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.

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)

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.

Logan Circle ANC Endorses Zero Parking for 90-91 Blagden Alley

Advisory Neighborhood Commission (ANC) 2F/Logan Circle has endorsed a request from the developers of 90-91 Blagden Alley NW that would allow construction of a 132-microunit residential development with no parking spaces. The decision took place at the November 5 regular monthly meeting of the ANC.

According to information on PropertyQuest, 90-91 Blagden Alley is zoned category C-2-A. Under current zoning regulations, there must be at least one parking space for each two dwelling units, or 66 spaces.

The vote concurred with the recommendation of ANC2F's Community Development Committee (CDC), made at its meeting of October 29, to support the request for zoning relief from the parking requirement -- see SALM blog post of November 4. The CDC's recommendation was also a split decision, 5 in favor, 2 against.

Four Commissioners voted for the endorsement, three against.

Commissioners voting for the no-parking option: John Fanning (district 04), Jim Lamare (05), Greg Melcher (06), and Matt Raymond (07). The planned development is in Melcher's ANC district.

Against the no-parking option

Commissioners voting against: Peter Lallas (01), Stephanie Dahle (03), and Kevin Keeley (08).

"We have to be incredibly vigilant about parking in our areas," Keeley said.

"A few things concern me about this," Dahle said.

Dahle pointed out that it would be very easy for the projected long-term temporary residents of the building to get a temporary street parking pass which would be good "for months on end"

Several audience members spoke against endorsing the request.

"I'm really opposed to letting people out of their parking agreement," one said.

Katherine Gordon, Commissioner-elect for ANC2F district 01, also spoke against zero parking.

Motion to remove car-free accommodations defeated

The developers had previously presented a list of benefits they plan to give to future tenants to encourage car-free living, including funding a new Capital Bikeshare station at a cost of $75,000 -- see SALM blog post of October 7. This list was included in the ANC2F motion to endorse this request for zoning relief. ANC2F Chair Raymond made a motion to strip this list of accommodations out of the motion to approve the zoning relief, and approve zoning relief without stipulation.

Raymond said he didn't like the precedent that requiring stipulations would set.

Raymond's motion went down to defeat, 6-1. Raymond was the only one to vote in favor.

An additional SALM blog post on this project also appeared on September 26.

The matter will next be considered by DC's Board of Zoning Adjustment (BZA). The BZA postponed a hearing on the matter, originally scheduled for the same day as this ANC meeting, until December 2. The BZA hearing will start at 9:30am, at a BZA hearing room, Room 220 South, 441 4th Street (Judiciary Square metro).

See ANC2F's summary of the meeting where this discussion took place here.

90-91 Blagden Alley: No Parking At All Gets a Go-Ahead

"[T]he neighborhood parking situation will quickly go from bad to much
worse."

Proposed view from M Street (from BZA files)

That's a neighbor's comment recently added to a public file of DC's Board of Zoning Adjustment (BZA) concerning the development of 90-91 Blagden Alley NW. The neighbor was expressing an opinion on the probable result of a request of developers SB Urban for a zoning special exception that would allow construction of a 132-microunit residence there with no parking spaces at all.

However, a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle decided on October 29 that it could live with no parking. ANC2F's Community Development Committee (CDC) voted 5-2 to recommend that the full ANC endorse the request for zoning relief for parking.

This is at least the second time this project has been before the CDC. At a September meeting, the CDC approved all parts of the zoning relief except for the parking special exception -- see SALM blog post of September 26. The developers then appeared before the full ANC to brief on their progress, including the commitment to invest $75,000 in a bikeshare station -- see SALM blog post of October 7. No vote was taken by the full ANC at its October meeting.

Attorney Cary Kadlecek of Goulston & Storrs once again led the team representing the developers. The package that the team presented was largely unchanged from previous visits. The group agree to put up "No Parking" signs targeted especially at delivery trucks in the alley. There will be a package delivery room on the part of the building that faces 9th Street, near a loading zone. There will be a trash room, with a trash compactor, on the part of the building facing M Street. There were promises that barrels of garbage would never sit out on M Street waiting for pickup.

