ANC 2B December “Votes of the ANC” published

This blog, “Votes of the ANC” will be posted shortly after our monthly meeting to explain the votes that took place during the meeting. The language in resolutions will still be up to final review and some changes may be made. At our December ANC meeting the following votes occurred:

Alcoholic Beverage Control Agenda

The Carlyle Hotel – Application for a substantial change to its license at 1731 New Hampshire Avenue NW (ABRA-090805) (2B03)

Commissioner Maltz moved to protest. The motion was seconded by Commissioner Upright. Passed 7-0-0.

Whereas on October 29, 2015, the Carlyle Hotel located at 1731 New Hampshire Avenue, NW, submitted a change of hours in service and entertainment endorsement application to the Alcohol Beverage Regulation Administration (ABRA);

Whereas in a request submitted to ABRA on April 13, 2015, (CR. License Application No. #090805) the Carlyle Hotel requested increased indoor seating at the restaurant and bar;

Whereas in the April 2015 request, the Carlyle Hotel stated that “no ‘passive recreation area’ on the roof has been undertaken; we have not requested approval of a roof-top summer garden endorsement; and, no expansion in hours of service is being sought”;

Whereas, the ABC Board determined that the Carlyle Hotel’s request for increased indoor seating was not a substantial change;

Whereas, due to the expanded indoor restaurant seating and expanded hotel room capacity, the neighborhood has experienced an increase in trash, noise, truck deliveries, double-parking, inefficient valet parking services, and a decrease in parking spots available to residents;

Whereas, extended indoor hours will exacerbate existing trash and noise issues and there is a legitimate neighborhood role in adjudicating this application;

Therefore; ANC2B protests the application for a substantial changes in service hours and entertainment endorsement on the basis of peace, order and quiet, subject to the successful negotiation of a settlement agreement that alleviates the concerns of neighbors.

El Tamarindo – 1785 Florida Avenue NW (ABRA-071179)

Commissioner Mann moved to permanently support El Tamarindo’s extended New Year’s Eve hours. The motion was seconded by Commissioner Smith. Passed 7-0-0.

District Department of Transportation Agenda

Request to install new Capital Bikeshare stations at the intersection of 22nd and P Streets NW and the intersection of 21st and R Streets NW (2B02)

Commissioner Warwick moved to suggest three locations for a Capital Bikeshare station proposed by the District Department of Transportation for the intersection of 22nd Street and P Street. The three locations were:

  1. The east side of 22nd Street from Soho Tea and Coffee to Books for America
  2. P Street between the Westpark entrance and the Twinning Court sign
  3. P Street along the Crios frontage

The motion was seconded by Commissioner Upright. Passed 8-0-0.

Historic Preservation & Zoning Agenda

Discussion regarding the St. Thomas Church BZA variance and a proposed memorandum of understanding (MOU) at 1772 Church Street NW (BZA #19133) (2B07)

Commissioner Warwick moved to support a letter to the Board of Zoning Adjustment (BZA) asking that the BZA allow the ANC to submit its resolution on the variance two days after the ANC’s filing deadline. The motion was seconded by Commissioner Nichols. Passed 8-0-0.

Dear Chairperson Heath:

The Dupont Circle Advisory Neighborhood Commission (“ANC 2B” or “Commission”) wishes to explain, for the record, why the ANC report on BZA # 19133 was received after the December 8th deadline. The ANC 2B monthly meeting is held the second Wednesday of the month, this month being December 9th. ANC 2B did not realize the ANC report deadline was one week prior to the meeting and asks the board to consider its recommendation with great weight even though it was submitted tardy.

Commissioners John Kupcinski (anc2b07@gmail.com), Daniel Warwick (daniel.warwick@dupontcircleanc.net), and Noah Smith (noah.smith@dupontcircleanc.net) are the Commission’s representatives in this matter.

ON BEHALF OF THE COMMISSION.

Sincerely,

Noah Smith

Chairman

Commissioner Warwick moved to support the variance. The motion was seconded by Commissioner Upright. Failed 2-6-0.

