Minutes – Advisory Neighborhood Commission 4B

January 27, 2014 Regular Public Meeting

Adopted at February 24, 2014 Public Meeting

 

PLEASE NOTE:   In compliance with Roberts Rules of Order Newly Revised, 11th Edition, §48, page 468, the minutes of Advisory Neighborhood Commission 4B are a record of the actions taken by the Commission, not a record of what people said during the meeting.  Accordingly, comments made by commissioners or members of the public will not be recorded in detail in the minutes.  For a full record of everything that was said at the meeting, please go to www.anc4b.org and click on the “Meetings” link to hear an audio recording of the meeting.

 

 

 

 

 

 

 

 

 

 

 

 


The meeting was called to order at 7:06 PM, Sara Green, Chair (and ANC 4B01) presiding.  It was held at the MPD’s 4th District Community Room, 6001 Georgia Avenue, NW. Also present were Commissioners 4B02 Faith Wheeler, 4B03 Fred Grant, 4B04 Brenda Parks, 4B05 Brenda Speaks, 4B06 Ron Austin, 4B07 Judi Jones, 4B08 Yvonne Jefferson, and 4B09 Douglass Sloan.  A quorum was present for all votes.

 

1)       The agenda as presented was revised to add a new item #14, letter to the Board of Zoning Adjustment regarding the VIP Room, at the request of Commissioner Austin.  There was no objection and the agenda as revised was approved.

 

2)       Election of Officers

 

Mr. Gottlieb Simon, Executive Director, Office of Advisory Neighborhood Commissions, conducted the election of officers for the year 2014.

 

Commissioner Green nominated a slate of officers and asked that the Commission vote on them as a group.  Her nominations were:

 

Commissioner Austin for Chairperson.

Commissioner Sloan for Vice Chairperson.

Commissioner Jefferson for Secretary.

Commissioner Grant for Treasurer.

.

There were no other nominations.

 

The slate of officers nominated by Commissioner Green was elected, 8 yes, 0 no, 1 not voting.

 

Commissioner Austin assumed the Chair.

 

 

 

3)       Vote:  Commission Meeting Schedule for 2014

 

Commissioner Green moved that the Commission approve a resolution setting the meeting schedule for 2013.  Commissioner Wheeler seconded the motion.  The motion was adopted unanimously by show-of-hands vote, 9 yes, 0 no.

 

The adopted resolution:

 

RESOLVED:

 

That Advisory Neighborhood Commission 4B hereby adopts the following meeting schedule for the year 2014:

 

The fourth Monday of the month, except for the month of May, in the community meeting room, MPD Fourth District Headquarters, 6001 Georgia Avenue N.W., beginning at 7:00 PM:

 

February 24

March 24

April 28

May 19

June 23

July – no meeting

August – no meeting

September 22

October 27

November 24

December – no meeting

 

4)       Vote:  Resolution Approving Participation in ANC Security Fund

 

Commissioner Green moved that the Commission adopt a resolution authorizing participation in the ANC Security Fund.  Commissioner Grant seconded the motion.  The motion was adopted unanimously by show-of-hands vote, 9 yes, 0 no.

 

The adopted resolution:

 

RESOLVED:

That Advisory Neighborhood Commission 4B approves its participation in the Advisory Neighborhood Commission Security Fund and authorizes the Treasurer to pay the $25.00 fee for the period January 1, 2014 through December 31, 2014.  The Chairperson and Secretary are authorized to execute the attached agreement.

It is understood that (1) the check for participation in the ANC Security Fund should be made payable to “ANC Security Fund,” (2) the ANC is not considered a participant in the Fund until the ANC has received the acceptance section of the agreement which has been signed by the District of Columbia Auditor, and (3) the agreement will not be accepted by the Auditor until all required documents have been received by the Office of the Auditor.  The required documents are:

Resolution

Agreement

ANC Check

Statement of Information-Chairman

Statement of Information-Treasurer

Bank Survey

Copy of Current Bank Signature Card

 

5)       Presentation of Proposed FY 2014 Budget

 

Commissioner Grant announced that the proposed FY 2014 budget was available for members of the public to review.  He urged the public to review the draft budget and communicate with their single-member district commissioners.

