DC Attorney General's Office Launches Charm Offensive at ANCs

In the quest for budget independence, representatives of newly-elected DC Attorney General Karl Racine stopped off at the regular monthly meetings of Advisory Neighborhood Commissions (ANCs) 2F/Logan Circle on Wednesday, April 1, and 1B/U Street last night, Thursday, April 2.

Representatives of the office pitched a plan that would allow the Attorney General's office to retain up to $20 million annually from settlements and awards it wins as a result of litigation.

"We want to keep some of the food we kill," said Vanessa Natale, chief of the Neighborhood and Victim Services Section of the Attorney General's Office at  ANC2F's meeting.

"What we're asking for is to be more independent," Natale also said.

Natale told the ANC the Attorney General's office was seeking the unusual funding arrangement in part to be able to hire more attorneys. The office currently has 275 attorneys, she said, and it needed another 75 attorneys to bring it up to size that similar offices have in cities of the same size.

The Attorney General's office also wished to strengthen its consumer protection division, she said, and be able to fund a proposed new "affordable housing" division.

Natale also compared the budget of the Attorney General's office -- about $55 million a year, or 1% of the District's overall budget -- with the amount of money the office ("a revenue-generating agency for the District government") takes in. For example, the Attorney General's office won an award of $60-90 million from online hotel companies who were booking hotel rooms without paying appropriate taxes.

A presentation submitted to the ANCs said: "This fiscal year, we project that we will recover or save the District more than a billion dollars."

At the ANC1B meeting last night, attorney Argatonia Weatherington, also of the Neighborhood and Victim Services Section of the Attorney General's Office, made a similar, but shorter, presentation, emphasizing that the Attorney General's Office sought "more independence" and "more autonomy". The Attorney General's office wished to retain a portion of settlements and awards in order to "expand the organization". Weatherington mentioned hiring 65-75 new attorneys.

The proposal must be approved by the DC Council. Natale said a hearing on the proposal is scheduled for April 22. Weatherington told ANC1B the hearing on April 27.

See a March 30 article from the Washington Post about Racine's proposal here.

10th and O Streets: "Based on Past Experience, We Don't Have Confidence that We Will Like Your Final Product"

A tidy vacant lot at the northwest corner of 10th and O Streets NW will change from an unofficial dog park to three-story townhouse, if plans by Suzane Reatig Architecture are made reality.

Coming soon: one place fewer to walk the dog

However, a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle said it will "recommend to not recommend approval" of the planned project at 1001 O Street because it is "not consistent with historic preservation guidelines, scaling and massing of elements". ANC2F's Community Development Committee (CDC) passed a motion against the plans as presented at its last meeting on February 25.

Megan Mitchell of Suzane Reatig Architecture led the team that made the presentation to the committee. 

"A significant amount of green will remain on the corner," Mitchell said.

She also said the proposed building would have two "likely to be" condo units with entrances at the front of the building. It will have two parking spaces -- only one is required. The plan is for the building to be "slightly under 40 feet maximum" -- taller than neighboring buildings but still not tall enough to trigger the need for zoning relief.

Mitchell said that corner buildings in DC are often taller than mid-block buildings.

Artists' conceptions of the building show a pink building with windows that wrapped around the front corner. Members of the committee asked if this color was what the finished product would actually look like. The presenter said no, that this color was used in the illustration to make the building stand out against its neighbors. Were there illustrations that would show how the finished building would look? No, a lot of those details hadn't been decided.

"Our understanding is that we don't have to present exact color and materials," a member of the team said. "We change things, we adjust things."

The architects would work with DC's Historic Preservation Review Board (HPRB) on the details, they explained.

This did not match up with the committee's idea of its own responsibilities, which included approving the materials. Members of the committee asked what materials the presenters were thinking of. A member of the team said ironspot bricks. See an example of a house fronted with ironspot bricks here.

"The committee needs to get guarantees that what is presented is what is built," one member said.

The committee also objected to what appeared, on the artist's conceptions, as an exterior staircase to the second floor, facing 10th Street, which would be on public space, meaning, over the sidewalk.

The architects said they were planning a building in a more modern style, as opposed to something that matched or recalled the styles of the older buildings nearby. The committee wasn't enthusiastic. A member of the team asked the committee if they hadn't ever, when in Europe, been in an old section of a city, and come upon "a little jewel, a little glass box" and been impressed with how beautiful it was? This line of argument failed to win over the committee.

Instead, the committee suggested the design should "pull something in from around it" -- meaning, it should resemble other buildings in the neighborhood.

Members of the committee asked the presenters if they had looked at the ANC's guidelines for presenters, which are posted online. The presenters had not.

"Every single time that firm presents there's confusion about the process," a committee member said after the architecture firm had left.

1232- 1234 10th Street (photo credit: BadWolfDC)

Community members also came to the meeting and cited previous works in Shaw by the same firm with disapproval. See 2012 blog posts about their work at 926 N Street on the blogs Preserving DC Stables and DCmud, and a 2014 post about their work on 1232-1234 10th Street (see photo) on the blog BadWolfDC.

"Based on past experience, we don't have confidence that we will like your final product," a committee member told the presenters.