Whereas the Board of Zoning Adjustment application 19133 proposes a 6.7% lot occupancy variance for the church and residential development located at 1772 Church Street NW; and

Whereas the development located at 1772 Church Street NW is located within Advisory Neighborhood Commission (ANC) 2B; and

Whereas ANC 2B has considered the project multiple times during historic preservation review; and

Whereas the March 13, 2015 resolution sent by ANC 2B to the Historic Preservation Review Board during a review of the development includes, under the “Further Collaboration” section, “a committee led by ANC 2B…continues to engage in proactively addressing zoning and quality of life related matters prior to a zoning hearing”; and

Whereas since the variance application was submitted, the ANC has convened a committee consisting of six neighbors, one ANC Commissioner, the church, and the developer in biweekly meetings negotiating in good faith; and

Whereas this committee produced a Memorandum Of Understanding which addresses concerns raised across the duration of ANC review of the development; and

Whereas the committee process included a public input session in October, public comment meeting in December, and requested feedback feedback on drafts of the Memorandum of Understanding contract over email from the broader community multiple times; and

Whereas the Memorandum Of Understanding includes, among other provisions, the following items which protect neighbors above and beyond District laws:

  • Consult with neighborhood organizations on retention of trees
  • Conduct an existing conditions study for all neighboring properties and provide these reports to the owners.
  • Indemnify Properties to $3M each and persons to $1M each within 200 feet.
  • Agreement that the church and residences will be built concurrently
  • Creation of a Construction Liaison Committee (CLC) which has the authority to effect change on the construction and initial operations of the building.
  • Requirement of a rat management plan which will be submitted for approval to the CLC
  • Hiring of a construction consultant which has authority to monitor the construction of the project
  • 20 business day notice to the community as to when the construction will be the loudest.
  • Limitation on the level of light emitted from the construction site and discussions regarding porta-potties and generator locations
  • Use of the Cooper Code as it relates to truck traffic.
  • Limitation on weekend hours of construction.
  • Discouraging parking in the neighborhood during construction
  • 24x7x365 contact for all construction related issues.
  • No unannounced obstructions of the alley-way.
  • Re-location for cars if alley-way is blocked at developer costs.
  • Limitation on hours of church roof deck rental hours and residential roof deck access hours.
  • Ensuring any potential club room is not attached to the residential roof deck, limiting the potential for noise.
  • Restrictions on residential building rear door and alley use.
  • A provision to maximize vegetation and green space on the 18th street frontage of the building.

Therefore be it RESOLVED ANC 2B supports the project as presented based on the above whereas clauses, the inclusion of the attached Memorandum Of Understanding as an exhibit of the order granting the approval of the lot occupancy variance and is signed by all parties before the Board of Zoning Adjustment hearing on December 15th.

Be it further RESOLVED a representative of ANC 2B is authorized to sign the Memorandum of Understanding contract.

Commissioner Kupcinski moved to oppose the variance. The motion was seconded by Commissioner Nichols. Passed 6-2-0.

Whereas, at 1772 Church Street, NW, St. Thomas’ Parish Episcopal Church proposes to build a church and developer CAS Riegler proposes to build a residential building as additions to the protected ruins of St. Thomas’;

Whereas, ANC 2B respects St. Thomas’ right to use the land at 1772 Church Street, NW for religious purposes without undue economic burden;

Whereas, ANC 2B values the contributions St. Thomas’ Parish has made to the community;

Whereas, 1772 Church Street, NW is located in the Dupont Circle Historic District, and as such has protections to assure that alterations of existing structures are compatible with the character of the historic district, and to assure that new construction and subdivision of lots in an historic district are compatible with the character of the historic district;

Whereas, the lot at 1772 Church Street, NW is included in the Dupont Circle Overlay District, which recognizes that “[t]he Dupont Circle area is a unique resource to the District of Columbia that must be preserved and enhanced” and that “[s]trong protections are needed to retain”, among other things, its low scale, predominately residential human scale streetscapes, and historic character given the high-density development pressures caused by its proximity to the Central Employment Area and the Dupont Circle Metrorail Station (section 1501.1);

