Minutes of Regular
Meeting
Tuesday, October
12, 2010; 7:00 pm
ATTENDANCE
Commissioners
Present: Francis Campbell, Carol Green, Neil Glick, Will Hill, Kenan Jarboe
(chairing), Norman Metzger, Kirsten Oldenburg, and Mary Wright.
Commissioners Absent:
Dave Garrison and Michael Patterson
Also in attendance: ANC6B Staff Assistant, Bert Randolph.
Following the introduction
of Commissioners, the Chair proposed several changes to the agenda, including
the addition of two items: Zoning Case #08-06-13 (Mixed Use Zones) and adoption
of an interim FY2011 budget. The revised
agenda was adopted by unanimous consent.
Commissioner Jarboe announced that the Commission will hold
a Special Call Meeting on October 26, 2010, to discuss and possibly act on the
proposed Barney Circle Historic District.
In addition, Commissioners Campbell and Patterson will host a community
meeting on the subject on October 18.
Commissioner Jarboe announced that ANC6B had received its
Audit conducted by the Office of the District of Columbia Auditor for “Fiscal
Years 2008 through 2010, as of March 31, 2010.”
Commissioner Jarboe read conclusion of the report, which said, in part:
“The Auditor’s examination of ANC 6B’s financial accounts, books, and records
revealed that ANC 6B substantially complied with all relevant provisions of the
Advisory Neighborhood Commissions Act of 1975, as amended, Financial Management
Guidelines issued by the Office of the District of Columbia Auditor, and legal
opinions issued by the Office of the Attorney General.”
Commissioner Jarboe announced that the ANC6B Special
Committee on Retail Mix had produced a background paper, which was publicly
available. He cautioned, however, that
the document was for informational purposes only and that there would be no
action taken by the Commission on the document this evening. Commissioner Jarboe further stated the
Special Committee plans on holding opening hearings on various aspects relating
to the topic. Commissioner Metzger added
that a public discussion session of liquor license moratoria was planned for
early December 2010.
Mr. Bill Phillips, Chair of the Board of CHAMPS, announced
that that CHAMPS was developing a study on a Vision for Neighborhood Commercial
Activity. The study will run from
December 2010 to June 2011 and will include a series of public discussion
meetings.
Commissioner Metzger announced that he was hosting a
community meeting on plans to renovate The Maples, formerly known as Friendship
House. The meeting will be held on
October 14, 2010.
Ms Laura McSorley, resident living near 15th
&
Ms Barbara Riehle, resident, announced that the Eastern
Market Metro Community Association was hosting a candidates Meet & Greet at
Eastern Market North Hall, October 20, 2010, from 6pm to 8pm. She also announced there will be a School
Board candidates event at
Mr. Scott Kratz, resident on I Street SE, noted that, while
the growth of restaurants along Barracks Row (BR) was a good, it was coming at
the expense of residents and retail establishments. He suggested the Commission consider
establishing a liquor license moratorium on new licenses for the blocks of
Ms Helene Quick, resident on
Dr. Yoonmee Chang of
Commissioner David Holmes, ANC6A, called attention to the
latest issue of the CHRS newsletter and its article on ANCs written by 6B
Commissioner David Garrison. He also
announced that CHRS’ next Preservation Café would be on “What to Expect from an
Architect.”
Mr. Larry Janezich, resident, asked the ANC to be more
transparent, more inclusive.
Mr. Tom Riehle, resident, suggested that Commissioner Garrison’s
recent testimony before a DC Council Roundtable on the
4. Presentation
Ms Panchot presented Up with People’s plans for several
events in DC involved 90 students from all over the world. Two performances—“A Song for the World”—will
occur on Friday, October 22 and Saturday, October 23, at Columbia Heights Educational
Campus Auditorium. Ms Panchot also said
that the organization is seeking housing for some of the students for the
period October 14-25, while they are in DC.
More information is at upwithpeople.org/DC.
