ANC 2B September “Votes of the ANC” posted

This  blog, “Votes of the ANC” will be posted on the day after our monthly meeting to explain the votes that took place the night before. The language in resolutions will still be up to final review and some changes may be made.  Last night at our ANC meeting the following votes occurred:

Consent Items for Adoption – General 
Commissioner Mann moved to approve, seconded by Commissioner Upright. Passed 6-0.

Resolution in support of zoning relief for 1100 15th Street, NW (Washington Post building)to allow mechanical penthouse walls to be of unequal height (BZA application No. 19095) (2B05) The resolution reads as follows:

Whereas the applicant at 1100 15th Ave NW requires a zoning variance to reduce the height of certain portions of its proposed penthouse to comply with current zoning regulations; and

Whereas ANC 2B commends the developer for applying for the variance which minimizes penthouse height in certain locations rather than a variance which maximizes height.

Be it RESOLVED ANC 2B supports the project as proposed.

Resolution of support for use of Stead Park on September 13th at 11am for a picnic hosted by the Foundry UMC in honor of its 200 years as a congregation. Stonewall Kickball to share field beginning at 2pm. Bill McLeod available to answer questions.

 

Alcoholic Beverage Control Agenda 

1132 19th St NW – “Bonfire” – ABRA 099786 – Application for CR license for new restaurant with modern American cuisine and entertainment. Occupancy load is 136. HOURS OF OPERATION: Sunday through Thursday 10am – 2am, Friday and Saturday 10am – 3pm. HOURS OF SALES/SERVICE/CONSUMPTION: Sunday through Thursday 10am – 2am, Friday and Saturday 10am – 3am. HOURS OF OPERATION OF ENTERTAINMENT: Sunday through Thursday 6pm – 2am, Friday and Saturday 6pm – 3am. (2B06) – Take No Action

 

1220 Connecticut Ave NW – “DVL” – ABRA 099876 – Application for a new CT (Tavern) license. NATURE OF OPERATION: Light fare to mix with rare bourbons. No hood for food service. DJ and bands on occasion
depending on the event. No nude performances. No dancing provided. Seating for 30 and Total Occupancy Load of 250. HOURS OF OPERATION, ALCOHOLIC BEVERAGE SALES/SERVICE/CONSUMPTION AND LIVE ENTERTAINMENT:
Sunday through Thursday 10 am – 2 am, Friday & Saturday 10 am – 3 am. (2B07)
Commissioner Nichols moved to support, seconded by Commissioner Warwick. Passed 6-0. The resolution reads as follows:

Whereas, Dos Ventures, LLC, has applied for a Retailer’s Class “C” Tavern with entertainment endorsement with requested seating of 30 and occupancy of 250 for a business to be named Saint Yves at 1220 Connecticut Avenue, NW., (ABRA 099876).

Whereas, this is an increase in occupancy over the previous tenant, Bertucci’s Restaurant, which had an occupancy of 114.

Whereas, the previous business was a restaurant without a bar area, and this changes the alcohol license classification for this site from a restaurant to a tavern classification for a this site,

Whereas there is already large occupancy licensed for restaurants, taverns, and nightclubs in the vicinity of the proposed site which create problems that reduce peace, order, and quiet.

Whereas, the total occupancy of alcohol establishments in Club Central has continued to increase since ANC2B expressed concerns about the large number of taverns and nightclubs in Club Central in a policy resolution dated May 17, 2010.

Therefore, in order to minimize any impact of additional tavern/nightclub alcohol service on the neighborhood, ANC2B protests this license application on the basis of peace, order, and quiet. Furthermore, the goals of ANC2B will be to ensure that any settlement agreement will prevent negative impacts on neighborhood peace, order, and quiet.