This item is on the agenda for consideration by the full ANC at its the regular monthly meeting, scheduled for tomorrow, April 1, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle).

Is Blagden Alley a Street?

The proprietor of the Lost & Found bar (1240 9th Street NW) came to a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle on March 25 to propose an outdoor patio of four tables and 16 seats. The proposed outdoor patio would be in Blagden Alley out behind the building where the bar is located. As proposed, it would take of seven feet of space in the alley and close at 10pm. It would be located in a corner of the alley, near where the alley dead-ends.

Chairs and tables here an impediment?

The discussion at the meeting is only preliminary -- no official application to use the public space has yet been made, nor has Lost & Found applied for the necessary revision to its liquor license that would enable outdoor service.

Members of ANC2F's Community Development Committee (CDC) were reluctant to encourage the application. The main sticking point objection seemed to be that Blagden Alley was a "street right of way" -- also known as a street. Vehicles would have the right to pass, make deliveries, etc., so you could not put tables in Blagden Alley any more than you could put tables in 14th Street.

"I'd want a clarification that you can use that land," said one committee member, directing Lost & Found's proprietor to get an opinion from the District Department of Transportation (DDOT), which has authority over public space use issues.

One woman, a resident of the 1200 block of 10th Street, told the committee she supported the public space application because the area would be safer if more businesses were open and operating in the evening.

"It would be a real opportunity to make a safe space on the street," she said.

Another person, whose property abuts Blagden Alley, was against the use of alley space for safety reason.

"The determining factor should be: Can you get a fire truck down there?" the property owner said.

The committee directed the proprietor to get a written opinion from DDOT on its right-of-way policies and also to consult the Blagden Alley Naylor Court Association before moving forward with the application.

"Everybody That Goes to Popeye's Must Be Drunk"

When the Popeye's Fried Chicken on 14th Street NW between N Street and Rhode Island Avenue closed recently, some were sad. It was inexpensive, and also had a drive-up window on the neighboring alley.

The leaders of Mt. Olivet Lutheran Church (1306 Vermont Street) were not so
sad. For decades, the back wall of the church has been victimized by drivers in the alley. Many, the church management thinks, might have been customers of Popeye's with the late-night munchies.

How it was (Google Street View)

"We always said, 'Everybody that goes to Popeye's must be drunk'," a representative of Mt. Olivet's building committee told a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle on March 25.

Why were the church and the Community Development Committee (CDC) discussing the sobriety of the drivers emerging from a now-closed business? Because now Mt. Olivet Lutheran Church must spend $100,000 to repair and repoint the rear wall of the church.

It is using $50,000 of its own money on the job, and asking the DC Preservation League for a matching $50,000 grant. A representative of Mt. Olivet appeared before the CDC to request a letter of support.

The church yesterday

The church will be repointing and repairing the whole length of the wall, but it is not clear yet on how high the labor-intensive repairs can go -- assuming the church gets the $100,000 it wants.

"Mt. Olivet has always been a valued member of the community," said a CDC member.

The committee unanimously passed a motion to send a letter of "unqualified support of the matching grant" to the DC Preservation League. The matter will now move to the full ANC for approval, where it will probably meet with little opposition or discussion.

Once repaired, the wall may not be subject to the same level of wear-and-tear, as the proposed new mixed-use building for the location will fill in the alley, as wall as replace the two neighboring buildings. 

See the agenda of the next meeting of ANC2F here. The meeting is scheduled for Wednesday, April 1, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle).

Popeye's will soon open a more upscale version of the franchise across 14th Street from its former location.

See a short video explaining repointing brick walls here.

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.

CORRECTED: Prestige Restaurant Patio Space at 11th and O Streets Endorsed

CORRECTION (5:30pm, 3/9/15): When originally posted this article (and the March 4th post referenced below) erroneously said the planned outdoor space was on the corner of 11th and Q Street, not O Street. A reader corrected. Apologies for the error.

David Dale of Dale Management and Development came before Advisory Neighborhood Commission (ANC) 2F/Logan Circle last week and convinced it to revise a decision on outdoor space for a proposed mixed-use building planned for 1337 11th Street NW, the southeast corner of 11th and Q  O Streets NW. Dale's request and subsequent decision occurred during the last regularly-scheduled meeting of ANC2F on March 4. 

How the space looked two days ago

The previous week, Dale had appeared before the Community Development Committee (CDC) of ANC2F -- see SALM blog post of March 4. At that time, Dale asked for endorsement of a plan that would brick over the entire space between the north side of the building and the sidewalk, and then set a decorative fence and hedge around it. This would create an area which was ideal for a restaurant patio, with seating for perhaps 50-60 people. Dale said previously he's had expressions of interest in the space from "household-name chefs who I cannot divulge".

The CDC refused to endorse Dale's request as submitted. Instead, they modified his plan and passed a resolution endorsing a smaller space -- roughly 65 percent of what Dale asked for. Over Dale's objections, the CDC's plan located the patio entirely on the western part of the requested space, toward 11th Street (right of photo), away from the neighboring residences on Q O Street.

Dale came back before the full ANC to explain why the CDC decision was unacceptable for him. The CDC's resolution, as written, would prohibit Dale from using a fire exit door that opens onto the east side of the proposed patio space (see left of photo). DC regulations require that such a door open onto a paved area. The door would be a requirement should a professional kitchen want to operate in that space.