5. ABC
Committee
Hawk ‘N Dove, Lic # ABRA-000964, CT 03,
Commissioner Wright reported that
upon no objections or concerns from the community, the ABC Committee recommends
that the ANC support the license renewal.
Mr. Paul Meagher, General Manager, was present and stated he had no new
information. No one in the audience
wished to speak on the case. The
Commission voted 8-0 in support of the Committee recommendation.
Li’l Pub, ABRA-001875, CT 01,
Commissioner Wright reported that
upon no objections or concerns from the community, the ABC Committee recommends
that the ANC support the license renewal.
No one was present to represent the establishment. No one in the audience wished to speak on the
case. The Commission voted 8-0 in
support of the Committee recommendation.
Phase I, ABRA-001200, CT 01,
Commissioner Wright reported that
upon no objections or concerns from the community, the ABC Committee recommends
that the ANC support the license renewal.
No one was present to represent the establishment. No one in the audience wished to speak on the
case. The Commission voted 8-0 in
support of the Committee recommendation.
The Old
Commissioner Wright reported that upon no
objections or concerns from the community, the ABC Committee recommends that
the ANC support the license renewal. Mr.
Oraphin Hirakawa, Managing Director, was present and stated he had no new
information. No one in the audience
wished to speak on the case. The
Commission voted 8-0 in support of the Committee recommendation.
Tune Inn Restaurant, ABRA-000559, CT 01,
Commissioner Wright reported that
upon no objections or concerns from the community, the ABC Committee recommends
that the ANC support the license renewal.
No one was present to represent the establishment. No one in the audience wished to speak on the
case. The Commission voted 8-0 in
support of the Committee recommendation.
Wisdom, ABRA-077708, CT 01,
Commissioner Wright reported that
upon no objections or concerns from the community, the ABC Committee recommends
that the ANC support the license renewal.
No one was present to represent the establishment. No one in the audience wished to speak on the
case. The Commission voted 8-0 in
support of the Committee recommendation.
Ba Bay, ABRA-085465, CR 01,
Commissioner Wright reported that
upon no objections or concerns from the community, the ABC Committee recommends
that the ANC support the new license application and stipulated license
conditioned upon the execution of a Voluntary Agreement. The applicants Mr. Khoa Nguyen,
Chef/Proprietor, and Ms Denise Nguyen, Managing Partner, were present with
their legal counsel, Mr. Michael Fonseca.
Mr. Fonseca stated that a Voluntary Agreement had been executed. Commissioner Jarboe asked Mr. Fonseca to
explain the special clause that had been inserted into the document regarding
sound that might be heard outside the restaurant. Mr. Fonseca explained that the restaurant
only plans background music, and he asked for the suggested change in the
standard paragraph to reflect the fact that the restaurant has a sliding wall
in the front of the establishment. This
opens up a wide expanse and means that some noise will be heard outside the
restaurant. There being no other new
information nor any comments offered from residents present, the Commission
voted 8-0 in support of the Committee recommendation.
HPA #10-455,
Commissioner Campbell reported that the Committee makes no
recommendation on this project, pending the submission of requested documents
as noted in it report.
Mr. Justin Tew, brother of the applicant, was present and
provided the Commission with a vicinity map and a site plan indicating the rear
extent of abutting property buildings.
He had no knowledge about whether or not the applicant had discussed the
project plans with any neighbors. Ms
Kristin Hodges,
Commissioner Green moved (with a second by Commissioner
Glick) that the Commission ask the HPRB to delay consideration of the project
until its November meeting so that the Commission could obtain the information
it needs to make an informed decision.
The Commission voted 8-0 in support of the motion.
HPA # 09-109
(102-103) 1229 E Street SE – Revised plans
Commissioner Campbell reported that, pending any new
information, the Committee recommends that the Commission oppose this
project. Mr. Paxton Helms, applicant,
was present and stated there was no new information. Neighbors also had no new information.
Commissioner Metzger moved (with a second by Commissioner
Glick) that the Commission oppose the application and authorize the Chair to
designate a Commissioner to represent the Commission at the HPRB hearing on
October 28, 2010.