Whereas, the purpose of the Dupont Circle Overlay District includes, among other things, “requir[ing] a scale of development consistent with the nature and character of the Dupont Circle area in height and bulk; and…ensur[ing] a general compatibility in the scale of new buildings with older, low scale buildings by restricting the maximum permitted height and floor area ratio of new buildings to that of the underlying zone;…[p]rotect[ing] the integrity of ‘contributing buildings’…; [and e]nhanc[ing] the residential character of the area by…controlling the scale, location, and density of commercial and residential development” (section 1501.4);

Whereas, the historic district and historic overlay designation supersede the underlying zoning and may result in a development being unable to maximize the height and density otherwise allowed by the underlying zoning regulations;

Whereas, the submission to the Board of Zoning Adjustment from J. River 1772 Church Street, LLC and St. Thomas’ Parish Episcopal Church requests a variance to increase lot occupancy to 86.7%, an increase of 6.7% above the maximum 80%;

Whereas, the review conducted by the Historic Preservation Review Board (HPRB) did not consider zoning restrictions and, hence, its concept approval is not relevant to the issue of increased lot occupancy;

Whereas, in its December 1st letter to the Chairperson and BZA Board, the applicant stated “Theoretically, the only location to remove building footprint is at the rear (south)…”, however, there are other options for the potential setback;

Whereas, ANC 2B respectfully disagrees with the applicant that “the only location to remove building footprint is at the rear (south) along the alley because the other facades must remain for design or historic preservation purposes”;

Whereas the developer has failed to address why additional setbacks from 18th St. are not possible;

Whereas the variance application rests on a practicality argument that is not convincing. The ANC does not believe that maintaining historic conditions in an historic district is a practical difficulty that would necessitate a lot occupancy variance and the applicant understood the underlying historic district and zoning overlays before designing the project;

Whereas historic requirements may be commonly used as evidence of a practical difficulty, from a neighborhood perspective the ANC does not believe that the decisions of the Historic Preservation Review Board necessitate a zoning variance;

Whereas, the July 23rd HPRB resolution encourages “the applicant [to] work with staff to develop a landscape design along 18th Street to maximum the extent of vegetation.” And the addition of an additional +1000 sq. ft. on 18th St. would serve the public good;

Whereas, the ANC has worked with community, developers, and Church to develop a Memorandum of Understanding (MOU) which would address quality of life issues; however was unable to reach consensus and finalize a document;

Whereas, nothing in the application for a zoning variance has persuaded ANC2B to change its prior position that both the residential and church structures in the project should comply with the requirements of DC law and policy and with the letter and the spirit of historic preservation, zoning, and zoning overlay provisions; and

Whereas, the majority of residents who have contacted ANC2B about the project have expressed opposition to the requested variance for an increased lot occupancy, expressing concerns, among other things, about the increased traffic and adverse effects on parking, airflow and light in the neighborhood that would result.

Therefore, be it RESOLVED that ANC2B opposes the application for zoning relief and urges the Board of Zoning Adjustment not to approve a variance from Section 532.1 for residential lot occupancy of 86.7%.

Be it further resolved that ANC2B request the applicant work with HPO staff to set the building back 6.7% from 18th St. and to “develop a landscape design along 18th Street to maximum the extent of vegetation” and green space as per the July 23rd HPRB actions.

Administrative Matters

Election of an ANC 2B Election Chairperson

Commissioner Smith moved to elect Commissioner Mann as the ANC’s Election Chairperson. The motion was seconded by Commissioner Upright. Elected by acclamation.

Approval of October 2015 and November 2015 regular meeting minutes

Commissioner Mann moved to adopt the October 2015 minutes. The motion was seconded by Commissioner Silverstein. Adopted by acclamation.

Commissioner Silverstein moved to adopt the November 2015 minutes. The motion was seconded by Commissioner Upright. Adopted by acclamation.

Proposal to sign up for electronic notifications with the Office of Zoning

Commissioner Smith moved to receive electronic email notifications from the Office of Zoning. The motion was seconded by Commissioner Upright. Passed 8-0-0.