The developers were "committed to keeping trash inside until the trash truck arrives", one of the presenters said.

Kadlecek also address committee concerns about moving trucks blocking local streets.

"We don't expect tenants to be using moving trucks," Kadlecek said. "It's just not realistic."

The apartments will come fully furnished and stocked with kitchenware, utensils, and other necessities, he said. The minimum lease would be 90 days, and the average duration of residency was expected to be 7-8 months. It was anticipated residents would arrive only with suitcases.

Still, some members of the committee were unconvinced, and one member of the public said: "Zero parking is a bad idea".

It seems possible ANC2F's decision may arrive too late to make any difference. This issue is on the agenda for the November meeting of the full ANC, scheduled for tomorrow, Wednesday, November 5, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle). On the morning of the same day (i.e., tomorrow morning, 10 hours before the ANC meeting), the BZA is scheduled to have a hearing on the project, according to an October 28 posting on the BZA's website. As reported previously, Goulston & Storrs requested a postponement of the November 5 hearing after the ANC voiced concerns. But the item still appears on the BZA calendar.

A copy of the letter asking for postponement, as well as the recently-added letter containing the comment that started this story, plus other documents related to the request for various types of zoning relief, can be seen by going to the BZA's Interactive Zoning Information System and entering case number 18852 in the search bar.

90-91 Blagden Alley: Developers Commit $75,000 for New Bikeshare Station

Representatives of developer SB-Urban told Advisory Neighborhood Commission (ANC) 2F/Logan Circle October 1 that, if a development at 90-91 Blagden Alley NW is approved, the developers would contribute $75,000 for the establishment of a new Capital Bikeshare station. This promise was made during ANC2F's regular monthly meeting on October 1.

Conception of development viewed from across M Street

The previous week, the Community Development Committee (CDC) of ANC2F tabled SB-Urban's request for a zoning variance that would allow the 132-microunit Blagden Alley development to be built without parking -- see SALM blog post of September 26. They asked the presenters to rework their plan and present it again.

The request is on the agenda for reconsideration at the next meeting of the CDC, scheduled for 7pm, October 29, at the Washington Plaza Hotel (10 Thomas Circle). The offer to purchase a bikeshare station will be part of the amended plan.

CDC Chair Walt Cain (Commissioner for district 02) began the discussion by calling SB-Urban "an example of people who have dealt with the CDC in good faith". Attorney Cary Kadlecek of Goulston & Storrs represented the developers.

Bikeshare

At the September 26 meeting, committee members observed that the additional of 132 small residences with no parking would probably great additional demand on the nearby bikeshare stations. So the developers came back with the promise to fund the station.

In an email, a representative of Capital Bikeshare said a 19-dock bikeshare station in central DC would cost around $55,000, plus about $25,000 for the first year of operation and maintenance. After the first year, Capital Bikeshare handles the cost of maintenance and operation.

Loading, unloading, deliveries

The conversation also continued about the developers' plans to deal with deliveries and garbage pickup. The revised design presented by the developers included the addition of a package delivery room facing M Street. If implemented, delivery drivers would stop on M Street and dash across the sidewalk to deliver packages. They would not need to drive bulky delivery trucks up narrow, brick-paved Blagden Alley to deliver packages to residents.

There would also be a 75-foot-long loading zone on the 9th Street side of the development where larger delivery trucks could park, presumably for a longer time. This was mentioned as a possible staging area for deliveries of supermarket food products from vendors like Peapod. One possible problem with this would be people using the loading zone to pick up and drop off from the businesses already operating on 9th Street, such as pet grooming and boarding shop Wagtime (1232 9th Street).

Garbage

A remaining sticking point seemed to be garbage pickup. The developers continue to plan to have all the garbage from the 132 units brought out to the curb in two-wheeled containers and picked at M Street. This was the same as the plan they presented at the September 26 meeting. However, Kadlecek presented a new revision to the design, with a trash room and holding area on the east side of the M Street front of the building, with a door out onto the sidewalk.

"We won't have trash sitting outside for a long time," promised a member of the team representing SB-Urban.