After some discussion, the Commission voted 8-0 in support
of the motion.
BZA # 18128, 908 12th
Street SE – Variance from lot occupancy requirements and rear yard requirements.
Commissioner Campbell reported that the Committee recommends
support of this project to the full ANC.
The applicant’s sister, Annie Davis, was present and stated there was no
new information. No one else attending
the meeting had any comments. The
Commission voted 8-0 in support of the Committee recommendation.
ZC # 08-06-12, Comprehensive Zoning Regulations Review:
Planned Unit Development
Commissioner Campbell
reported that the Committee had referred this zoning case to the full ANC for
comment and action. Commissioner Jarboe
stated that under the current PUD zoning regulations public amenities have been
problematic and moved (with a second by Commissioner Wright) that the ANC
supports the PUD revisions with the added provision that the Zoning Commission
be specifically authorized to require additional public benefits if it believes
the package offered by the developer is not sufficient. The Commission voted 6-1-1 in support of the
motion.
ZC # 04-33D, Text amendment—Inclusionary Zoning Exemption
for Federal and District Funded Affordable Housing Development
Commissioner Campbell
reported that the Committee referred this zoning case to the full ANC for
comment and action. Commissioner Jarboe
suggested that the proposal was a technical one that had no impact on ANC6B and
by unanimous consent the item was removed from the agenda.
ZC # 08-06-13,
Comprehensive Zoning Regulations Review: Mixed Use Zones, Setbacks
This zoning case, having been added to the October agenda,
had not been reviewed by the Planning & Zoning Committee on October 5,
2010. Commissioner Jarboe advised the
Commission that most of the comprehensive review is not relevant to ANC6B and
are primarily technical issues. However,
he stated that Recommendation 15 (Clarify or eliminate street frontage
limitations on eating and driving establishments) is relevant given the
established overlay in the lower 8th Street area and current issues
regarding the upper 8th Street area.
Since this recommendation has importance beyond just
mixed-use zones, Commissioner Jarboe moved (with a second by Commissioner
Green) that the Commission strongly advise the Office of Planning and the
Zoning Commission to have a separate hearing on the limitations on retail uses
part of this case. The Commission voted
8-0 in support of the motion.
7. Resident Member Committees
The Commission considered several nominees to serve as
Resident Members of the Commission’s Committees. Commissioner Glick announced that Mr. Joe
Fengler had withdrawn his name from consideration as a member of the Planning
& Zoning Committee. Commissioner
Green noted that resident members would be serving only until the end of 2010.
Commissioner Jarboe stated that there were two nominees for
the ABC Committee but, since both resided in SMD04, only one could serve. After both nominees—Mr. Larry Janezich and
Mr.
Commissioner Jarboe moved (with a second by Commissioner
Glick) that the two nominees for the Retail Mix Task Force—Ms Barbara Riehle
and Mr. John McGaw—be appointed to the task force by unanimous consent since
there were no limitations on Resident Membership of Commission task forces.
8. Eastern
Market Report
Commissioner Metzger summarized key
portions of the Eastern Market Report, a copy of which is attached.
9. FY 2011 Interim Budget
Commissioner Green stated that the
ANC’s annual allotment has not been set, however, there can be no expenditures
without ANC approval, which necessitates approval of an interim budget. Because of the DC budget shortfall, the ANC
expects the annual allotment to be lower than FY 2010, and expenses are
expected to be a higher. Estimated
expenses are just over $50,000 and receipts are estimated at about $26,000 Commissioner Green moved (with a second by
Commissioner Campbell) that the Commission adopt the FY 2011 Interim Budget and
the Commission voted 8-0 in support of the motion.
10. Commission
Minutes
Commissioner Oldenburg moved (with a second by Commissioner
Wright) that the Commission adopt the September 21, 2010, minutes. The Commission voted 8-0 to support the
motion.
11.