Dale came back with an revised proposal, designed both to allow him to both have the required fire door as well as meet the CDC's desire to have roughly 65 percent of the originally-proposed space bricked over. The result was the creation of a patio with an irregularly-shaped green space in the northeast quarter, which would hold two newly-planted trees and an herb garden.

 "It is the exact number of square feet that was approved," Dale said.

There was some discussion about whether endorsing the design of the patio, as Dale had submitted it, obligated the ANC to endorse a future public space permit by a restaurant tenant.

"We're buying into the notion of some café space," said Commissioner Kevin Deeley (district 08).

"I don't think this is an implicit approval of outdoor space," said Commissioner Kate Gordon (district 01).

The ANC considered sending the decision back to the Community Development Committee. Dale told the ANC he had put $1.2 million into the renovation of the property and he needed to move forward.

"I have to be able to show something built to a restaurant tenant," Dale said. "I can't just hang on forever."

The full ANC approved Dale's proposal as presented without audible dissent. Dale will now take the ANC's endorsement to the District Department of Transportation (DDOT), which has authority over public space issues, for a final decision. 

11th and O Streets: "Household Name" Chefs Interested, But ANC Won't Go for 60 Seats Outdoors

CORRECTION (3/9/15): This article originally said the outdoor space was at the corner of 11th and Q Street. It is not. It is at 11th and O Street. Apologies for the error.

David Dale of Dale Management and Development asked a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle to endorse a plan that could have created outdoor dining space for "50 or 60 people" outside a new restaurant space. The space is on the ground floor of a proposed mixed-use building planned for 1337 11th Street NW, the southeast corner of 11th and Q O Streets NW. He made the request at the February 25 meeting of ANC2F's Community Development Committee (CDC).

1337 11th St in July 2014, viewed from across Q O Street

Dale's idea was to brick over the entire space between the northern side of the building to the Q O Street sidewalk. There would be a "hoop top wrought iron fence" and a 42-inch high permanent hedge around the perimeter. The bricks would match the sidewalk as much as possible.

Right now, Dale is only asking for a public space permit to start the construction of the space. The permit comes from the District Department of Transportation (DDOT), and often an ANC endorsement makes the process go more smoothly.

Who will occupy the space?

"I'm not asking anything about the liquor license," Dale said. "This is just a construction application."

Dale does not have a tenant for the building yet. At the meeting, he claimed that two "household-name chefs who I cannot divulge" were interested in the space.

"The two LOIs [meaning, I think, "letters of intent"] I have are from restaurants that people have heard of," Dale said later.

"This is leading up to a public space application," a member of the committee said, meaning that, once built, the patio space would inevitably end up serving as outdoor seating for a restaurant operating out of the building.

Developer reaches out to neighbors

Dale told the CDC he took "extraordinary measures" to ensure transparency and community input. He printed and distributed 125 copies of a flyer inviting neighborhood residents to the CDC meeting. Four or five people at the meeting identified themselves as neighbors concerned about the public space application.

"I appreciate the notice," one of them said to Dale. However, this man, and other neighbors, expressed apprehension at the prospect of 50+ outdoor streets on the patio.

"I'm very concerned about what kind of tenant you will have," said one 27-year resident of 10th Street.

There was a lot of discussion about what might happen if a restaurant came, meaning, for example, where and when the trash would be picked up and deliveries made, and and what the operating hours of the restaurant might be.

"I've let the applicants know there will be no full hours," Dale said.

Dale said his prospective tenants would want the patio space set up as Dale had outlined, and he would be in "a tight spot as far as making the economics work" without it.

"I'm sure you appreciate the pickle I'm in," Dale said.

The committee votes

The first vote the CDC took that evening was to endorse Dale's application as written -- to allow him to brick over the entire space. The motion went down to defeat by a single vote, 7 - 6. After that motion, a second motion was made that would allow Dale a paved space equivalent to that which was there before the renovation -- about 65 percent what Dale had asked for. The remaining easternmost portion, facing Q O Street, would be green space. This second motion passed unanimously.

The CDC's recommendation is on the agenda for the next meeting of the full ANC, which is scheduled for tonight, Wednesday, March 4, at 7 pm, at the Washington Plaza Hotel (10 Thomas Circle).

Read a March 2014 report about this development from the blog BadWolfDC here.

Publicly available records show that Dale Management and Development acquired the domain name 1337eleventh.com in January 2012. The page promises: "Coming soon!"

Agreement Reached in Logan Circle Air Rights Deal

Barry Madani of Madison Investments told a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle that his company had reached a deal with the board of the Zenith Condominium (1437 Rhode Island Avenue) which will allow Madison to build a part of a seven-story condominium over the Zenith's driveway. Madani told ANC2F's Community Development Committee (CDC) of the deal at its last regularly-scheduled meeting on February 25.

This space will change hands.

"They were interested, we came to an agreement," Madani said.

However, Madani did not say how much Madison Investments will pay the Zenith Condominium for the air rights. Last year, there were reports that the owners' association of the Zenith Condominium had been offered $500,000, but some members wished to hold out for more -- see SALM blog post of August 27, 2014.

