How Many People Can Live in a Logan Circle Row House?

At its regular monthly meeting March 4, Advisory Neighborhood Commission (ANC) 2F/Logan Circle heard from Logan Circle residents who believe a neighboring row house at 1517 12th Street NW was about to a used as a rooming house. The neighbor asked ANC2F to pass a resolution asking DC's Department of Consumer and Regulatory Affairs (DCRA) to deny the owner a rooming house permit, should one be applied for. The ANC did not vote on the matter as requested, but passed a resolution asking DCRA to give the matter "special attention".

The property last Saturday

A neighbor reported that the property had been advertised as a shared house for eight people on Radpad and Craigslist, with leases beginning March 1. These ads (which no longer appear) advertised an open house on February 18. According to the neighbor's written statement to the ANC:

...I and three other neighbors in the area went to an open house on the property. That is when we discovered that the new owner had converted the single family row house into a shared house with 9 or 10 bedrooms -- 2 bedrooms on the first floor (where the dining and living room were), 3 bedrooms on the second floor, 3 bedrooms on the 3rd floor and another unit in the basement, which they decribed as for 2 people. There is one kitchen on the first floor and one in the basement and 3.5 bathrooms (1 is attached to a room). Each room was being rented from $995-$1095/mo. (Each room had a piece of paper taped to it with a dollar amount written on it.)

Neighbors take action

The neighbors did some research on DCRA regulations with the help of the ANC and the office of DC Councilmember Jack Evans (D-Ward Two). They discovered the legal occupancy limit for a two-unit single family house is eight -- six in main unit, two in the basement -- but could not operate as a rooming house without a business license and an inspection. Furthermore, the owner had a license that would have allowed him to rent the house to a single family only. On February 23, he applied for a two-family rental license, the neighbor's written statement says. DCRA records also show that the first recent permit for electrical work on the property was issued on February 27.

The neighbors lobbied DCRA who issued a Compliance Notice to the owner, also on February 27. DCRA also monitored a March 1 open house and passed out copies of the Compliance Notice to people coming to view the house by appointment.

"It's not a legal unit at this point," said a neighbor.

"We're very concerned about the safety and integrity of the house," said another.

An abutting neighbor reported that the fireplace in the house had recently been used, and smoke had come into the neighbor's house -- indicating that the fireplace was not adequately vented. There was some question whether the owner had gotten the necessary permits for improving the house.

"[W]e are very concerned that the excessive occupancy and density of a 1870s rowhouse presents issues that must be closely examined, such as the burden on public utilites, sanitation, parking, etc.," the neighbors statement to the ANC says.

"I don't think we're doing anybody a favor putting nine to twelve people in there," Sherri Kimbel told the ANC at the meeting. Kimbel is a Logan Circle resident who is also Director of Constituent Services at Councilmember Evans' office.

ANC not quite sure what to do

"It's sort of a bad message if we take action," said ANC2F Chair John Fanning (Commissioner for district 04). Fanning worried about the precedent such an action would set.

"I think that the precedent we are setting is that we are insisting that people follow the rules," said Commissioner Pepin Tuma (district 03).

A motion to send a letter as requested by the neighbors -- that is, to ask for the denial of a rooming house license -- was not made by any Commissioner or voted on. Instead, the ANC unanimously voted to send a letter to DCRA asking them to give the matter their "special attention". Chair John Fanning also promised to follow up personally with phone calls.

1517 12th Street is in Fanning's ANC district.

The house seemed unoccupied as of last Saturday, March 7.

1017 12th Street: Arguments about "Light and Air" Come to the Central Business District

At a public hearing on January 6, DC's Board of Zoning Adjustment (BZA) agreed to grant zoning relief to ALBA 12th Street LLC which will allow a solitary vacant red-brick holdout building with historic connections at 1017 12th Street NW to be redeveloped. However, its neighbors put up a fight, claiming that the "light and air" of the their surrounding taller modern office buildings would be disrupted by the proposed upward expansion of the historic building.