Among the variants discussed was requiring trash pickup services to radio ahead when they are in the neighborhood, so that trash containers could be moved out to the curb and emptied as quickly as possible.

However, there will still be on-street parking in front of the building. Attendees observed it would be difficult to get the trash removed between the bumper-to-bumper parked cars. The presenters said they were not planning to ask for any M Street parking spaces to be removed to facilitate trash pick up.

No motion was proposed or vote taken at the October 1 ANC meeting.

At the September 26 CDC meeting, representatives of SB-Urban said a hearing at DC's Board of Zoning Adjustment (BZA) on the proposed zoning relief was scheduled for November 5, roughly 10 hours before the next possible meeting when the full ANC could vote to approve a revised proposal. Attorney Kedlecek asked the ANC to take special measures to expedite their request, so an approval was voted on before the scheduled hearing. Cain said he would see what he could do.

On October 1, however, Kadlecek sent a letter to the BZA, asking for the hearing to be postponed from November 5 while SB-Urban continued to work with the ANC on outstanding issues. The letter asks that the meeting be rescheduled "as soon after November 5 as possible".

At copy of the letter asking for postponement, plus other documents related to the request for zoning variance, can be seen by going to the BZA's Interactive Zoning Information System and entering case number 18852 in the search bar.

No Parking for 132 Microunits at 90-91 Blagden Alley: "This Is Wishful Thinking"

CORRECTION: When first published, this article did not specify the date of the meeting. Apologies.

On September 24, committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle told developer SB-Urban, supported by parking consultants Wells & Associates, that it could not endorse its plan for absolutely no parking or loading area for its proposed 132-microunit residential building at 90-91 Blagden Alley NW. The parking issue was tabled until the next scheduled meeting of ANC2F's Community Development Committee (CDC) in late October.

Proposed view from across M Street, from BZA files

The developers sought ANC endorsement for a handful of zoning variances and special exceptions (see pages 4 and 6, respectively, of document here for definitions) that it wants from DC's Board of Zoning Adjustment (BZA). The cold comfort for the developers was that the CDC approved all of the requests apart from the parking. For example, the CDC did not object to the proposed roof structures (one is a five-foot-tall elevator overrun, set back 10 feet from the edge of the building), or the lot occupancy (the proposed footprint of the building will take up 89% of the property, whereas zoning allows 75%).

According to information on PropertyQuest, 90-91 Blagden Alley is zoned category C-2-A. Under current zoning regulations, there must be at least one parking space for each two dwelling units, or 66 spaces.

The argument for no parking spaces

SB-Urban's argument was that they could only fit eight parking spaces on the property, and to do so would require putting a ramp in a historic building. The presenters said their target demographic was car-free young professionals. There is a metro stop, a Circulator bus route, several conventional bus routes, 19 car share spaces, and two bike share stations, all within a quarter-mile of the building.

SB-Urban's representative also said they would offer a series of amenities to encourage bike use, including 42 spaces of bike parking, a "real time transportation board" (which would show, among other things, availability at nearby bikeshare stations), a maintenance space for bikes in the basement, a complimentary Capital Bikeshare membership for new arrivals, and ten helmets on hand for residents to borrow.

SB-Urban presented a very similar package of bike-friendly amenities to ANC 2B/Dupont Circle in March when they convinced the ANC to endorse a car-free micro-apartment concept for the Patterson Mansion (15 Dupont Circle) -- see SALM blog post of March 18.

The push back

The committee raised many objections. A committee member said expecting every inhabitant of 132 units to be car-free was unrealistic. Even a small number of tenants with cars would put an additional burden on an area with insufficient parking.

"Even if only 10 percent have cars, that's another 13 cars," said committee member Joel Heisey.

"There's got to be some other way than zero," Heisey said.

"We can't guarantee that zero percent of the people will have cars," a presenter said.

CDC Committee Chair Walt Cain (Commissioner for district 02) brought up "the loading question". There is no loading dock in the proposal, and no place for delivery trucks to park legally.