The ANC does not have to endorse or even know about the deal, but it creates a situation in which Madison Investments needs to court the ANC's endorsement.

Madison Investments will get "fee simple" (meaning, unconditional) ownership of a slice of land, which is now a driveway to some outside parking on the side and rear of the Zenith Condominium. The slice is roughly the width of one curb cut. Its length starts at the public sidewalk in front of 1437 Rhode Island Avenue and ends somewhere in mid-lot.

In exchange, the Zenith Condominium will get (in addition to a large cash payment) a "perpetual easement", so vehicles coming and going from the Zenith can use the driveway just as they do now.

The change of ownership of the strip of driveway means that Madison Investments will now be responsible for the curb cut leading to Rhode Island Avenue. Madani explained that the District Department of Transportation (DDOT) treats this change of ownership and responsibility as "a new development", so Madison Investments must apply for a curb cut like it was a new one, even though the curb cut already exists and will accommodate the same cars moving and parking on the same land.

"For all intents and purposes, everything will remain as it is," Madani said.

The CDC unanimously endorsed this request with very little debate. It will recommend to the full ANC that a letter be sent to DDOT in support of the "new" curb cut. Normally, requests approved unanimously by the CDC are approved by the full ANC with little further debate.

This matter is on the agenda for ANC2F's next regular monthly meeting, scheduled for tomorrow (Wednesday), March 4, at 7 pm at the Washington Plaza Hotel (10 Thomas Circle).

New Blagden Alley Construction: "I Envision a Restaurant" Next to Rogue 24

A team from Douglas Development unveiled a plan for a new building to be constructed in Blagden Alley at a regularly-scheduled monthly meeting of a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle on February 25. The address will be 920 N Street NW. The building will abut Rogue 24 restaurant to the east. The space is currently a fenced-in empty lot which sometimes functions as a sculpture garden or a location for outside events.

Black building (right): Artist's conception of proposal

Paul Millstein of Douglas Development told ANC2F's Community Development Committee (CDC) told the committee the project was "a matter of right from a zoning perspective", meaning, it will not be necessary to seek zoning relief. However, the design, concept, and massing of the building must be approved by DC's Historic Preservation Review Board (HPRB) because the building is located in the Blagden Alley/Naylor Court Historic District. 

The black building on the right of the picture is the proposed new building.  The architect told the CDC the plan is for the building to have a two-story, 32-foot-tall building with a black brick veneer. It would be three feet taller than La Colombe coffee shop (left in photo), but still well within the zoning-dictated limit of 50 feet tall. Its design would "differ from [neighboring] historic buildings but have certain nods".

"We wanted to see the reaction to the brick," one of the presenters said.

The reaction to the color of the brick was not positive. Many members of the committee said they thought it should be changed. Some said it would not be possible to exactly match the color of the brick of the neighboring structures but recommended that the new building have "a similar color".

The new construction would also have access to an improved roof deck over neighboring Rogue 24.

Paul Millstein said there was no tenant committed to the space yet, but the building was built with food service in mind.

"I envision a restaurant," he said.

This lead to a discussion of practical aspects of a restaurant operating in the space, such as valet parking and trash collection. Millstein said he thought the future restaurant would have valet parking on 9th Street.

The committee voted unanimously to recommend the full ANC endorse the historical aspects of the new construction, with the provision that Douglas Development work with HPRB on the color of the brick.

The CDC's unanimous endorsement of this project will now move to the full ANC for approval. The case is on the agenda for ANC2F's next regularly-scheduled meeting on Wednesday, March 4, at 7pm at the Washington Plaza Hotel (10 Thomas Circle). In the case of unanimous committee endorsements, the full ANC in the past has often ratified decisions without much further debate.

(Photo credit: from documents distributed at the CDC meeting by Douglas Development)

14th Street Sidewalk Cafe for Slipstream Coffee

A committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle unanimously endorsed a request for a sidewalk cafe for coffee shop/cocktail bar Slipstream (1333 14th Street NW) at a regular monthly meeting on February 25.

(Photo credit below)

A settlement agreement signed by the establishment and ANC2F in 2013 dictates that the sidewalk cafe cannot have more than 20 seats. The same agreement also says Slipstream can serve sidewalk patrons starting at 8 am seven days a week. They can continue until midnight Sunday to Wednesday, and 1 am Thursday to Sunday, plus the evening before federal holidays.

Ryan Fleming, co-proprietor (with wife Miranda) of Slipstream, told ANC2F's Community Development Committee (CDC) that DC public space regulations will also limit the number of tables to four.

In order to use public space like a sidewalk, it is necessary to get a public space permit from the District Department of Transportation (DDOT). A letter of endorsement from the ANC makes the process go more smoothly.

The plan is to put tables outside during hours of operation and pull them in at closing -- no permanent fixtures. There will be no railing fences at the perimeter of the space. The committee recommended putting planters at the corners of the outside space.

There were comparisons to the outdoor space of their immediate neighbor, the restaurant Birch and Barley (1337 14th Street) when Fleming told the ANC that slipstream would have an awning.

"Will it be as imposing as Birch and Barley?" asked CDC member Jim Lamare (Commissioner for district 05).