From BZA official documents

The petitioners had received endorsement from Advisory Neighborhood Commission (ANC) 2F/Logan Circle -- see SALM blog post of November 13, 2014 -- and had been thanked by the ANC for working to preserve the historic building, which has a connection to Elizabeth Keckley, a freed slave who went on to become Mary Todd Lincoln's dressmaker and a local celebrity. In December, City Councilmember Jack Evans wrote a letter joining ANC2F in support, according to the BZA file on the case.

On December 9, 2014, the building owner appeared before the BZA and pledged to rename the renovated building "The Keckley", and said he hoped to arrange a post-renovation ribbon-cutting attended by Mayor Bowser and the actress who played Keckley in Steve Speilberg's 2012 film biography of Lincoln.

The building requires zoning relief because it has no parking, takes up 100% of the lot it stands on, and will be expanded to 10 stories -- still shorter than the buildings that surround it. This expansion will block the sunlight into and the view out of some of the windows of the building. Other windows in the neighboring tall office building are (in violation of the DC building code) too close to the property line of the new building and would probably have to be removed. As a result, the owners of the neighboring building came before the BZA in December to say that the proposal would have an adverse economic impact, meaning, it would reduce their office building's "light and air" and make it less desirable to renters.

In documents submitted to the board in January, the petitioners admitted the expansion of the building might have an economic impact on the existing buildings, but the impact would not meet the requirement of "substantial detriment to the public good" which would be necessary to deny the zoning relief request.

In December, the Board recommended the petitioners take a handful of actions in exchange for the approval of their variance. The petitioners pledged to do so. For example, they will have to provide bicycle racks and Smart Cards to mitigate the effects of zero parking. The petitioners were also advised to buy Transfer of Development Rights (TDRs), which they did. The quantity of TDRs they needed was so small in comparison to the transaction costs that the petitioners had difficulty finding a seller, but they eventually found one who was willing to participate, hoping for future good-will.

All three BZA members present voted to approve the zoning relief at the January meeting.

I did not attend this hearing. I gathered the information above by watching the archived video at the Office of Zoning's Interactive Zoning Information System (IZIS). Videos of both the December 2014 and January 2015 public hearings on this request, along with transcripts of the same meetings and supporting documents submitted by both sides (including the letter from Jack Evans), can be viewed by clicking on the link to IZIS above and entering case number 18878 in the search bar.

1420-1422 12th Street: Stop Work Order on Logan Circle Renovation

DC's Department of Consumer and Regulatory Affairs (DCRA) has issued a stop work order for a renovation of conjoined residences at 1420-1422 12th Street NW. However, it is not clear if this is in response to last week's letter protesting the renovation from Advisory Neighborhood Commission (ANC) 2F/Logan Circle -- see SALM blog post of November 12.

These properties to be inspected

The details of the stop work order were outlined in a recent email from Rohan Reid, the Zoning Enforcement Officer at DC's Office of the Zoning Administrator, to Joel Heisey, a member of ANC2F's Community Development Committee (CDC). Several ANC Commissioners and other interested parties were cc'ed on the the email, which was sent at the end of the business day last Friday, November 17.

The email says "the property was inspected several times within the past months and was issued a stop work order (SWO) following one of those inspections for a violation(s) of the building code regulation." The email does not say when the property was inspected or when the stop work order was issued. It also does not make completely clear why the stop work order was issued.

However, the email says: "The inspection results, land records, and maps, indicated that the footprint [of the buildings] was changed over time. Based on this information we met with the property owner and informed him to submit building plans..." The owner agree to submit plans "as soon as possible," according to the email.

The email promises an update once documents are received from the owner and analyzed.

This email seems to contradict certain statements made at the November 5 ANC meeting. At that time, members of the community said they had, after many unreturned phone calls and emails, managed to contact DCRA only to be told that the agency found no basis for action against the renovation.