 

Historic Preservation & Zoning Applications 

1508 Caroline Street, NW, (BZA 19044) rear and side additions, heard by ANC and HPRB last year for historic considerations. Now requires zoning variance. (2B09) Commissioner Smith moved to support, seconded by Commissioner . Passed 6-0. The resolution reads as follows:

Whereas the applicant at 1508 Caroline Street NW is requesting a special exception to the zoning regulations for an addition to their property; and

Whereas the property is on Caroline Street NW within the U Street Historic District;

Whereas Caroline Street is unique and composed of pairs of identical houses;

Whereas a small shed on the side of 1508 Caroline Street, constructed prior to the enactment of the historic district, breaks this pattern;

Whereas there is concern from immediate neighbors that the proposed addition will negatively impact their light and air quality as well the health of trees on their property;

Whereas there is concern that the side addition could be precedent setting for the street and few neighbors would like to see the separated homes expanded on the property lines to become row homes.

Whereas ANC 2B reviewed the project at our September 2, 2015 Zoning, Preservation, and Development meeting and supported a compromise (which has since been fully incorporated into the plans) that would retain the one story addition on the side of the building where the shed is now, while angling the rear of the house so that the addition will not impede the light and air of the neighbor to the West.

Therefore be it RESOLVED for the reasons specified above that ANC 2B supports the project as proposed.

Be it further RESOLVED ANC 2B supports the project conditioned on the consultation of an arborist to protect trees on and adjacent to the property during construction.

Be it further RESOLVED that ANC 2B does not believe support for this special exception would constitute precedent for other houses on the block to expand laterally, because of the pre-existing structure on the property line.

 

1315 22nd Street, NW. Historic Preservation review for construction (HPA 15-574). (2B06) Commissioner Smith moved to support, seconded by Commissioner Warwick. Passed 6-0. The resolution reads as follows:

Whereas the applicant at 1315 22nd St NW has received support from immediate neighbors; and

Whereas the project is within the context of the block.

Be it RESOLVED ANC 2B supports the project as proposed.

 

DDOT/Public Space Permit Applications 

750 17th Street NW. (DDOT Tracking Number 113081) Public Space application for canopy on premises by John Hancock Life Insurance Co. (2B06) – Take No Action

 

1215 Connecticut Ave NW – & Pizza – application for new unenclosed sidewalk cafe. Six seats. (DDOT Tracking Number 10200432, Review Due September 17, 2015) (2B05)
Commissioner Nichols moved to support, seconded by Commissioner Warwick. Passed 6-0. The resolution reads as follows:

Whereas, &Pizza at 1215 Connecticut Avenue has applied for public space to seat six persons at three tables. (DDOT Tracking Number 1020043),,

Whereas, ANC2B supports the business’s desire that its establishment be visible to customers, and understands that sidewalk eating can be part of creating such visibility,

Whereas approving the applied-for space would leave a conduit of only eight feet in a busy area of Connecticut Avenue and would, furthermore, interrupt a long stretch of open sidewalk that creates an elegant view on Connecticut Avenue,

Whereas ANC 2B public space guidelines require ten feet of public space where sidewalk cafe’s are permitted;

Whereas, it appears that noncompliance with public space permitting by other businesses in the block may be adversely affecting the visibility of &Pizza,

Therefore, ANC2B does not support this application. However, ANC2B will work with &Pizza and other businesses to find solutions that support &Pizza and other businesses in the 1200 block of Connecticut Avenue.

Be it further RESOLVED that ANC 2B would support a permit for 2 tables and 4 chairs close to the storefront in the future, if discussions with the owners regarding outdoor alcohol consumption and service are completed to the satisfaction of ANC 2B.

Administrative Matters 

Approval of August 2015 Regular Meeting Minutes
Commissioner Mann moved to support, seconded by Commissioner Upright. Passed 6-0.

Motion to approve $220 request from 17th street festival.
Commissioner Upright moved to support, seconded by Commissioner Smith. Passed 4-1-1.

Other Items from Commissioners or Staff 

Resolution to DOEE requesting to reconsider the TNR program for feral cats in the District (10 mins) (Mann)
Commissioner Mann moved to support, seconded by Commissioner Upright. Passed 6-0. The resolution reads as follows:

WHEREAS the District Department of Energy and the Environment has released a draft of the proposed “Wildlife Action Plan”

WHEREAS the plan recommends revisiting the successful Trap, Neuter, and Release (TNR) program for feral and alley cats across the District and instead sending them to already-overcrowded animal shelters, suggesting that feral cats are an invasive species that inhabit National Parks and damage bird, reptile, and mammal populations.