 

Commissioner Jones moved that the printing and copying budget be increased from $1,400 to $2,000.  Commissioner Speaks seconded the motion.  The motion was adopted, 8 yes, 1 no.

 

6)       Presentation and Recommendation Vote:  BZA Application #18671, Jemal’s TP Land LLC, special exceptions and variance for 6923-6953 Maple Street N.W. and 6916-6926 Willow Street N.W.

 

Representatives of Douglas Development presented their application to the Board of Zoning Adjustment for special exceptions and variance for a proposed apartment building complex at 6923-6953 Maples Street N.W and 6916-6926 Willow Street N.W.  Following discussion and questions from commissioners and the public, Commissioner Jones moved that the Commission adopt a resolution supporting the application.  Commissioner Wheeler seconded the motion.  The motion was adopted unanimously, 9 yes, 0 no.

 

The adopted resolution:

 

In the matter of Douglas Development, Willow and Maple Street NW Development, Jemal’s Takoma Park Land LLC (the Applicant) filed BZA Application No. 18671 seeking (1) a modification to the plans previously approved under BZA Application No. 17679, (2) a variance from the parking requirements and (3) a variance from the loading requirements for the project proposed at 6923-6953 Maple Street N.W. and 6916-6926 Willow Street N.W. (the Property)(the Application);

 

WHEREAS:   the plans previously approved for the Property under BZA Application No. 17679 depicted two apartment buildings each containing 38 units and the relocation of three single-family homes and provided parking at a ratio for the project of one space per unit as required under the Zoning Regulations for the R-5-A District (the Approved Plans);

 

WHEREAS:   the Applicant proposes to modify the Approved Plans by increasing the number of units in each apartment building from 38 to 50, for a total of 100 units;

 

WHEREAS:   the proposed modification to the project requires a variance from the parking requirements under Chapter 21 of the Zoning Regulations in order to permit 95 parking spaces where 103 are required and a variance from the loading requirements under Chapter 22 of the Zoning Regulations in order to permit one 30-foot loading berth for each apartment building where one 55-foot loading berth and one 30-foot service/delivery space for each building is required;

 

WHEREAS:   the Applicant presented the proposed modification to the Approved Plans at an ANC 4B-07 Single-Member District community meeting on October 15, 2013, and met with property owners, Monday, January 13, 2014 in proximity to the Property to describe the proposed modification;

 

WHEREAS:   the development plans call for truck bays 55’ wide for loading and unloading;

 

WHEREAS:   Douglas Development has approximately 12 apartment units for workforce/affordable housing and low income housing based on the inclusionary zoning bonus.  In addition, the Applicant has offered to set aside the single-family home being relocated to Lot E on the application plans (formerly 6924 Willow Street N.W.) for a low-income household, which is defined under Chapter 26 of the Zoning Regulations as a household of one or more individuals with a total income adjusted for household size equal to less than 50% of the Area Median Income.

 

BE IT THEREFORE RESOLVED:  that Advisory Neighborhood Commission 4B (the Commission) recommends that the Board of Zoning Adjustment recommend approval of BZA Application No. 18671 the Douglas Development Willow/Maple Street the variance for 95 parking spaces available.  While the parking spaces do not equal the number of housing units, the development is limited in complying with the 1:1 parking ratio because of the rebuilding and relocating of the third house.  The 1:1 parking ratio is relieved.

 

RESOLVED:  the Commission supports the space reduction in loading bays from 55’ to 30’ each due to the increase in apartment units in each building.  There will be a limited number, less than ten, two-bedroom units.  There will be limited occurrences of a truck needing a larger bay than 30’.  The 55’ loading bays are relieved to 30’ each.