Adjournment
Prior to adjournment,
The meeting was adjourned at 9:00 pm.
Prepared by Kirsten Oldenburg Attest:
_____________ .
Attachments:
Agenda, as adopted
ABC Committee Report
Planning & Zoning Committee Report
Eastern Market Report
FY 2011 Interim Budget
Meeting Agenda
The People’s Church
Agenda
1. Adoption
of Agenda
2. Community
Speakout
3. Community
and Commission Announcements
4. Presentation
·
Up with People, Chelsey Panchot
5. ABC
Committee
(These items will also be considered
by the ABC Committee on October 7, 2010 at the new meeting location: Southeast Neighborhood Library at
Renewal of license
·
Hawk ‘N Dove, Lic # ABRA-000964, CT 03,
·
Li’l Pub, ABRA-001875, CT 01,
·
Phase I, ABRA-001200, CT 01,
·
The Old
·
Tune Inn Restaurant, ABRA-000559, CT 01,
·
Wisdom, ABRA-077708, CT 01,
New License
·
Ba Bay, ABRA-085465, CR 01,
o Vietnamese
restaurant serving lunch and dinner with a seating capacity of 49 patrons and a
sidewalk café seating 10 patrons.
§
Hours of sales: Sunday through Saturday 11:30
a.m. – 12:00 a.m.
§
Sidewalk café hours: Sunday through Saturday
11:30 a.m. – 12:00 a.m.
6.
Planning and Zoning Committee
(These items will also be
considered by the P & Z Committee on October 5, 2010, which will be held at
The
·
HPA # 10-455,
·
HPA # 09-109 (102-103), 1229 E Street, SE –
Revised plans
·
BZA # 18119, 415 Walker Court, SE – Special
exception authorizing change in nonconforming use from art gallery to
one-family dwelling and variance to
allow more than one principal building on a single lot
·
BZA # 18128, 908 12th Street, SE –
Variances from lot occupancy requirements and rear yard requirements
·
ZC # 08-06-12, Comprehensive Zoning Regulations
Review: Planned Unit Development
·
ZC # 04-33D, Text amendment – Inclusionary
Zoning Exemption for Federal and District Funded Affordable Housing Development
·
ZC # 08-03-13, Comprehensive Zoning Regulations
Review: Mixed Use Zones: Setbacks
7. Resident Member Committees
·
Planning and Zoning Committee
o Joe
Fengler SMD 6B08
·
ABC Committee (one to be selected per SMD)
o Larry
Janezich SMD 6B04
o Steve
Sinclair SMD 6B04
·
Retail Mix Taskforce
o
o John
McGaw SMD 6B05
8. Eastern
Market Report
9. FY 2011 Interim Budget
10. Approval of Commission Minutes
11. Adjournment
NOTICE: Special Call Meeting – Tuesday, October
26, 2010 at 7:00 p.m.
TOPIC:
LOCATION: The
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: November 9, 2010
ABC COMMITTEE
South East Neighborhood Library
Report and Recommendations
October 7, 2010
Commissioners in
attendance: Commissioners Ken Jarboe (chairing), Kirsten Oldenburg, Neil
Glick, and Bert Randolph, Executive Assistant
Hawk ‘N Dove, Lic #
ABRA-000964, CT 03,
Paul Meagher, General Manager appeared before the Committee
seeking to renew their liquor license.
The Committee asked Mr. Meagher about several issues that appeared on
their Investigative Report concerning the operation of the establishment. After the discussion, the Committee was satisfied
that the necessary steps/procedures has been put in place to address these
issues.
Upon no objections or concerns from the community, the ABC
Committee recommends that the ANC support the license renewal.
Li’l Pub,
ABRA-001875, CT 01,
Shirley Verolph appeared before the Committee representing
the Lil’l Pub in their request to renew their license without any changes. Ms. Verolph stated the Li’l Pub was having a
minor problem with panhandlers outside the establishment. The Committee advised Ms. Verolph to contact
MPD’s PSA 106 officers and request their assistance in handling this situation.