NEWS: ANC 2B “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 November meeting have been uploaded and posted for public viewing:

November 2015

HDCMS Streetlight Banner Permits (Public Space)

Universalist National Memorial Church Zoning Variance Review (BZA)

1700 Connecticut Avenue NW- Starbucks (ABRA)

1327 Connecticut Avenue NW- The Manor (ABRA)

ABRA Investigations in West Dupont

DC Council Bill B21-401 Regarding Farmers Market ABRA Licenses

1731 New Hampshire Ave NW- The Carlyle Hotel (ABRA)

1514 Q Street NW (HPRB)

1514 Q Street NW (Zoning Administrator)

1415 22nd Street NW (HPRB)

1711 New Hampshire Ave (BZA)

1501 K Street NW- Claudia’s Steakhouse (DDOT Public Space)

ANC 2B November “Votes of the ANC” published

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

With no objection, the consent items have been adopted.

Resolution to DDOT Public Space in Support of Renewing Historic Dupont Circle Main Streets’ Permits for Streetlight Banners in Dupont Circle, including P Street, S Street, Massachusetts Avenue, Connecticut Avenue, 18th Street, and 17th Street (Bill McLeod)

ANC 2B supports the request of Historic Dupont Circle Main Streets for renewal of permits to hang streetlight banners in Dupont Circle, including P Street, S Street, Massachusetts Ave, Connecticut Ave, 18th Street and 17th Street.

Continued Support for Zoning Variance (Special Exception) for Universalist National Memorial Church at 1810 16th Street NW to Allow a Theater in the Basement (2B09)

Whereas in November 2012, ANC2B adopted a resolution supporting the variance with the following conditions:

1) Restrict to the front entrance of the Church all audience and staff coming to all public events held in the auditorium, whether sponsored by Spooky Action Theater or sponsored by the UNMC;

2) Restrict to the front entrance staff and performers coming to the Church for rehearsals or auditions;

3) Restrict to the front entrance audience, staff and performers who leave the building for smoking breaks or intermissions;

4) Exceptions to these restrictions are ADA access, which is best accomplished through the alley entrance, deliveries of materials and equipment, and emergency exit ;

5) Limit attendance to productions by the theater renting space in the UNMC auditorium to 75, though other non-performance events sponsored by the theater or any event sponsored by the UNMC itself may use the full 225 person capacity of the auditorium; and

6) Remove the restriction on the number of performances that may be held during a one-year period.

Whereas the variance was granted with the ANC’s conditions in place;

Whereas one additional condition of the special exception is that “The Church shall meet with the ANC annually to discuss any concerns and the need to implement any new mitigation measures.”

Whereas the Spooky Action Theater, which operates in the basement of the Church, has approached the ANC to discuss its annual obligation for meeting and discussion of concerns and whereas Commissioner Smith has spoken with several neighbors who do not have additional concerns about current operations, and who indicated that the above referenced conditions are being met.

Therefore be it RESOLVED that the Church has met its annual obligation to meet with the ANC and that ANC2B continues to appreciate the Church’s and Theater’s willingness to meet with and address concerns from neighbors.

Alcoholic Beverage Control Agenda

Starbucks – Application for a new Retailer’s Class “D” License at 1700 Connecticut Avenue NW (ABRA-100551) (2B01), Total number of seats: 28, Total occupancy load: 28, Total number of sidewalk cafe seats: 43, Hours of operation for premises and sidewalk café: Sunday through Saturday: 5 am – 11 pm, Hours of alcoholic beverage sales/service/consumption for premises and sidewalk: Saturday & Sunday: 12 pm- 11 pm, Monday through Friday: 2 pm – 11 pm

Commissioner Feldstein moved to support. The motion was seconded by Commissioner Warwick. Passed 7-0-0.

The Manor – Request for a license class change from a Retailer’s Class “C” Restaurant to a Retailer’s Class “C” Tavern at 1327 Connecticut Avenue NW (ABRA-099536) (2B07)

Commissioner Kupcinski moved to oppose. The motion was seconded by Commissioner Warwick. Passed 7-0-0.