WHEREAS the Washington Humane Society has expressed opposition to this proposal because when the cats arrive at the crowded shelters they would most likely be unadoptable and euthanized, and WHS continues to support the TNR program, having performed TNR on over 8,000 feral cats in DC at no cost to taxpayers.

WHEREAS the District’s TNR program has been considered a model for the rest of the nation by advocate Alley Cat Allies.

WHEREAS feral cats help control the rodent and insect populations in many alleyways in Dupont, and are often cared for by neighbors and residents in Dupont, and concerns remain that this action would have a negative affect on neighborhood pest control.

THEREFORE ANC 2B asks that the DOEE reconsider ending the TNR program for feral cats in the District and remove this proposal from the Wildlife Action Plan.

 

Adoption of New Position Description for Executive Director (10 mins) (Smith)
Commissioner Smith moved to support, seconded by Commissioner Mann. Passed 6-0.

 

 

 

NEWS: ANC 2B August “Resolution Letters by Month” posted

The following letters that were transmitted to D.C. government agencies as the result of ANC actions at the Commission’s June meeting have been uploaded and posted for public viewing:.

August 2015

1731 New Hampshire Ave NW (BZA)

1103 19th St NW – DC Pizza (ABRA)

1120 19th St NW – Olivia’s Diner (DDOT)

1215 Connecticut Ave NW – &Pizza (DDOT)

1528 Connecticut Ave NW – Beefsteak (DDOT)

1637 17th St NW – Dupont Italian Kitchen (ABRA)

1750 H Street NW (Public Space)

1926 14th St NW – Tico (ABRA)

Friends of Stead Park activities (DPR)

Urging DDOT to Monitor Traffic Pattern Changes for Construction at 15 Dupont Circle NW (DDOT)

ANC 2B “Votes of the ANC” blog posted

This  blog, “Votes of the ANC” will be posted on the day after our monthly meeting to explain the votes that took place the night before. The language in resolutions will still be up to final review and some changes may be made.  Last night at our ANC meeting the following votes occurred:

 

Approval of July 2015 Meeting Minutes

Commissioner Mann moved to approve, seconded by Commissioner Warwick. Passed 6-0-1.

Consent Items for Adoption – General

1) Support of Friends of Stead Park Department of Parks and Recreation permit request to hold a Fall Festival on November 14th from 10:30-12:00 – permit number 24698. 2) Stead Park: a resolution to generally approve Friends of Stead Park programming and related permit requests so that the ANC does not have to vote on each permit.
Commissioner Feldstein moved to approve, seconded by Commissioner Nichols. Passed 7-0. The resolution reads as follows:

Whereas, Advisory Neighorhood Commission 2B (ANC2B) recognizes the positive impact that the Friends of Stead Park organization plays in supporting children and families residing in the DuPont and surrounding communities

Whereas, the activities sponsored by the Friends of Stead Park are consistent with the purpose of the Stead Trust to serve the children of the District of Columbia,

Whereas, the programming, events and beautification efforts initiated by the Friends of Stead Park have significantly enhanced this public space as one for all community members to enjoy,

Whereas, the Advisory Neighborhood Commissioner for the Single Member District in which Stead Park is Located is traditionally a member of the Board of the Friends of Stead Park,

Whereas, this collaboration between Advisory Neighborhood Commission 2B and the Friends of Stead Park ensures that ANC2B is aware of Friends programming in the Park should intervention be necessary,

Therefore, Advisory Neighborhood Commission 2B approves any programs sponsored by the Friends of Stead Park, including a pending permit application No. 24698, until such time as it finds an objection necessary.