Presenters said all of the units would be furnished, so tenants would not arrive with truckloads of furniture to be unloaded.

Committee members and residents pointed out that the type of people who live in micro-units are also likely to shop on-line, meaning UPS and Fedex trucks visiting frequently, as well as deliveries of food from services like Peapod. One of the presenters said tenants wouldn't order food online because there was a newish Giant grocery store nearby. Members of the audience begged to differ.

"There's not even a place for a trash truck," a committee member said.

"Where is the trash going to be?" another committee member asked.

"On the sidewalk," the presenters replied.

There was an audible gasp from some members of the audience at this assertion. The discussion continued over the practical upshot of garbage from 132 units, however small, being picked up curbside on M Street. The presenters said garbage could be taken out to the curb and away in five minutes. Listeners were skeptical.

"This is wishful thinking," one resident said of the proposal.

The consensus seemed to be that there needed to be some parking for deliveries and loading, at the very least. The alternative, Commissioner Cain said, was an outright rejection of the request by the committee.

The presenters agreed to return with a revised proposal at the next CDC meeting, scheduled for October 29, 7pm, at the Washington Plaza Hotel (10 Thomas Circle). Normally, if the CDC endorses a proposal, it is considered by the full ANC at its next meeting, which in this case would be on the evening of November 5.

SB-Urban has a BZA hearing scheduled for the morning of November 5, i.e., before the ANC meeting. So the presenters asked if the ANC could agree at its October meeting to take the extraordinary step in this case of granting the CDC power to endorse a zoning request without full ANC consideration. Cain said he would try to work some arrangement out with the full ANC. 

The vote to endorse zoning relief requests except the special exception for parking passed the committee unanimously.

Ninety and 91 Blagden Alley are actually two unconnected properties, one of them (90) fronting on M Street, the other facing the Washington Convention Center across 9th Street. The proposal joins them by an elevated pedestrian bridge over Blagden Alley. They are being considered by the BZA as a single property.

This proposal was previously heard by the CDC in March when SB-Urban sought endorsement for an application to DC's Historic Preservation Review Board (HPRB) -- see coverage by the blogs Urban Turf and District Source. It received an unfavorable review from HPRB staff in July before receiving approval by a 4-3 vote by the full Board, according to District Source.

The documents pertaining to the application for zoning relief, including detailed plans and drawings of the project plus a 47-page transportation study, can be viewed by going to the BZA's Interactive Zoning Information System and entering case number 18852 in the search bar.

928 O Street: "Extinguish Your Torches and Put Away the Pitchforks"

"I think you need community feedback," said Walt Cain, representative for district 02 on Advisory Neighborhood Commissioner (ANC) 2F/Logan Circle.


928 O Street last week

The draft agenda for the June 25 meeting of ANC2F's Community Development Committee (CDC) showed a late addition. The architects and developers of a new property to be built at 928 O Street NW, backing on to Naylor Court, wished the CDC to recommend endorsement of a modern-looking three-story grey box of a structure in a historic district, so the plan could go ahead to DC's Historic Preservation Review Board (HPRB). Neighbors, quite unhappy, had come to oppose the project.

Cain, who is also chair of the CDC, started off the segment of the meeting pertaining to this project with the request (see headline) about torches and pitchforks. He told the meeting that, contrary to the posted agenda, the petitioners, Brook Rose Development and McGraw Bagnoli Architects, had come to make a preliminary presentation only. No HPRB request was imminent.

"The building is non-contributing," added Commissioner Greg Melcher (district 06), in whose district the building is located. When a building is "non-contributing", it means that, although it is located in a historic district, it is not deemed to have particular architectural merit.

Architect David Lee Bagnoli presented. He told the committee that the property abuts a two-story house on the east, and a vacant lot on the west.

Melcher said the neighbor to the west considered the "vacant lot" to be his side yard.

The developers are limited to a building of three stories, forty feet high. Their proposal is for a three-unit building. One unit would have two levels, a second three, and the third unit would be in the basement.

"It looks really massive," Melcher said. "Nothing else on the street looks like that."

The initial concept is a grey box with a glass bay on the front.