"The awning is not similar to theirs," Fleming said. He further explained that the awning was already in place and, unlike Birch and Barley, was attached to the building.

In many cases, after getting a public space permit from DDOT, a liquor licensee has an additional step of going back to DC's liquor-licensing authorities for specific permission to sell alcohol outside. However, in this case, the proprietors had the foresight to have provisions about outdoor service written into its original settlement agreement (an 11-page .pdf viewable here), even though they did not immediately use it. At the meeting, Fleming said Slipstream did not start outdoor service directly upon opening because it did not have the money to buy extra tables, chairs, planters, etc.

This matter is on the agenda for the next meeting of the full ANC, scheduled for Wednesday, March 4, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle). Matters passed unanimously by the CDC are routinely passed by the full ANC without further discussion, unless someone from the community shows up to object.

There is a September 20, 2013, SALM blog post about this establishment when it was still in its planning stages.

(Photo credit: Joe Flood/flickr.com - Creative Commons License 2.0)

Cork Market In Danger of Losing Liquor License over Ownership Issues

DC's Alcoholic Beverage Control (ABC) Board is investigating Cork Market & Tasting Room (1805 14th Street NW) for possible "ownership interest issues". According to ABC Board document available here, the ABC Board is investigating to determine if it is appropriate to forward the matter to the DC Office of the Attorney General for prosecution, and to determine if the ABC Board can legally renew their liquor license.

A hearing on the matter was scheduled for yesterday, February 25, at the ABC's Board offices at the Reeves Center (14th and U Streets). The hearing was postponed until April 22.

The ABC Board document cited above asks the proprietors of Cork Market & Tasting Room, Diane Gross and Khalid Pitts, to supply all bank records for the establishment plus their federal income tax returns for 2012 and 2013.

The document also said the Board was looking into whether Cork was "not in compliance" with several parts of the DC Code. One of them is section 25-301 (a)(5), which states that, before the ABC Board will issue or renew a liquor license, the applicant must be able to show that he or she

is the true and actual owner of the establishment for which the license is sought, and he or she intends to carry on the business for himself or herself and not as the agent of any other individual, partnership, association, limited liability company, or corporation not identified in the application.

Another section cited is section 25-403 which states in part

The making of a false statement, whether made with or without the knowledge or consent of the applicant, shall, in the discretion of the Board, constitute sufficient cause for denial of the application or revocation of the license.

Khalid Pitts ran unsuccessfully for an At-Large City Council seat last year. His Linked In profile says he is active in an executive capacity in a number of other organizations, including Democracy Partners, DC Health Link, and USAction.

Cork Market & Tasting Room's sister establishment, Cork Wine Bar, is located across the street at 1720 14th Street. It is not named in the ABC Board document. Cork Wine Bar was one of the first upscale establishments to appear on 14th Street. It won Pitts and Gross the title Restaurateurs of the Year from Washingtonian Magazine in 2009.

Liquor License Revoked for Restaurant of "Convicted Felon"

DC's Alcoholic Beverage Control Board (ABRA) has revoked the liquor license for El Sauce restaurant (1227 11th Street NW). The order was issued on February 11. ABRA also referred the case to the office of the DC Attorney General.

The order says the liquor licensees are Maria and Jose Carcamo. Maria Carcamo divorced her husband in 2008 and renounced all claim to the establishment in the divorce settlement.

Jose Carcamo has been convicted of a Class II felony, the order says. Therefore, under DC law, he cannot hold a liquor license.

However, the order said, the establishment was no longer being run by Carcamo. Instead, the establishment is being run by Blanca Rubia, who is not named on the liquor license.

In an February 19 email, John Fanning, Chair of Advisory Neighborhood Commission (ANC) 2F/Logan Circle, said, "El Sauce has been a troubled business establishment for years in our neighborhood." Fanning (Commissioner for district 04) said problems over the years included a "crime scene regarding a homicide, a reported stabbing, numerous fights amongst the patrons, serving alcohol to intoxicated individuals and neighbors witnessing and reporting after hours operations."

El Sauce was the scene of a homicide in the early morning hours of March 27, 2011. The shooter was later sentenced to 18 years in jail.

This incident was not the only problem that it caused the neighborhood. At a May 23, 2013, ANC meeting, commissioners saw and discussed

a two-page long list of 23 incidents, including five assaults with a deadly weapon (including a brick and a head-butt) and an assault on police. In addition, there have been 11 fines for violations of various types and a long list of lesser offenses. ANC Commissioners reported witnessing fist fights and receiving reports both of harassment of women near the establishment and of operation at 4:30am, long after the licensed closing time.

ANC2F continued to press for action against El Sauce when it could, for example, when ABRA Director Fred Moosally came to address ANC2F's liquor-licensing affairs committee in September 2014.

In his recent email, Fanning said: "I believe the finds regarding El Sauce are a direct result from [the committee's] September meeting requesting that Director Fred Moosally to expedite enforcement inspections."

In an announcement unrelated to El Sauce, ANC2F will have the first meeting of the year of its Crime and Public Safety Committee on Thursday, February 26, at 7pm at the National City Christian Church (5 Thomas Circle -- enter on 14th Street). 