3) Resolution requesting DDOT to monitor vehicular and pedestrian traffic in the 1800 block of P Street, immediately following the closure to vehicular traffic (for one year) of that block westbound into Dupont Circle to facilitate renovation and repurposing of Patterson House. We request the effects of the closure be monitored to confirm that the DDOT plan is working as planned.
Commissioner Feldstein moved to approve, seconded by Commissioner Nichols. Passed 7-0. The resolution reads as follows:

Whereas, the renovation and repurposing of the historic Patterson Mansion at 15 Dupont Circle will require the closure of the current north sidewalk on P Street between 18th Street and Dupont Circle, with that closure expected to begin this month. and

Whereas, DDOT’s approved plan for this would close P Street to vehicular traffic westbound between 18th Street and Dupont Circle for approximately one year, detouring westbound P Street traffic left on 18th Street and then right onto Massachusetts Avenue, and would also requiring moving a bus stop from P Street into Dupont Circle itself, and

Whereas, the approved DDOT plan will certainly have an impact on vehicular traffic in an area already highly congested, especially during morning and afternoon rush hours, and

Whereas, the developer had presented an alternative traffic plan that would have allowed P Street to remain open in both directions, but would have limited pedestrian traffic to the south side of P Street between 18th Street and Dupont Circle,

Be it resolved that ANC 2B takes no position DDOT’s choice of traffic plans, but requests that DDOT closely monitor vehicular and pedestrian traffic during the first month of construction, to ensure that the current traffic plan works as planned and does not lead to unacceptable problems for emergency vehicles and buses, and does not result in gridlock.

General Agenda Items

Resolution urging WMATA to add “White House” to Farragut West Metro Stop name.
Commissioner Mann moved to approve, seconded by Commissioner Smith. Failed 1-6. The resolution reads as follows:

Whereas, the Farragut West Metro stop is the closest to the White House of any stop on
the Silver, Orange, and Blue lines, within easy walking distance, and

Whereas, the name Farragut West has little meaning to visitors and tourists, and

Whereas, adding “White House” to the name of the stop would make it easier for
visitors and tourists, while adding foot traffic and business to that portion of ANC 2B,

Therefore, be it resolved that ANC 2B urges WMATA to consider renaming the
current Farragut Square station “Farragut West – White House” or some variation
thereof.

Alcoholic Beverage Control Agenda

1645 Q St NW “Java House” – ABRA-072780. Substantial change of class from “D” restaurant to “C” restaurant. Approved hours of operation for premises and sidewalk cafe Sunday through Thursday 7am – 11pm, Friday and Saturday 7am – 12am. Approved hours of alcoholic beverage sales/service/consumption for premises and sidewalk cafe Sunday through Thursday 11am – 11pm, Friday and Saturday 11am – 12am. (2B04)
Commission takes no action after discussion of the matter. The Commission would like to find out more about the project.

1714 Connecticut Ave NW – “Madrid Restaurant” (T/A Odeon Cafe) – ABRA-005811. Request for substantial change of liquor license from Class C “Restaurant” to Class C “Tavern”. Current hours of operation & alcoholic beverage sales/service/consumption Sunday 10am – 12am, Monday through Friday 8am – 2am, Saturday 8am – 3am. Current hours of operation for sidewalk cafe Sunday 10am – 12am, Monday through Friday 10am – 2am, Saturday 10am – 3am. Current hours of alcoholic beverage sales/service/consumption for sidewalk cafe Sunday through Thursday 10am – 12am, Friday & Saturday 10am – 1am. (2B01) – Commission takes no action

1926 14th St NW – “Tico” – ABRA-093610. Application for Substantial Change of Hours. CURRENT HOURS OF ALCOHOLIC BEVERAGE SALES/SERVICE/CONSUMPTION: Sunday through Thursday 8 am – 12 am Friday & Saturday 8 am – 2 am. PROPOSED HOURS OF ALCOHOLIC BEVERAGE SALES/SERVICE/CONSUMPTION: Sunday through Saturday 8 am – 2 am. (2B09)
Commissioner Smith moved to approve, seconded by Commissioner Nichols. Passed 7-0. The resolution reads as follows:

Whereas Tico applied for and received a Class C Restaurant alcohol license in 2014;

Whereas Tico, now having been open for approximately one year is applying to extend their hours on weekdays to 2:00 a.m.