Upon no objections or concerns from the community, the ABC
Committee recommends that the ANC support the license renewal.
Phase I, ABRA-001200,
CT 01,
Larry Carroll, the owner, was present seeking the renewal of
their liquor license without any changes.
The Committee asked Mr. Carroll about a 2009 incident that occurred
outside near the establishment. Mr. Carroll responded that corrective action
had been taken by installing a camera system outside the establishment. The Committee was satisfied with the measures
that were taken to address the matter.
Upon no objections or concerns from the community, the ABC
Committee recommends that the ANC support the license renewal.
The Old
Oraphin Hirakawa, Managing Director, appeared before the
Committee seeking the renewal of their liquor license without any changes. The Committee reviewed a 2008 matter that
appeared on their Investigative Report with Ms. Hirakawa and was satisfied that
the corrective procedures are in place to address this matter.
Upon no objections or concerns from the community, the ABC
Committee recommends that the ANC support the license renewal.
Tune Inn Restaurant,
ABRA-000559, CT 01,
Markie Lydon appeared before the Committee seeking the
renewal of their liquor license without any changes.
Upon no objections or concerns from the community, the ABC
Committee recommends that the ANC support the license renewal.
Wisdom, ABRA-077708,
CT 01,
Erik Holzher, the owner, is seeking to renew the liquor
license without any changes.
Upon no objections or concerns from the community, the ABC
Committee recommends that the ANC support the license renewal.
Ba Bay, ABRA-085465,
CR 01,
The applicants Khoa Nguyen, Chef/ Proprietor, and Denise
Nguyen, Managing Partner, appeared with their legal counsel, Micheal
Fonseca. The applicants are seeking a
new liquor license and a stipulated license to open/operate a family-friendly
Vietnamese restaurant serving lunch and dinner with a seating capacity of 49
patrons and a sidewalk café seating 10 patrons.
The hours of inside operation/sales and consumption are Sunday through
Saturday 11:30 a.m. – 12:00 a.m. The
hours of the sidewalk café operation/sales and consumption are Sunday through
Saturday 11:30 a.m. – 12:00 a.m.
The Committee after reviewing the applicant’s documentation
commended the applicant on the completeness of their submissions. Upon no objections or concerns from the
community, the ABC Committee recommends that the ANC support the new license
application and stipulated license conditioned upon the execution of a
Voluntary Agreement.
The
October 5, 2010
7:00 pm
Commissioners
present: Francis Campbell, Chair, Kirsten Oldenburg, Vice Chair, Carol Green,
Norman Metzger and Bert Randolph, Executive Assistant
HPA # 10-455,
Lauren Tews, owner, presented proposed plans for a two story
rear addition. Ms Tews had no plot diagram, had not spoken to adjourning
neighbors, and had no letters of support or opposition. Applicant also had no
comparison drawing of adjoining structures and no description of materials for
the proposed addition. When the Committee asked the owner for letters of
support, she seemed to respond that they were not really needed but were
“simply recommendations.” The Committee asked for more detailed drawings,
Google map of site and submissions of proposed material for the addition.
Pending the submission of these documents, the Committee makes no
recommendation on this project.
HPA # 09-109
(102-103) 12229 E Street SE – Revised plans
Presenting Paxton Helms & Mary Quillian-Helms, owners,
presented revised plans to build on the lot containing the so-called shotgun
house. This is another submission of the shotgun house. Previous plans presented to the Committee
were pulled from the HPRB calendar.
Owners now have are presenting two versions of the proposed build with
slight differences in over length. Both
options retain and are built behind the original section of the one-story
shotgun house.
Option 1, which is presented on page “A1” of the
submissions, shows an in like roof line of the proposed garage over the new
addition behind the existing one story structure with a roof line of
approximately 34 ft at it’s peak. With this option, there would be it shows a
44 foot addition encompassing the garage on the first floor, a second and third
floor addition of an in like kind. This addition will extend approximately 30ft
beyond the existing, adjacent house located at 1233 E Street, SE. Of note, this puts the rear of the proposed
structure 49 feet from the rear of the property line. In Option two, the front
garage is a flat roof structure set back 4ft. further from the street frontage.