1216-1226 9th Street: "Peace in the Valley" Sought over Zero Parking Building in Blagden Alley

A group of neighbors of a proposed development at 1216-1226 9th Street NW have asked DC's Board of Zoning Adjustment (BZA) for standing as an interested party in an application for zoning relief, especially for a request to reduce the number of required parking spaces from 14 to zero. As a result, the BZA has postponed a hearing on the application, originally scheduled for January 27, to March 11, while the developers and their representatives attempt to get the neighbors on board for the relief.

Millstein (right) presents the project

Toward this end, Douglas Development had a public meeting, attended by representatives of Advisory Neighborhood Commission (ANC) 2F/Logan Circle and some of the neighbors, at La Colombe Coffee (924 M Street in Blagden Alley) in the early evening of February 11.

Paul Millstein of Douglas Development started off the meeting by stating: "We always appreciate a turnout."

Millstein and Andrea Gourdine of Douglas Development were joined by attorney Leila Batties of Holland & Knight, as well as a traffic engineer, and others, six in all. This was about the same number as the neighbors who came to the meeting. Ten neighbors, all living on the 900 block of M Street, signed the BZA document asking for standing.

Millstein told the neighbors he sought "peace in the valley".

He then recapped many of the details of the project, including its prospective high-end tenants who have signed leases (including celebrity chef Jeremiah Langhorne and a new incarnation of the "award-winning" cocktail bar The Columbia Room). Millstein also explain the reason why the developers are seeking zoning relief now, after the project had started, rather than the usual order of approval first, construction second. Most of these details were unchanged from November 2014, when the developers successfully sought ANC endorsement of the zoning relief -- see SALM blog post of November 24, 2014. The full ANC endorsed the zoning relief request at its December 2014 meeting.

In reply, a neighbor made the primary concern plain.

"Parking is a nightmare," she said. This building was one of many in the area trying to get permission to build without the required parking spaces (for an example, see SALM blog post of November 10, 2014). The neighborhood would be overwhelmed by cars coming in from the suburbs to eat and drink at "destination" restaurants and bars.

"Parking enforcement is part of the problem," the neighbor said. "We want to make sure these things are addressed now."

As a negative example, the neighbors sited the case of Le Diplomate (1601 14th Street).

"There was no dialogue", one neighbor said. As a result, there were constant traffic problems caused by the Le Diplomate's valet parking service at the corner of 14th and Q Streets, the neighbor said.

About the petition for standing in the zoning case, the neighbor said: "We filed because we want to make sure these things are addressed now."

Millstein urged the group to "get a collective voice", meaning, a point of contact who could negotiate on behalf of the whole group. If that happened, maybe some parking remedies could be put in writing and agreed on.

"If you don't get parking, you can't proceed," one neighbor said.

"We're going to hammer something out," Millstein said.

Millstein also told the neighbors that customers for both Langhorne's restaurant as well as the Columbia Room would, if the proposal went ahead as planned, enter and exit through Blagden Alley, rather than through the building's front on 9th Street, which would have other tenants, including Reformation Fitness. The prospect of cocktail bar patrons exiting through the alley did not seem to please the neighbors, but there seemed to be agreement that this had to be handled as part of the liquor-licensing process (which will take place later), and not as part of the zoning process.

The neighbors were urged to act as quickly as possible, as the filings for the March zoning hearings were due on February 18.

ANC2F Commissioner Charlie Bengel (district 06), in whose ANC district the property is located, announced the meeting at the February 4 meeting of ANC2F. Bengel and ANC2F Chair John Fanning (Commissioner for district 04) attended the meeting.

The documents related to the request for zoning relief, including the petition by the neighbors for standing, can be seen by going to DC's Interactive Zoning Information System and entering case number 18905 into the search bar.

Gompers Park to Improve Using Community Benefit Funds from Developer

Brad Reichard of the Friends of Gompers Park told Advisory Neighborhood Commission (ANC) 2F/Logan Circle on February 4 that developer-financed renovation of the park is proceeding. However, he noted some difficulties in getting the promised funds from the developer.

Statue of Gompers in the park (photo credit below)

Gompers Park is located at intersection of 10th Street, L Street, and Massachusetts Avenue, in front of the Morrison-Clark Inn (1015 L Street NW).

Friends of Gompers Park should receive a one-time payment of $20,000 from the developer Quadrangle Development according to the terms of a community benefits package -- see SALM blog post of January 8. This payment is part of the terms of a Planned Unit Development (PUD), in which Quadrangle Development agreed to make payments to local development groups in return for relief from certain DC zoning requirements. The zoning relief will allow Quadrangle to build hotels and housing at the corner of 9th and L Streets, one block from the park.

The Friends of Gompers Park had been in discussion with the National Park Service, Reichard said, about beginning work on an "aggressive planting program", as well as thinning out existing trees, removing garbage cans, and improving street lighting on the L Street side of the park.

Although the $20,000 payment is supposed to be ready to access, Reichard indicated he was having difficulty doing so. ANC2F Chair John Fanning (Commissioner for district 04) and Sherri Kimbel, Director of Constituent Services in the office of DC Councilmember Jack Evans (D-Ward One), told Reichard that, under the terms of the PUD, Quadrangle Development cannot dictate where money is supposed to go or demand documents like invoices. Fanning and Kimbel also told Reichard that, if he continued to have trouble accessing the PUD money, they would be happy to help in their dealings with Quadrangle Development.