"We thought a light grey would be an appropriate color," the presenter said. "We're open to discussion on the color."

The property also backs onto Naylor Court. The proposal had a wall with a roll-up door facing the alley.

"A roll-up door won't fly," a committee member said. There were two roll-up doors on the alley already. Committee members advocated some type of structure facing onto the alley, but the presenters noted that the total footprint of two buildings would likely put the project over the maximum lot occupancy allowed under zoning regulations. The committee continued to urge a structure on the alley.

There wasn't much the committee liked about the project.

"I don't think you're heading in the right direction on this," a committee member said.

"Yours looks like a pop-up," another said.

After the committee was done, the floor was open to members of the community, who were equally unenthusiastic about the project, objecting especially to its scale.

Further discussion of the project was on and was then taken off the agenda of the next meeting of ANC2F, scheduled for tomorrow, Wednesday, July 9, at the Washington Plaza Hotel (10 Thomas Circle)

The project requires HPRB approval because it is located in the Blagden Alley/Naylor Court Historic District.

See a summary of the entire June 25 CDC meeting prepared by ANC2F here.

See coverage of this same presentation by real estate blog Urban Turf, with pictures of the proposed designs, here.

When NIMBYs Fail: The Liquor-license Case of "The American" (Blagden Alley)

Advisory Neighborhood Commission (ANC) 2F/Logan Circle decided at its regular monthly meeting May 14 to sign a settlement agreement with serial restauranteur Xavier Cervera, aspiring proprietor of "The American", a "classic American bistro" to be located in Blagden Alley, with the official address of 1209 - 1213 10th Street. By the time this post is published, the agreement will probably have been signed, but it is not posted on the web site of DC's Alcoholic Beverage Regulaton Administration (ABRA) as of this writing.

Future site of The American, once a boxing gym

At the last meeting of ANC2F on June 4, a neighbor who was part of a Group of Five or More Individuals separately protesting The American's liquor license returned to complain bitterly about the ANC's decision to sign a settlement agreement with The American and withdraw the ANC's protest. The group of five's protest will now be dismissed in accordance to a provision in the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (now part 25-609(b) of the DC Code).

In the event that an affected ANC submits a settlement agreement to the Board on a protested license application, the Board, upon its approval of the settlement agreement, shall dismiss any protest of a group of no fewer than 5 residents or property owners...

The neighbor and ANC Commissioner Greg Melcher (district 06) went around and around the same point at the June 4 meeting. The neighbor wanted The American to keep a complaint log. She wanted the complaint log to be accessible to neighbors and Commissioners. Melcher explained such a provision was considered unenforceable by ABRA. Several times, the neighbor asked rhetorically why, if this type of provision was unenforceable, was it included in the ANC2F settlement agreement template. The Commissioners tried several explanations, none of which satisfied the neighbor.

The reason why

Here is what the commission failed to explain at the meeting: the ANC2F settlement agreement template has a provision under which a liquor licensee must keep a complaint log, because a complaint log is allowable if the complaint log will be accessible by ABRA only, not by ANCs or neighbors. This type (and only this type) of complaint log is enforceable, according to ABRA.

Of course, there is something odd about requiring someone to maintain a complaint log which you cannot access.  It would not be unreasonable for a protesting neighbor to believe that ABRA will not be as vigilant in checking on the maintenance of such a log as the protesting neighbor him- or herself might be. Requiring this provision in its enforceable form would be, at best, of very limited utility.

Melcher told the complaining neighbor several times that Cervera had lawyers who would have no trouble demonstrating the complaint log provision was unenforceable. The result could be that the entire agreement that Melcher and the ANC had negotiated -- with limitations on operating hours and other provisions that would benefit the community -- could be voided. Cervera would then be free to stay open for longer hours, and refuse to honor other previously-agreed-upon obligations.

Fear of losing this "half-a-loaf" is why Melcher advocated signing the settlement agreement he had negotiated. In March, ANC2F voted to continued its protest, but by May Melcher had convinced his fellow commissioners that continuing to insist on this unenforceable provision was a losing proposition.