 

RESOLVED:  the Commission supports Douglas Development’s inclusionary zoning bonus and commit up to 13 units for workforce/affordable housing (80% AMI) and low-income housing (60% AMI) and work to that goal to the best of their ability as well as the set-aside mentioned above.

 

RESOLVED:  that all other aspects of the outside design, landscape design and dimensions of the development remain the same as approved by BZA;

 

RESOLVED:  that Commissioner Judi Jones, ANC 4B07, will represent the Commission and the community in all matters pertaining to this development.

 

7)         Recommendation Vote to Historic Preservation Review Board:  6808 Laurel Street N.W. – new addition

Ms. Anne Beman, the owner of 6808 Laurel Street N.W. made a brief presentation describing the proposed one-story addition to their home and provided drawings.  Following discussion and questions from commissioners and the public, Commissioner Jones moved that the Commission adopt a resolution supporting the proposed addition and recommending that the Historic Preservation Review Board approve it.  Commissioner Grant seconded the motion.  The motion was adopted, 8 yes, 1 no.

The adopted resolution:

WHEREAS:   the owners have submitted plans to the Historic Preservation Review Board (HPRB) for a 400-square-feet addition to the first floor of a house at 6808 Laurel Avenue N.W.;

 

WHEREAS:   the addition is a matter of right in terms of zoning regulations and within the Takoma historic district, HPRB asks the community to provide feedback on materials, appearance and comparability to the other houses in the area;

 

WHEREAS:   the homeowner met with ANC 4B07 on Monday, January 13, 2014 and answered all inquiries without using visuals about architectural design and materials;

 

BE IT THEREFORE RESOLVED:    that ANC 4B does support this addition because the homeowner gave specific information regarding materials, appearance and comparable size to the houses around 6808 Laurel Avenue N.W.

 

RESOLVED:  the homeowner has included reduction of asbestos filtration throughout the neighborhood in the contractor’s agreement;

 

RESOLVED:   that Advisory Neighborhood Commission 4B requests that the owner communicate more comprehensively to properly vet the addition;

 

RESOLVED:  that Commissioner Judi Jones, ANC 4B07, will represent ANC 4B in all matters concerning this addition.

 

8)       DDOT Public Space Occupancy Permit Application – 6323 8th St NW – construction of fence over 42”

 

Commissioner Grant moved that the Commission adopt a resolution supporting the application for a public space occupancy permit to construct a fence over 42 inches high on the property at 6323 8th Street N.W.  Commissioner Jefferson seconded the motion. The motion was adopted unanimously, 9 yes, 0 no.

 

 

The adopted resolution:

 

RESOLVED:

That Advisory Neighborhood Commission 4B supports and recommends approval of a public space occupancy permit application by the District Department of Transportation for the construction of a fence over 42 inches at 6323 8th Street N.W.

12.     DDOT Public Space Occupancy Permit Application – 5924 Chillum Place NE – New construction of porch, walkway to porch and driveway entrance

 

Commissioner Jones moved that the Commission request that the DDOT Public Space Committee postpone consideration of this application until its next meeting.  Commissioner Green seconded the motion.

 

Following discussion, Commissioner Jones withdrew her motion.

 

Commissioner Sloan moved that the Commission oppose the application for a public space occupancy permit for 5924 Chillum Place N.E.  Commissioner Green seconded the motion.  The motion was adopted unanimously, 9 yes, 0 no.

 

The adopted resolution:

 

 

RESOLVED:

 

That Advisory Neighborhood Commission 4B strongly opposes and objects to the approval of this public space occupancy permit unless and until the applicants cooperate with the Commission, provides more information as requested, meets with the community, and makes a presentation to the Commission at its next public meeting.

 

                                                                                                                                      

9)       Recommendation Vote:  VIP Room, 6201 3rd Street N.W., Application to Board of Zoning Adjustment for Adjustment of Variance

 

 Commissioner Austin moved that the Commission approve a letter to the Board of Zoning Adjustment regarding an application by the VIP Room to adjust their zoning variance.  Commissioner Speaks seconded the motion.  The motion was adopted, 8 yes, 1 no.