Therefore be it RESOLVED that ANC 2B does hereby protest this application for a substantial change to the license of Tico on the basis of peace, order, and quiet, subject to the successful negotiation of a settlement agreement to address neighborhood concerns.

1103 19th St NW – “DC Pizza” – ABRA-094699. Application for Substantial change of hours. Current hours of operation and alcoholic beverage sales/service/consumption: Sunday through Saturday 10:30am – 11:30pm. Proposed hours of alcoholic beverage sales/service/consumption: Sunday through Thursday 9am – 2am, Friday & Saturday 9am – 3am. (2B06)
Commissioner Smith moved to approve subject to successfully addressing commission concerns with neighbors and restaurant; delegate authority to Commissioner smith, seconded by Commissioner Mann. Passed 7-0.

1637 17th St NW – “Dupont Italian Kitchen” – ABRA 008949. Application for substantial change to add a summer garden. Current hours of operation and alcoholic beverage sales/service/consumption: Sunday 10:30am – 2am, Monday through Thursday 11am – 2am, Friday 11am – 3am, Saturday 10:30am – 3am. Proposed hours of operation and alcoholic beverage sales/service/consumption for summer garden: Sunday 10:30am – 2am, Monday through Thursday 11am – 2am, Friday 11am – 3am, and Saturday 10:30am – 3am. (2B04)
Commissioner Upright moved to approve on the basis of peace, order, and quiet with the understanding of coming to a settlement agreement, seconded by Commissioner Nichols. Passed 4-3.

Update on Midtown (1219 Connecticut Avenue) Protest and plan for September 9, 2015, ANC letter expressing public safety concerns in advance of September 16, 2015, protest hearing before the Alcoholic Beverage Control Board. (2B05)

Historic Preservation & Zoning Applications 

1731 New Hampshire Ave – Consideration of appeal of building permit B1404913 for the rooftop construction of a bar at the Carlyle Hotel. Neighbors are requesting that the ANC lead an appeal of the permit arguing that the Zoning Administrator erred in his determination that such construction does not require a zoning variance. (2B03)
Commissioner Smith moved to approve, seconded by Commissioner Maltz. Passed 7-0. The resolution reads as follows:

Whereas the Carlyle Hotel at 1731 New Hampshire Ave is in a R-5 residential zone;

Whereas in 2013 the hotel applied for a permit to build a roof structure, which came before ANC 2B for historic preservation review that year;

Whereas ANC 2B supported the historic review because no structure would be visible from the street and hotel owners testified that the space would be used for “passive” activities for hotel guests, such as sun bathing or yoga.

Whereas the Zoning Administrator issued a letter on July 24, 2013 indicating that “passive recreational” use of the rooftop would not constitute additional commercial activities and would thus be allowable under current zoning regulations for hotels in residential zones;

Whereas ANC 2B sent a letter to the Zoning Administrator in January 2014 asking for clarification on the term of art “passive recreational area” but did not receive a response;

Whereas on June 18, 2015 the Department of Consumer and Regulatory Affairs issued building permit B1404913 for construction on the roof, including a bar and seating for 97 with a total capacity of 237 people;

Whereas the plans as approved do not constitute “passive recreational” activities and there are concerns by neighbors on the impacts of over 200 people congregating on the rooftop in close proximity to residential buildings;

Whereas ANC 2B believes that the Zoning Administrator erred in approving building permit B1404913 as a “matter of right” under the current zoning regulations and believes that a special exception to the regulations is required for the proposed construction;

Whereas ANC 2B promotes a community that is hospitable, vibrant, safe and allows for the peaceful enjoyment of residents and business alike; and

Whereas ANC 2B believes that open and honest dialogue between neighbors and the hotel can lead to a formal agreement on the most appropriate use of rooftop space.