The material of this addition appears to be brick from the applicant’s
submissions. The roof line appears to be just under 30feet in this diagram.
The structural diagrams appear of a similar nature if not
the same with the exception of the proposed front garage structure. The main
differences are of the placement of the entire structure relating to the
existing adjourning single family dwelling and rear fence/property line. With
the first, the structure will extend approximately 30 feet beyond the existing
SFD. With the second the structure will extend approximately 34 feet from the
existing SFD.
Affected neighbors who appeared before the Committee
included appearing are Peter Theil of 1233 E
The Committee acknowledges the effort of all the parties to
come to an amicable solution.
The recommendation of the Committee pending any new
information is to oppose this project.
BZA # 18128, 908 12th
Street SE – Variance from lot occupancy requirements and rear yard requirements.
Ms. Loretta Jones, the owner presented her plans to build a
two story rear addition to a S.F.D. that will fill in an existing rear dog leg.
Per the owner’s submissions, this addition will allow her to add a first floor
powder room and modest enlargement of an existing kitchen and on the second
floor enlarge an existing rear bedroom. The addition will not add to the
footprint and the rear court is currently calculated in the existing lot
occupancy. The owner submitted pictures, detailed drawings, notice to affected
neighbors, letters of support from affected neighbors with her submissions. The
Committee recommends support of this project to the full ANC.
ZC # 08-06-12, Comprehensive Zoning Regulations Review:
Planned Unit Development
ZC # 04-33D, Text amendment—Inclusionary Zoning Exemption
for Federal and District Funded Affordable Housing Development
The Committee referred
both of the above zoning cases to the full ANC for comment and action.
ANC6B Eastern Market update – October 12,
2010
Commissioner Norman Metzger
From the September 29
EMCAC meeting
Election of Officers:
Chair, Donna Scheeder; Vice
President, Chuck Burger; Secretary, Monte Edwards; Treasurer, Barbara Eck
Finances: A
projected increase in expenses of 2% (~$5500) for FY2011. At the same time, income projections for the North
Hall were deemed too optimistic, and have been scaled back for October/November
to $5,000/month. Various means discussed to reduce costs: use AC more
effectively, competitive bidding for snow removal, replace paid intern with an
unpaid one, etc.
DRES/Market
Management and Operations: Lease
discussions with inside merchants continuing; Outdoor vending – two violation
notices issued (smoking/inebriation);
first busker in the North Hall Sunday, September 26th -- a
“huge success”.
Visiting Vendors: Proposal for simplifying pre-approval of guest vendors from outside DC/MD/VA to sell
at the market. Each vendor limited to
once every six months.
Food Trucks: Proposed start
date Saturday, Nov. 6th. Different food truck each week. $100/day charge and parked at in a parking
spot on “nw side of the Natatorium”.
Potential food trucks already vetted by DCRA might be BBQ Banditos, Eat
Wonky, Fojol Brothers.
EMCAC member critical that more
prepared food vendors takes business away from the fresh food vendors.
Monday Farmer’s Market: Proposed for 3 to 8pm, with start date April 4, 2011, using the outdoor
“Farmers’ Line”. Will bring proposal to the ANC . Projecting 16 organic farmers and 20 arts and
crafts vendors.
EMCAC concern that costs will
outrun income (lower than weekend rates).
Vendor Applications: 20 applications for organic farmers, prepared
food vendors, and antique/collectible vendors received, reviewed, and scored by
a committee; and the scores and perhaps the process itself, will be reviewed
and the results turned over to EMCAC
John Harrod Memorial
Plaque: Likely 18 x 18 in, to be
made by the same firm that did the Adolph Cluss plaque; cost ~$1,000; planned
fund-raising effort at the memorial service on Oct. 9. A committee to do the Ws– when, where,
wording.