Whereas Manor is a restaurant on Connecticut Avenue south of Dupont Circle, an area with substantial nightlife; and

Whereas Manor an establishment with less than one year of operation, but has a substantial ABRA investigative history and issues with trash collection and cleanliness; and

Whereas ANC 2B has significant concerns with restaurants morphing into taverns becoming bad neighbors due to the absence of food service requirement for taverns.

Therefore be it RESOLVED ANC 2B protests this application for substantial change for 1327 Connecticut Avenue NW “Manor” on the basis of peace, order, and quiet subject to successful negotiation of a settlement agreement.

District Taco – Application for a new Retailer’s Class “DR” Restaurant License (beer and wine only) at 1919 M Street NW (ABRA-099379) (2B06), Total number of seats: 90, Total occupancy load: 144, Hours of operation for premises and summer garden: Saturday & Sunday 10 am – 9 pm, Monday through Friday 7 am – 10 pm, Hours of alcoholic beverage sales/service/consumption: Saturday & Sunday: 10 am – 9 pm, Monday through Friday: 8 am – 10 pm

No action was taken on this matter.

Heurich House Museum – Application for a new Retailer’s Class “CX” Multipurpose Facility License at 1307 New Hampshire Avenue NW (ABRA-100511) (2B06), Total occupancy load: 350, Hours of alcoholic beverage sales/service/consumption: Sunday: none, Monday through Tuesday: 12 pm–6 pm, Wednesday through Saturday: 12 pm–11 pm

No action was taken on this matter.

Discussion/Update on ABRA Investigations in West Dupont (Warwick)

Commissioner Warwick moved to adopt the resolution. The motion was seconded by Commissioner Nichols. Passed 6-0-1.

Whereas the West Dupont neighborhood of Dupont Circle contains multiple liquor serving establishments including the tavern license holders Marrakesh and The Fireplace; and

Whereas, according to recent Alcohol Beverage Regulatory Administration (ABRA) investigative reports 15-CMP-00464 and 15-CMP-00509, Marrakesh has allowed nude dancing without a license, allowed an outside promoter to collect a cover charge, interfered with an ABRA investigation, and repeatedly violated their settlement agreement requiring the hiring of reimbursable details between the hours of 12AM-4AM Saturday and Sunday morning; and

Whereas, according to recent ABRA investigative reports 14-CMP-00083, 14-CMP-00324, 14-251-00130, 14-251-00345, 15-251-00025, and 15-251-00077 have violated their security plan, violated their settlement agreement requiring the hiring of a reimbursable detail, and have allowed assaults on and near the premises; and

Whereas the violations from these establishments are a blight on the West Dupont community and should not be tolerated by the Metropolitan Police Department and ABRA.

Be it RESOLVED ANC 2B is encouraged by these investigations and urge MPD and ABRA to continue—and proactively—investigate the actions and settlement agreement violations of these establishments.

Be it further RESOLVED that without significant and permanent operational improvements, ANC 2B intends to protest any renewal or substantial change to these establishments ABC licenses.

Resolution to the DC Council in Support of Bill B21-401 Before the Committee on Business, Consumer and Regulatory Affairs to Create a Farmers Market License for Alcohol Sales (Warwick)

Commissioner Warwick moved to adopt the resolution. The motion was seconded by Commissioner Maltz. Passed 5-0-2.


Whereas the Council of the District of Columbia and Committee on Business, Consumer, and Regulatory Affairs is considering bill B21-401 which would, in part, create a license for the sale of liquor at farmers markets across the District of Columbia; and

Whereas ANC 2B is home to the District of Columbia’s only year-round Sunday farmers market; and

Whereas the Dupont Circle Fresh Farm market has been a treasured community institution since 1997 and provides immense value to the Dupont Circle Community; and

Whereas ANC 2B believes establishing a license for the sale of local craft beer, wine, and liquor at farmers markets would encourage entrepreneurship, small businesses, and help launch and grow local agribusinesses while encouraging off-season sales at farmers markets; and

Be it RESOLVED ANC 2B supports the provision of Bill B21-401 which would create a license for the sale of liquor at farmers markets across the District of Columbia.