The discussion of the park improvement is mentioned in the summary of February 4 meeting on ANC2F's website here.

A diagram showing the proposed improvements is available here.

(photo credit: 2008 photo by AgnosticPreachersKid/Wikipedia)

ANC2F Urges Bowser to Remove Hold from Franklin School Project

At its regular monthly meeting last night (February 4), Advisory Neighborhood Commission (ANC) 2F/Logan Circle voted unanimously to send a letter to Mayor Bowser asking her to allow the redevelopment of the Franklin School (13th and K Streets NW) to move forward.

Franklin School in 2013

"This delay is really unfortunate for our neighborhood," said ANC Commissioner Kevin Deeley (district 08). The Franklin School is in Deeley's ANC district.

The Washington City Paper reported last week that the Mayor had pulled the land disposition agreement for the Franklin School from the DC Council "due to concerns over lackluster fundraising for the project." The project plans to turn the site into a contemporary art gallery and museum called the Institute for Contemporary Expression (ICE).

"The mayor has taken this bill off the calendar," said Deeley.

Deeley also made the motion to ask Bowser to reconsider. He noted the "fund raising troubles cited in the media" but said no one, including the Bowser administration, had presented any evidence to support the contention that the project could not raise money.

Deeley also noted that the building had been vacant for seven years, and the current process of disposition of the school was in its fifth year. It had been discussed at the ANC at least seven different times, he said, before the ANC voted to endorse two of the four proposals for the site, including the ICE proposal.

Franklin School was one of five projects approved toward the end of former Mayor Vincent Gray's tenure which will now be reexamined by the new administration -- see articles from the Washington Business Journal here and the blog Urban Turf here.

1330 Vermont Street: Single-family Logan Circle Home Pops Back to Five Units

A proposal that would allow a developer to convert a single-family row house at 1330 Vermont Avenue NW, a stone's throw from Logan Circle, to a five-unit building got endorsement from a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle on January 29. ANC2F's Community Development Committee (CDC) unanimously approved the historical preservation elements of the concept, which would expand the building to the rear. No height would be added to the building.

The rear of the building now

If approved by the full ANC, the proposal will move on to DC's Historical Preservation Review Board (HPRB) for approval of concept. Jim Foster of Arcadia Design (1737 Johnson Avenue) told the committee the a DC official reviewed the project and found it is "by right", that is, it needs no zoning relief. (Foster did not yet have a letter to this effect from the DC government, he said, but he planned to get one soon.) If the historical preservation aspects of the expansion are approved, it needs no further consideration by the DC government.

"If you give approval, you won't see us again," Foster said.

Foster said the client for this project was DC developer John Casey.

Forster told the committee the expansion would add under 1,000 square feet to the building, which currently is about 4,000 square feet in size. As currently envisioned, the finished project would have two basement apartments, one ground-floor unit that with an entrance in the rear of the building from a small backyard, a single front-entrance unit with space on the ground and second floors, and a fifth unit which would be located on the third floor plus a mezzanine.

The fifth unit only would have access to a large roof deck. Forster characterized this unit as "the money unit" of the expansion. He said there would be a small elevator installed in the building to access this unit.

1330 Vermont from the front

The present rear wall of the property will be moved back, but there will still be space on the rear of the property for two parking spaces, which is the minimum required by zoning.

The committee asked if the abutting neighbors had been contacted. Foster said the abutting neighbor to the north had been contacted but the neighbor to the south had not been contacted. There was no mention of contacting the neighbors to the rear, whose houses face onto the 1300 block of Rhode Island Avenue but will look on the proposed expansion from the rear.

The committee urged Foster to show evidence of contacting the abutting neighbors when presenting the project to the full ANC.

The illustrations submitted to the committee made it look as if the expansion would be mostly covered in light blue aluminum siding. Foster reassured the committee that it would not be. First, Foster explained, the color ink that the printer used on the illustration did not accurately represent how the proposed project would look. Second, Foster said, the siding would be wood (perhaps pine or cedar) or "essentially wood", depending on how much the developer decided to spend.

ANC Commissioner Pepin Tuma (district 03) asked what "essentially wood" meant. Foster explained "essentially wood" meant something called "hardie plank siding" (called "hardie board siding" when explained here), which are cement boards artificially given the texture and color of wood.

Tuma is not on the CDC, but the proposed project is in his ANC district.

The expansion requires HPRB review because the building falls within two different historic districts -- the Logan Circle Historic District and the Greater Fourteenth Street Historic District.

The matter is on the agenda for the next meeting of the full ANC, scheduled for Wednesday, February 4, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle). Matters approved unanimously by the CDC are normally passed by the full ANC without much further debate, barring unexpected appearance at the meeting of opposition from the community.

Consideration of this project was the only item on the CDC agenda for this meeting.

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.

ANC2F Endorses $45,000 Benefits Package from Developer to Community Groups

At its regular monthly meeting last night (January 7), Advisory Neighborhood Commission (ANC) 2F/Logan Circle endorsed a Planned Unit Development (PUD) package that would, if accepted by the DC government, allow a planned hotel-and-apartment complex at 9th and L Streets NW to go ahead. The package was passed by the ANC without audible objection.