Therefore, BE IT RESOLVED that ANC 2B does hereby APPEAL the issuance of building permit B1404913 on the grounds that the Zoning Administrator incorrectly applied the zoning regulations.

BE IT FURTHER RESOLVED that ANC 2B appropriates up to $3,000 from its savings to expend on the costs of this appeal, including any attorney’s fees, but that costs above $3,000 will be the responsibility of the neighbors and/or other community groups.

BE IT FURTHER RESOLVED that Commissioners Stephanie Maltz and Noah Smith are designated as the Commission’s representatives for this appeal and may delegate informal responsibilities to residents to assist with communications, meeting planning, and document formulation.

BE IT FURTHER RESOLVED that ANC 2B intends to quickly engage the hotel owners and neighbors in structured dialogue that may lead to formal agreements on the use of rooftop space by the hotel in a manner that is negligibly intrusive to the peaceful enjoyment of property by nearby residents and that such an agreement could support the withdrawal of this appeal.

DDOT/Public Space Permit Applications

1528 Connecticut Ave NW – Beefsteak – DDOT Public Space Permit application (#10187240) for new sidewalk cafe un-enclosed. 3 tables, 8 seats, 1 umbrella. Proposed hours of operation: 10:30am to 10:30pm every day. (2B02)
Commissioner Warwick moved to approve, seconded by Commissioner Mann. Passed 7-0. The resolution reads as follows:

Whereas the applicant at 1528 Connecticut Ave NW requests a sidewalk cafe which allows only seven feet of public sidewalk space; and

Whereas ANC 2B’s published public space guidelines require public space permits to have ten feet of public sidewalk space where a permit exists; and

Whereas while ANC 2B has standards, those standards are flexible based on individual permits; and

Whereas ANC 2B is concerned with granting a sidewalk cafe permit on the narrow sidewalk of Connecticut Avenue next to the busiest metro entrance in the system; and

Whereas ANC 2B recognizes this would be the first sidewalk cafe on this block of Connecticut Avenue; and

Whereas ANC 2B recognizes this request is unique because the area north of the three story bay on the sidewalk is setback further than the storefronts on the rest of the street; and

Whereas ANC 2B recognizes the street activation inherent in sidewalk cafes has a positive impact to the street.

Therefore be it RESOLVED ANC 2B opposes the current permit for the sidewalk cafe and urges the applicant and Public Space Committee to pull the sidewalk cafe closer to the establishment’s wall, in line with the 3 story bay, so that the sidewalk cafe allows more space for the public to use the public sidewalk.

1215 Connecticut Ave NW – &Pizza – application for new unenclosed sidewalk cafe. Six seats. (2B05)
Commissioner Smith moved to approve to request a 1 month delay by the DDOT seconded by Commissioner Mann. Passed 7-0.

1120 19th St NW – Olivia’s Diner – application for new unenclosed sidewalk cafe. (2B06)
Commissioner Warwick moved to approve, seconded by Commissioner Smith. Passed 7-0. The resolution reads as follows:

ANC 2B supports the public space request for a sidewalk cafe (unenclosed)
for 1120 19th Street NW, for Olivia’s Cafe.

ANC 2B takes note that adjoining properties have similar sidewalk cafes, and
this public space request allows ample pedestrian passage along the very
wide sidewalks of 19th Street.

1750 H Street NW – Alfa Cafe – application for new unenclosed sidewalk cafe. (#10192744) 17 tables, 34 seats. Proposed hours of operation: 6am – 6pm every day. (2B06)
Commissioner Warwick moved to approve, seconded by Commissioner Smith. Passed 7-0. The resolution reads as follows:

ANC 2B supports the public space request for a new sidewalk cafe at 1750 H Street NW by Alfa Cafe with the understanding that the east side of the sidewalk cafe has been modified so there is ten feet of pedestrian passage way between the tree box and the sidewalk cafe.

Administrative Matters 

1. Treasurer’s Report and Discussion of Financial Reporting Process (Upright)
Budget Discussion , ANC 2B budget is $81,014.51.

Public Adjournment (9:30pm)