Meanwhile, the property at 1422 was featured yesterday on the blog Popville, which noted that it was for sale on line for $999,900. Popville also reported last month that the property at 1420 was for sale for $1.2 million.

1017 12th Street: Offices in Mary Todd Lincoln's Dressmaker's Residence

At its regular monthly meeting on November 5, Advisory Neighborhood Commission (ANC) 2F/Logan Circle voted unanimously to endorse requests for zoning variances by the owner of 1017 12th Street NW, a lonely red-brick holdout in the downtown business district, dwarfed by surrounding modern office buildings.

(Photo credit below)

According to an article in the Washington Business Journal, the building was once the residence of Elizabeth Keckley. Keckley was a freed slave who became a dressmaker to prominent Civil War-era Washington wives, including Mary Todd Lincoln. Keckley became a confidant of Mrs. Lincoln but then had a falling out after Keckley published a memoir about their relationship.

The Washington Business Journal article adds that the building underwent a major renovation in the 1890's so that it no longer resembles the building where Keckley lived.

The presentation to the ANC

A team by attorney Meredith Moldenhauer of Griffin, Murphy, Moldenhauer & Wiggins, LLP, and by the building owner and applicant Fred Hill of the Bethesda-based Hill Group, presented to a meeting of the October 29 meeting of Community Development Committee (CDC) of ANC2F.

Hill purchased the building in December 2012 to serve as the headquarters of the Hill Group and its 70 employees, according to publicly-available documents from DC's Board of Zoning Adjustment (BZA). The building had been vacant for seven years, according to the applicant's BZA statement. Hill told the ANC the plan was to have 40-50 people in the building total, roughly six people to a floor. This would bring roughly $30 million in tax revenue to the District in 15 years, Hill said.

The building would be made taller -- the plan is 10 stories (about 105 feet tall), roughly the same as its neighbors. The applicants do not need special permission to make the building taller -- they may do so by right.

The building is not located in a historic district, so does not require permission from DC's Historic Preservation Review Board (HPRB). The applicants told the ANC they had consulted the HPRB, who said the building had no historic significance.

Still, "the goal is to save the facade", according to attorney Moldenhauer.

She also explained the applicants were seeking three zoning varances. Among the variances are floor-to-area ratio (FAR) and a parking exception.

FAR means the ratio of the area of the total floor area of the building to that of the footprint of the building on the ground. The building's tiny lot is about 1,250 square feet, and the building now takes up 100% of the lot. Zoning regulations for this zoning designation (DD/C-2-C) limits a developer to an FAR of 8.0 -- in effect, an eight-story building. The developers are proposing an FAR of 10.0, i.e., a ten-story building.

The building now takes up the entire lot and has no parking. To provide the seven parking spaces required by zoning regulations, the applicants would have to cut a hole and/or dig into the existing foundation, which everybody seemed to agree was not a good idea. The applicants plan to have no parking on-site, but its mammoth neighbors will provide pay parking in lots only steps away.

"Relief is obviously necessary, so as not to have the building become a vacant blight to the community," Moldenhauer said.

Some members of the CDC made design suggestions to the applicants. Since the design will not be review by the HPRB, the applicants are not required to take need of the ANC's suggestions, but they listened politely anyway.

"I really appreciate you preserving this building," said CDC Chair Walt Cain (Commission for district 02).

The proposal was approved unanimously by the CDC on October 29. The proposal came up before the full ANC as part of a slate of proposals, all of which had received unanimous approval by the CDC at the October 29 meeting. The full ANC approval the entire slate in a single vote.

See a summary of the October 29 meeting of the CDC meeting from ANC2F's web site here.

Documents concerning the application for zoning relief may be viewed by going to the case search tool of DC's Interactive Zoning Information System and entering case number 18878 in the search bar.

The case is on the calendar for a public hearing at the BZA on December 9, at 9:30am, at the BZA hearing room, Room 220 South, 441 4th Street NW (Judiciary Square metro).