The future site of the development

As part of the PUD package, the ANC implicitly endorses the design and zoning aspects of the project. In return for this, Quadrangle Development pledges to contribute $45,000 to three community groups, specifically:

• $5,000 to Thompson Elementary School (1200 L Street) to purchase "equipment"
• $20,000 to a community group dedicated to the maintenance of Samuel Gompers Park, located at intersection of 10th Street, L Street, and Massachusetts Avenue.
• $20,000 to a community group dedicated to the maintenance of 10th Street Park, located between L and M Streets.

Last November, ANC2F held a committee meeting in which community organizations asked for a total of $55,000 in benefits, and Quadrangle Development came back with a counter-offer of $15,000. The committee asked Quadrangle to come back to the committee's December meeting with a better offer (see SALM blog post of December 1, 2014, for more details). Quadrangle apparently did so, and the offer as presented to the full ANC was approved by the committee at its December meeting. The ANC's decision last night ratified the unanimous committee vote.

See explanations of the PUD process -- one by the U Street Neighborhood Association here and another by the blog Greater Greater Washington here.

John Fanning to Chair Logan Circle ANC

John Fanning was elected Chair of Advisory Neighborhood Commission (ANC) 2F/Logan Circle at the ANC's first meeting of the year last night (January 7). Fanning represents ANC2F district 04 and will serve as Chair until the end of 2015. The motion to elect Fanning chair passed without apparent objection.

ANC2F Chair Fanning (photo credit below)

See a description of Fanning's experience on ANC2F's web site here.

Fanning also announced at the meeting that he has recently started working for the administration of Mayor Muriel Bowser as Ward Two liaison.

The ANC also selected Commissioners to fill other offices. They are

• Commissioner Pepin Tuma (district 03) as Vice Chair, and also as Chair of the Education Committee
• Commissioner Karin Berry (02) as Treasurer
• Commissioner Kevin Deeley (08) as Chair of the Community Development Committee
• Commissioner Kate Gordon (01) as Chair of the Alcoholic Beverage Regulation Administration (ABRA) Policy Committee
• Commissioner Charlie Bengel (06) as Chair of the Crime and Public Safety Committee

(photo credit: from the website of ANC2F)

1618 14th Street: "That Wall Could Collapse at Any Point Right Now"

A structural engineer testified to DC's Historic Preservation Review Board (HPRB) on December 18, 2014, that the south wall of 1618 14th Street NW "represents a significant safety hazard" and "bracing should have been installed quite a while ago".

"That wall could collapse at any point right now," said Nathan Hicks of Robert Silman Associates, a Georgetown-based structural engineering firm, in testimony concerning the owner's application to knock the building down.

"I have severe concerns about the integrity of that wall and the potential for its collapse," said HPRB Chair Gretchen Pfaehler at the same meeting.

The building sits on the corner of 14th and Corcoran Streets. The unsafe wall under discussion was the wall that runs along the Corcoran Street side. As of three days ago, when I last saw the building, there was no visible exterior bracing, nor was there any indication to passing pedestrians that the building was potentially unsafe.

Stephen Jaffe, owner of 1618 14th Street

HPRB against raze of the building

After hearing testimony both for and against the raze, the HPRB voted 7-2 to reject the owner's application. Many board members made statements opposing the application.

"We've protected and preserved buildings in far worse condition," said Joseph Taylor.

"We need to preserve this building," said Robert Sonderman.

"I'm not convinced that the owner is not partially responsible for its condition and he hasn't been very aggressive about remediating it," said Maria Casarella.

Building owner testifies

Stephen Jaffe, the owner of the building, testified in favor of the demolition. He told the HPRB he had bought the building in the year 2000, but he had no idea it was structurally unsafe until the year 2012, when the interior dry wall was taken down and the extent of the damage to the building was made clear.

Jaffe also told the HPRB of his intentions concerning the size of a successor to the present two-story building -- should he ever get permission to knock it down.

"We're thinking that it's going to be the same or possibly a three-story building," Jaffe said. "But basically the same style to fit in with the neighborhood. We're not looking to make a big change in this building."

At another point in the hearing, Jaffe told the Board he owned two other buildings in DC historic districts -- one of which is the building which houses Le Diplomate restaurant, one block away on 14th Street.

Other testimony at the meeting detailed the building's history as the location of first an African-American-owned tailoring business, followed by a high end photo studio. A sex club took residency in part of the building in 1991, according to testimony, and eventually expanded to the entire building. The club allegedly made unauthorized changes to the building's interior walls and was the scene of a fire in 2005. The sex club was finally closed in 2009 after a man fell to his death there. 

The request to raze the building was conditionally endorsed in November, 2014, by a committee of Advisory Neighborhood Commission 2F/Logan Circle (see SALM blog post of November 21, 2014). The committee's decision was ratified at the December 2014 meeting of the full ANC.

I did not attend this meeting. This report is based on viewing the archived video of the meeting, available here, starting a time 1:11:34.

(photo credit: screenshot of HPRB video of the meeting)