A DJ or small band will be allowed at these events. Otherwise, music will be limited to recorded music, jukebox, microphone, and karaoke and will not be audible outside the premises. There will be no dancing or cover charge. Applicant agrees to enclose the back second floor balcony and will not use it until it is enclosed. The back stairway will only be used by employees except in an emergency. The Establishment shall not exceed 99 patrons with a sidewalk café for six patrons. The hours of operation would be Sunday-Thursday, 7am-12 am; Friday and Saturday 7 am-1 am. There will be no service on the sidewalk café Sunday-Thursday after 11pm and 1 am Friday and Saturday.
By a vote of 4-1, with Commissioner Green dissenting, the ABC Committee recommends support of the new license contingent upon a signed voluntary agreement, and also voted 4-1 to support a Stipulated License contingent upon the applicant abiding with the same conditions as set forth in the voluntary agreement.
ANC 6B Eastern Market update – October 13, 2009
The following is my report on Eastern Market, based on the
EMCAC meeting of
The market manager and EMCAC are finalizing new regulations for the outdoor vending, including looking at the extensive comments from the Tenants Council. The market manager is also working on pricing details for rental of the North Hall, based on multiple comments form EMCAC, including a request to simplify to pricing schedule and clarify what type of groups qualify for what rate especially non-profit and community groups. As part of the review of the North Hall rental rates, EMCAC once again asked for more detailed financial information which the Finance Committee could review.
The market operations committee is also conducting a review of market manager’s and the city’s reporting requirements. Under statute, they are to report certain information to EMCAC on a regular basis.
The manhole covers for the streetscape continue to be an issue. On some of them the location is spelled “Capital Hill” rather than “Capitol Hill.” The contractor will replace the mis-spelled covers, and the incorrect one may be auctioned off as collector’s items.
The DC Department of Real Estate Services (DRES) continues to work on certain final constructions issues. Most notably is the lowering of the deli cases inside the South Hall. In addition, new work will begin on renovating/restoring the old market manager’s office on the 2nd floor.
The contract for the assistant market manager expired at the end of September. After an open solicitation DRES awarded a contract to Aspen Personnel and their proposed assistant manager, Jennifer Eubank, the current incumbent.
All of the equipment in the old East Hall has been sold. No word yet as to when the building will be removed.
On Saturday, October 17 there will be a showing of a new documentary video Eastern Market: The Rebuilding sponsored by the Capitol Hill Community Foundation Eastern Market Fund. The showing will be at in the North Hall.
 As the Committee Chair was still recuperating from surgery, the report was read by the Vice-chair.
 The ABC Committee Chair, Commissioner Wright, was absent from the meeting because of illness.
 The ANC’s representative to EMCAC was absent because of illness.
 Committee Chair Commissioner Francis Campbell was unable to attend as he is still recuperating from surgery.