In addition to the links above, there is an extraordinary amount of information on the Internet about Elizabeth Keckley, who was recently the subject of a popular novel as well as a minor character in the recent film biography of Abraham Lincoln. There are also web pages devoted to Keckley on Wikipedia,  smithsonian.com, and the Virginia Historical Society, among many others. National Public Radio also did a story about Keckley in 2012.

(photo credit: from BZA official documents)

1420-1422 12th Street: ANC Asks for Sanctions on Logan Circle Renovation

UPDATE: There is a stop work order on this house while the DC government does an investigation. See details here.

"We formally request that the owner of 1420 & 1422 12th St NW be investigated and, if the ... facts are confirmed, sanctioned for illegal construction and be required to submit the proper documents ..."

Was the renovation here legal?

The above is from a letter that Advisory Neighborhood Commission (ANC) 2F/Logan Circle is sending to Rabbiah "Robbie" Sabbakham, Director of DC Department of Consumer and Regulatory Affairs (DCRA). DC Councilmember Jack Evans (D-Ward Two) is cc'ed on the letter.

The ANC voted unanimously at its regular monthly meeting on November 5 to send this letter to "address concerns about unpermitted and illegal construction" at the address, "as well as DCRA's lack of enforcement." The matter was brought to the attention of the ANC by Joel Heisey and Helen Kramer, community members who also are on the ANC's Community Development Committee, according to an account of the November 5 meeting on ANC2F's web site.

1420 and 1422 12th Street are adjoining row houses which previously had the same owners and were sold together as one property last year.

The ANC's letter says the two properties "have undergone complete gut renovations without the proper permits". A permit was issued for 1420, but the permit was for replacement of existing electrical fixtures only. There seems to be no permit at all for 1422 -- the permit in the window of 1422 is the permit for electrical work on 1420. According to a supporting document to the letter, 1420 also has an unauthorized rear carport with studio and deck. The property, the document claims, is also in violation of zoning regulations in that the footprint of the house is more than permitted.

"A resident has repeatedly tried to get DCRA's illegal construction division to investigate with little success," the letter says.

"Two calls to the Supervisor of Illegal Construction have gone unreturned," the letter also says.

"It's like the bad old days over there," said Helen Kramer at the November 5 ANC meeting, referring to DCRA's lack of responsiveness.

"One has to wonder whether they can be so oblivious or whether money has changed hands," she also said.

I could find no records for either property in the Interactive Zoning Information System of DC's Office of Planning.

Online records show the building was built in 1889 and sold for $1.1 million in May 2014.

Tale of Two U Street Liquor Stores: One Approved, One Not

The cases of two U Street liquor stores came up at the regular monthly meeting of Advisory Neighborhood Commission (ANC) 1B/U Street on September 4. The locations are one block from each. Each sought an endorsement for a liquor license. One sailed through the ANC without a problem. The other did not.

Gallagher and Graham's future home

Eleven Market's present home

The first case discussed was that of Gallagher and Graham Fine Spirits (1939 12th Street NW) -- previously reported in the SALM blog post of July 17. The second case was that of Eleven Market (1936 11th Street), which proposes to change its name to U Street Wine and Liquor -- see SALM blog post of June 24.

Both will require a Class A liquor license, which allows liquor stores to sell wine, beer, and hard liquor.

Gallagher and Graham Fine Spirits is named after the cousins who will be the joint proprietors. Tucker Gallagher, one of the aspiring proprietors, spoke briefly to the ANC at the meeting. The proprietors have already reached a settlement agreement with the ANC through its liquor-licensing affairs committee. Settlement agreements normally deal with such matters as store opening hours, sanitation, noise, and security. The discussion of the matter was brief. The ANC unanimously voted to approve the settlement agreement as negotiated and endorse the request for a liquor-license.

The case of Eleven Market generated more discussion. Eleven Market has operated in the neighborhood for 15 years with a Class B liquor license, which allows it to see wine and beer. It wants to have a Class A license instead.