 

The approved letter:

 

Hon. Lloyd Jordan, Chairman

D.C. Board of Zoning Adjustment

441 4th Street, NW

Washington, DC 20001

 

Re:     ANC 4 B’s Letter of Support for the VIP Room, LLC’s BZA Application requesting variance relief at 6201 3rd Street, NW (Lot 813 Square 3342)

 

Dear Chairman Jordan and Members of the Board:

 

At a regular public meeting on January 27, 2014 (notice of which was properly given, and at which a quorum of nine of nine members was present) Advisory Neighborhood Commission 4B voted (8 yes, 1 no) to support the VIP Room’s BZA Application.

 

The ANC understands that the VIP Room is not applying for a new zoning variance, but merely for the modification of a variance granted in 1979.  Specifically, the VIP Room seeks that the BZA modify order no. 12799 in two (2) ways.  First, by removing a condition placed on the variance and; second, by correcting the maximum occupancy to conform to existing law.

 

The condition which VIP Room seeks removed is that no alcohol be served on the premises.

 

At the time of the establishment’s original application in 1979, occupancy was measured by “seating capacity,” which was, and remains 150.  However due to recent changes in the law, occupancy is now measured by “Total Occupancy Load” of which “Seating Capacity” is a part.  The VIP Room does not seek a change in its seating capacity of 150, but does seek to increase the “total occupancy load.”

 

In our view, the removal of the condition and correction of the occupancy calculation will not adversely impact the neighborhood in any manner whatsoever.  The VIP Room is a family owned and operated banquet hall, which has been hosting events for our neighbors and constituents for the past 35+ years.  The Sampson family, who have owned and operated the VIP room since its inception, have conducted their business in such a manner that it has been an amenity to the community as a whole.

 

The requested relief will allow the Sampsons to continue to serve the neighborhood and its changing needs in a first class manner.  As the BZA recognized in its 1979 Order, the Sampsons’ use of their property as a banquet hall is less intense than other “matter of right” uses which the property could be put to should their banquet hall be unable to compete in the present market.

 

Therefore, ANC 4B wishes to support this application.  Thank you for giving our views great weight in your deliberations on this case.  If you have questions, please contact the undersigned. 

 

Sincerely,

 

Ron Austin, ANC 4B07

Chairperson

 

10)     Recommendation Vote:  Spring Place Sidewalk

 

Commissioner Jones noted that the developer of Spring Place was required by the Board of Zoning Adjustment to submit its dedication of a portion of its property for a public sidewalk to the Commission for review and comment.  Commissioner Green moved that the Commission adopt a resolution responding to this submission.  Commissioner Jefferson seconded the motion.  The motion was adopted unanimously, 9 yes, 0 no.

 

The adopted resolution:

 

RESOLVED:

 

Advisory Neighborhood Commission 4B has received a plat and other information from the Office of the Surveyor.  We understand that Keystar Spring Place LLC and Anabel Pestana will, as per the Board of Zoning’s Order 18503 and 18505, dedicate a 4-foot-wide strip of land in front of 7051-7053 Spring Place, NW for the use of pedestrians and bikers.

 

We rely on the Office of the Surveyor’s technical expertise in evaluating the accuracy of the submission. We thank Keystar, Ms. Pestana, and the Office of the Surveyor for sharing the plans with us.

 

Community Concerns

 

For a full record of community concerns expressed at the meeting, please go to www.anc4b.org and click on the “Meetings” link to hear an audio recording of persons expressing community concerns, beginning at 7 minutes, 46 seconds.

 

 

 

 

 

 

 


 Ten people addressed the Commission with concerns or questions:

 

1)       Ms. Wanda Oates, ANC 4B05, commended the Commission for the election of the new officers and wished them well.

 

2)       Ms. Jocelynn Johnson, ANC 4B03, expressed appreciation for improved street lighting and concern for continuing trash problems.

 

3)       Mr. Ray Robinson, 5920 Chillum Place, expressed concern about a group home using city trash cans and leaving trash uncollected.