Be it further RESOLVED ANC 2B supports allowing all local agribusinesses—including those located in Maryland and Virginia—sell their beer, wine, and liquor at DC farmers markets without unfeasible license requirements or economic burden.

Letter to the ABC Board Regarding Pending Application by the Carlyle Hotel at 1731 New Hampshire Avenue NW, Requesting that the Request be Considered Substantial and that the ANC be Given Great Weight for this Decision (2B03)

Commissioner Maltz moved to send a letter to the ABC Board, requesting that the Carlyle Hotel’s application be considered a substantial change in order to give the ANC the ability to weigh in on the matter. The motion was seconded by Commissioner Upright. Passed 7-0-0.

Historic Preservation and Zoning Agenda

1514 Q Street NW – Historic preservation review of rear addition (HPRB #15-635) (2B05)

Commissioner Warwick moved to support. The motion was seconded by Commissioner Nichols. Passed 8-0-0.

Whereas the applicant at 1514 Q St NW proposes a rear addition as a portion a condominium conversion; and

Whereas the addition will not be seen from the street; and

Whereas should issues being raised to the zoning administrator concerning the FAR of the project are unlikely to affect the sight lines of the project from the street,

Be it RESOLVED ANC 2B supports the historic preservation aspects of this application.

Commissioner Warwick moved to adopt the resolution. The motion was seconded by Commissioner Nichols. Passed 8-0-0.

Whereas the applicant at 1514 Q Street NW has received a Zoning Administrator’s opinion that the height between the at-grade soil level and ceiling of the bottom of four units in a proposed condominium conversion is three feet and eleven inches; and

Whereas under these calculations the bottom unit is, by code, referred to as a cellar rather than a basement which renders the floor area of this unit to not count against floor area ratio for the project; and

Whereas there is ANC and neighbor concern that the calculation of ground level as approved by the Zoning Administrator do not reflect the property at 1514 Q Street NW; and

Whereas, the height between at-grade soil and ceiling is greater than four feet rendering the “cellar” floor area a not exempt from floor area ratio calculation, which would trigger a substantial change to the project’s design or applicant request for zoning variance.

Whereas, the decision on this property has implications for several other properties in the same block where additions and conversions to multi-family units are of concern to neighbors because of increasing alley congestion,

Be it RESOLVED for the reasons stated above, ANC 2B requests a representative from the Office of the Zoning Administrator come to the property of 1514 Q St NW to conduct in person measurements to verify the developer’s plans.

Be it further RESOLVED ANC 2B Commissioners and members of the public be invited to attend the representative’s in person measurement.

1415 22nd Street NW – Historic preservation review of exterior renovation and historic landmarking (HPRB #16-004) (2B06)

Commissioner Warwick moved to adopt the resolution. The motion was seconded by Commissioner Silverstein. Passed 8-0-0.

Whereas the property at 1415 22nd St NW is an historic carriage house with an unfortunate front exterior; and

Whereas the applicant proposes to renovate the exterior of the building in the process of attracting a boutique office, high end retail, fine dining, or other high quality commercial use tenant more compatible with the neighborhood than the previous tavern tenant; and

Whereas the property is located in a residential alley between two apartment buildings, a nursing home, and a residential carriage house; and

Whereas the project includes a small rear roof deck intended as an office amenity.

Be it RESOLVED ANC 2B supports the significant exterior renovation of the building on the 22nd street exterior, ANC 2B is concerned with the existence of a roofdeck on the property due to the unique acoustics of the alley and existing residents who overlook the proposed roofdeck. ANC 2B understands the roof deck’s usage as a boutique office amenity would not negatively impact neighbors, but would be concerned with the roofdeck if the usage was public or serving alcohol.

1711 New Hampshire Avenue NW – Request for a variance to use an existing residential building for a non-profit use (BZA #19131) (2B03)

Commissioner Warwick moved to support. The motion was seconded by Commissioner Maltz. Passed 8-0-0.