The proprietor of the establishment was present as were several members of the community who opposed the license. ANC1B Chair James Turner (Commissioner for district 09) said he had received numerous emails both supporting the license and expressing concern about it. Jeff Jackson, a former investigator for the DC liquor-licensing authorities, represented the owners.

There had been some difficulty negotiating a new settlement agreement for the establishment. At the outset of the negotiations, the proprietor agreed to a clause in the agreement that prohibits the sale of malt liquor and single cans of beer. Since then, the proprietor also agreed to improve the appearance of the front of the building, including planters in the front courtyard (see photo above), with the intended effect of decreasing loitering in front of the liquor store.

Turner mentioned that the ban of sales of single cans of beer in much of the city (but not in Ward 1, where Eleven Market is located) had caused the appearance of "doubles", that is, two cans of beer sold together. Jackson said the store was not planning to sell doubles.

"Is it fair to say you're moving to a more upscale liquor store?" asked Turner.

"Yes," Jackson replied.

Nick Baumann, chair of ANC1B's liquor licensing affairs committee, reported on the progress of talks with Eleven Market. Negotiations on a settlement agreement had begun, but not all the details had been nailed down. Some of the wording in connection with the nature of the improvement to the front courtyard was vague. The agreement said the improvements should be "satisfactory" -- what did that mean exactly?

"The definition of 'satisfactory' is up to you folks," Baumann said, meaning members of the ANC. He urged elected Commissioners to get more involved in the negotiation, but no one present seemed willing to volunteer to take the lead.

Some members of the audience urged the ANC officially protest the application until a settlement agreement was signed.

Commissioner E. Gail Anderson Holness (district 11) made a motion that the ANC accept the settlement agreement in its current form, but the motion died for lack of a second.

Commissioner Ricardo Reinoso (district 05) made a motion that the ANC protest the application for a liquor license conversion on the basis of peace, order, and quiet. It was second, and the motion passed, 7-1, with Holness the vote against.

According to a notice here, Eleven Market will have an initial hearing before DC liquor-licensing authorities on September 29. The offices are located at the Reeves Center (14th and U Street).

"High End Liquor Store" Proposed for 12th and U Streets

Tucker Gallagher, a 28-year resident of the U Street area, plans to open up a "high end liquor store" near the corner of 12th and U Streets NW. Gallagher came before the liquor licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street last night (July 16) to give a preliminary briefing on the project.

1939 12th Street

Gallagher told the committee he had "reached an agreement" with the landlord of 1939 12th Street, a few steps south of U Street. The planned store will open in a vacant storefront next to a Menchie's Frozen Yogurt shop.

The store will sell locally-sourced beers and liquors, including bourbons, vodkas, and ciders. It will also sell organically grown wines.

The liquor store will require a Class A license from DC's Alcoholic Beverage Regulation Administration (ABRA). Class A licenses are for liquor stores and wholesalers.

There was some discussion about whether Gallagher might have trouble getting a liquor license due to a perceived "overconcentration" of liquor stores in the area. The nearest Class A licensee is located on 14th Street, just north of U Street, across from the Reeves Center.

There is a Class B liquor licensee, Eleven Market, on 11th and U. (Class B licenses allow grocery stores and wholesalers to sell beer and wine only.) Eleven Market briefed the ANC liquor liquor licensing affairs committee last month (see SALM blog post of June 24) on plans to convert to a liquor store with a Class A license.

ABRA told Gallagher that Eleven Market had not yet submitted their application for a conversion to Class A license. If there is a determination that there is an overconcentration of liquor stores in the area, it is possible that the later of the two licensees (i.e., Eleven Market) will be the one to lose out.

Gallagher told the committee he has no experience with a business that required a liquor license. Online information shows that Gallagher was the marketing manager at the national office of AARP, a realtor, a blogger, and an unsuccessful candidate for ANC1B.

Gallagher said he plans to employ staff with experience, including someone who had worked at Archibald's (1520 K Street).

An official placard announcing the request for a liquor license has not appeared at the proposed location of the store. Once a placard appears, there is a 45-day waiting period for public comment and protest.