 

4)       Ms. Anna Chamberlin, District Department of Transportation, announced public meetings on the North-South Corridor Study (Georgia Avenue) being conducted by DDOT.

 

5)       Minister Alfreda Chi Mauuso, ANC 4B03, asked that the minutes of the November 25, 2013 meeting be corrected to accurately reflect her comments.

 

6)       Ms. Bonny Perry, Alliance for Community Trees, asked the Commission to address the failure of Verizon to install FIOS service in the area.

 

7)       Commissioner Judi Jones, ANC 4B07, expressed concern about the large number of group homes in Ward 4 and the possible establishment of a marijuana growing facility in her single-member district.

 

8)       Mr. Michael Sindram said he was being foreclosed and asked the Commission to take action.

 

9)       Mr. Ray Robinson complained about the Comstock Homes development at 6000 New Hampshire Avenue N.W. allowing water to flow onto the street and freeze, causing potholes.

 

10)     Ms. Jamie Dunham, Head of School, Paul Public Charter School, discussed the school’s expanding enrollment up to the twelfth grade.

 

Presentations and Reports

 

1)       Commissioner Grant, Treasurer, presented the Treasurer’s Report:

 

ANC 4B Treasurer’s Report –January 27, 2014

 

As of October 31, 2013 the Industrial Bank checking account balance was $17,892.83.

 

Balance – 10/31/13                                                                       $ 17,892.83

                                                           

Income – 11/1/13-12/31/13

Interest                                                           $         1.16

 

Expenditures – 11/1/13-11/29/13                      $  6,448.73

 

Ending balance – 12/31/13                                                             $11,445.26

 

As of September 30, 2013, the Industrial Bank savings account balance was $50,570.66.

 

Interest income – 10/1/13-12/31/13                            $12.75

 

Ending balance – 12/31/13                                                           $50,583.41

 

The following checks were cashed between 10/1/13 and 10/31/13:

Date Cashed

 Name

Check #

Amount

Purpose

Meeting Approval Date

11/1/13

James H. Irwin

4856

4.76

Office supplies

2014 interim budget

10/28/13

11/1/13

James H. Irwin

4857

461.70

Net salary & wages

2014 interim budget

10/28/13

11/5/13

Jamal’s Takoma Park LLC

4854

600.00

Office rent

2014 interim budget 10/28/13

11/8/13

Konica Minolta

4853

314.61

Printing & copying

2014 interim budget 10/28/13

11/15/13

James H. Irwin

4861

2,308.70

Net salary & wages

2014 interim budget 10/28/13

11/20/13

Verizon

4860

39.99

Internet

2014 interim budget 10/28/13

11/20/13

Verizon

4859

89.55

Landline telephone

2014 interim budget 10/28/13

11/21/13

Capital Services & Supplies

4858

273.92

Office supplies

2014 interim budget 10/28/13

 

12/2/13

 

James H. Irwin

4862

461.70

Net salary & wages

2014 interim budget 10/28/13

12/13/13

James H. Irwin

4867

461.70

Net salary & wages

2014 interim budget 10/28/13

12/17/13

Jamal’s Takoma Park LLC

4863

600.00

Office rent

2014 interim budget 10/28/13

12/20/13

James H. Irwin

4868

461.70

Net salary & wages

2014 interim budget 10/28/13

12/23/13

Verizon

4865

39.99

Internet

2014 interim budget 10/28/13

12/23/13

Verizon

4864

87.44

12/23/13

2014 interim budget 10/28/13

12/24/13

Konica Minolta

4866

242.97

Printing & copying

2014 interim budget 10/28/13

 

2)       Commissioner Jefferson, Secretary, presented the draft minutes of the November 25, 2013 regular public meeting.  One correction was noted and accepted.  Commissioner Wheeler moved that the minutes as corrected be approved.  Commissioner Green seconded the motion.  The minutes were adopted by show-of-hands vote, 6 yes, 0 no.

 

The meeting was adjourned at 9:50 PM.