Whereas the Delta Sigma Theta sorority is proposing to expand their office to an adjacent building at 1711 New Hampshire Ave NW; and

Whereas the Delta Sigma Theta sorority requires a special exception to allow a nonprofit organization office in the residential R-5B zone in a historic district; and

Whereas Delta Sigma Theta has been an excellent neighbor for many decades, keeps their current offices located in residential-style townhouses tidy, and conducts residential-style landscaping along the exterior of their premises and will continue that practice at the 1711 New Hampshire Ave NW property; and

Whereas Delta Sigma Theta will be using the 1711 New Hampshire Ave NW property for storage and office space, not for parties or special events.

Therefore be it RESOLVED for the reasons stated above ANC 2B supports the special exception application.

District Department of Transportation and Public Space Agenda

Claudia’s Steakhouse – New valet parking request at 1501 K Street NW (2B05)

Commissioner Smith moves to oppose. The motion was seconded by Commissioner Nichols. Passed 8-0-0.

Whereas, Claudia’s Steakhouse at 1501 K St NW has applied for a valet parking permit for spaces on 15th St NW;

Whereas, Claudia’s Steakhouse applied for a permit after operating valet services without a permit;

Whereas, Claudia’s Steakhouse has a public space permit which mandates no furnishings beyond the approved 6-foot perimeter of the cafe and no advertising in public space;

Whereas, on September 20, 2015 Claudia’s Steakhouse was observed to be staging vehicles in the 15th St cycle track, without regard to the safety of cyclists;

Whereas, on several occasions since their opening Claudia’s Steakhouse has been observed to be in violation of their public space permit, including by placing stanchions in the bike lanes, extending their sidewalk café to the length of their storefront, and placing stanchions in the sidewalk such that only two or three feet of space is available for pedestrian passage (see attachment);

Whereas, on two occasions Commissioner Smith has entered Claudia’s Steakhouse to request that non-compliant stanchions be removed from public space, he was told ‘no’ by the manager on duty;

Whereas, the request for valet parking staging is for a corner adjacent to a cycle track that would unnecessarily put pedestrians, vehicles, cyclists and valet operators at risk of dangerous interactions; and

Whereas, Advisory Neighborhood Commissions rely on strong relationships with businesses to ensure a high quality-of-life for residents and that access to public space and valet permits are not rights owed to businesses.

Therefore, be it RESOLVED that ANC 2B OPPOSES this request for a valet parking permit for Claudia’s Steakhouse on the grounds that the proposed valet staging area is unsafe and creates conflicts between vehicle, bike and pedestrian traffic.

Be it FURTHER RESOLVED that Claudia’s Steakhouse has demonstrated repeated disregard for the neighborhood they operate in, as evidence by their violation of the conditions of their public space permit, which undermines public trust, public space and public safety.

Application to Install a Sign on Public Space at 2201 N Street NW (2B06)

Commissioner Silverstein moved to support the installation of a sign on public space at 2201 N Street NW. The motion was seconded by Commissioner Upright. Passed 8-0-0.

Special Event Application for 7th Annual Cupid’s Undie Run

Commissioner Silverstein moved to support the special event application for the 7th Annual Cupid’s Undie Run on February 13, 2016. The motion was seconded by Commissioner Feldstein. Passed by acclamation.

Other Items from Commissioners or Staff

Transportation and Public Infrastructure Committee Resolution to Support DDOT’s 16th Street Bus Corridor Study & Prioritize Public Transit, Pedestrian, and Bicyclist Interests

This matter was tabled until the December 2015 meeting.

Administrative Matters

Approval of FY 2015 Quarter 4 Quarterly Financial Report for DC Auditor

Commissioner Upright moved to approve the FY 2015 Quarter 4 quarterly financial report, pending minor corrections. The motion was seconded by Commissioner Maltz. Passed 7-0-0.

Adjournment
Commissioner Smith moved to adjourn the meeting at 10:04 pm.. The motion was seconded by Commissioner Warwick. Passed 7-0-0.