Gallagher's presentation was purely informational. There was no request for ANC1B support at this time.

1201 T Street: "It's Kind of an Eyesore"

The new homeowner of 1201 T Street NW bought the house in December 2013. He didn't realize he needed special permission to replace his front walk (facing T Street) and side patio (facing 12th Street). So he went ahead and started to take them up. That's when he got a stop work order slapped on the window of his house, right above the half-removed side patio.

The offending patio

The house is located within the U Street Historic District, so any exterior changes or renovations must get the blessing of D.C.'s Historic Preservation Review Board (HPRB).

Before that, the homeowner should seek the endorsement of the local Advisory Neighborhood Commission (ANC). That's what brought him to the last meeting of ANC 1B/U Street on June 16.

"It's kind of an eyesore," the homeowner said of the partially-completed project.

The side patio facing 12th Street is now 10 feet by 15 feet. HPRB took a look at it and said they would only allow 5 feet by 5 feet. In addition, the homeowner had to prepare a plan which specified the type of material that would be used, and the color.

The committee discussed the member of HPRB staff who was assigned to the case. This particular committee member is known for especially zealous enforcement of historic district guidelines.

"That's why you're getting five by five," one committee member said.

The committee unanimously passed a motion to endorse the homeowner's proposal to complete the project. The motion also supported the homeowner's desire to have a patio larger than five by five.

The committee's recommendation will go to the full ANC for approval. It will probably be considered at the next meeting, which is scheduled for Thursday, July 10, at 7pm, at the Reeves Center (14th and U Streets).

Online records indicate 1201 T Street was bought in December 2013 for $1.125 million.

Popup Endorsed for Historic U Street District Home

The Design Review Committee of Advisory Neighborhood Committee (ANC) 1B/U Street voted unanimously to endorse a planned renovation to 1837 12th Street NW. The vote took place at the committee's meeting of October 28.

1837 12th Street NW

1837 12th Street is a two-story single-family home less than two blocks from U Street. Significant renovations changing the exterior of house must be approved by D.C.'s Historic Preservation Review Board (HPRB) because the house is in the Greater U Street Historic District.

The renovation will include the addition of a third floor popup to the rear of the property, the renovation of the exterior (including refurbishing of windows and of dentil molding as well as replacing a stairway), and basement excavation.

The third floor addition will be two feet nine inches higher than the highest point of the existing roof and will be set back 16 feet from the front. There is no plan for a roof deck.

Normally, it is required that roof addition not be visible from the street. To test this, applicants seeking HPRB approval often construct rooftop mockups of the planned height of the final construction, and take photos to show that it will not be visible from the street.

In this case, however, a neighbor testified before the committee that the mockup was visible from across the street. The neighbor produced a photograph taken from the parking lot across the street from the house, in which the top of the mockup could clearly be seen.

The committee determined that, even if the third story addition would be visible from the parking lot, it would actually be considered not visible from across the street, according to the standard method of determining visibility. Rooftop additions are considered not visible if they cannot be seen from the farthest point on the sidewalk across the street from the house. The picture taken from behind a fence separating the sidewalk from the parking lot, that is, farther away than the normal definition of "across the street". Therefore, the proposed addition was compliant, even if the mockup could be seen in the neighbor's photograph.

The neighbor was also concerned about the flow of water off the roof of 1837 12th Street after the proposed renovation was finished. The roof of 1837 12th Street slopes to the rear. The fear was that the addition of a popup would cause rainwater to pool in mid-roof, with no place to drain except the roofs of adjoining properties.

The project contractor told the committee the water would drain via a downspout through the house. It would then be dumped into a gutter in the back.

It was also reported that a structural engineer was working on the project to make sure the planned excavation of the basement did not have any unforeseen consequences.

The project will proceed with committee endorsement to the full ANC for final approval. The next scheduled meeting of ANC1B is on November 7, at 7pm, at the Reeves Center (14th and U Streets).