A second mistake

In addition to insisting on an unenforceable provision, the neighbors made a second serious error which doomed their protest.

There are three different types of citizens' groups which can gain standing to protest a liquor license. One is a registered citizens' group, which must have public meetings and meet other criteria. The second is an abutting neighbor, whose property must share a common border with the liquor licensee's property. The third is a Group of Five or More Individuals. As noted above, a protest by the last of these three can be dismissed if the ANC reaches a settlement agreement with a liquor licensee. However, the other two groups may continue to protest a liquor license, even if their ANC signs a settlement agreement.

In the case of The American, the protesting neighbors constituted themselves as as official Group of Five or More Individuals, and gained official standing in the liquor license protest. After the deadline to gain standing had passed, the Group of Five or More Individuals tried to split into two groups. One was a group of abutting neighbors, 12 in all, according to an ABRA document. Perhaps the neighbors realized, too late, that their position would be stronger if they could be recognized as a group of abutting neighbors, because their protest could not be as easily dismissed.

Cervera's attorney objected and the neighbors' attempt to change status was rejected on May 28 by ABRA as "untimely", meaning, it occurred after the deadline to establish yourself as an officially objecting party. With this rejection, their last hope to force more concessions from Cervera died. They will have to live with the "half-a-loaf" agreement.

I don't know if the neighbors consulted a lawyer of their own at any point.

More likely, they tried to work the system without help of a lawyer. If so, the lesson of this story seems to be: if you're going to try to block a liquor license, it's worth it to hire an attorney at least as knowledgeable as your adversary's.

Prospective Blagden Alley Restauranteur Accused of Theft, Sabotage by Investors

Now-bankrupt investors who bought Barracks Row restaurants from Xavier Cervera, aspiring owner/operator of the restaurant "The American" in Blagden Alley, are accusing him of stealing property and deliberately sabotaging his former restaurants. Advisory Neighborhood Commission (ANC) 2F/Logan Circle is protesting the Cervera's application for the Blagden Alley liquor license -- see SALM blog post of March 12.

According to an April 24 Wall Street Journal blog post, the investors claim Cervera, after selling his restaurant properties, kept a Vespa motor scooter and artwork belonging to the restaurants. The investors also claim Cervera used his role as a paid consultant to subvert the operations of his former properties. Cervera's ultimate goal, the documents claim, was to get the investors to default on their payments so he would regain control of the properties.

In their court filing, the bankrupt investors did not make clear how they believe Cervera went about sabotaging their operations.

Cervera has denied the allegations both in the original Wall Street Journal blog post and in a statement to the blog Capitol Hill Corner. Cervera said he "had no ownership, management, or financial control over any of the Debtor’s operations at any time following the sale." Cervera said in the statement to the Wall Street Journal that the scooter and artwork were his personal property.

Meanwhile, The American (official address: 1209 - 1213 10th Street NW) has had a contentious set of negotiations with its neighbors and ANC2F over its liquor license. There were allegations the placards announcing the liquor license hearing were not properly displayed -- see SALM blog post of February 11 -- which led to a delay of the process by several months. The American had a preliminary hearing before D.C.'s liquor-licensing authorities on March 24. On April 2, the liquor-licensing authorities approved a motion from the restaurant's attorney (page seven of 20-page .pdf here) to delay the next scheduled hearing on The American's license.

ANC2F Sticks to its Guns vs. "The American" in Blagden Alley

At its regular monthly meeting March 5, Advisory Neighborhood Commission (ANC) 2F/Logan Circle has decided not to settle for half a loaf in its negotiations with local serial restaurateur Xavier Cervera. But not without misgivings.

The site is currently a boxing gym

"They have lawyers," said Commissioner Greg Melcher (district 06). "We don't have lawyers."

ANC2F will meet Cervera's lawyers at a March 17 hearing before D.C.'s Alcoholic Beverage Regulation Administration (ABRA). The topic will be a liquor license for Cervera's planned new restaurant "The American". ANC2F is protesting the liquor license, hoping to compel Cervera to sign a settlement agreement with shorter outside operating hours than he wishes.

The disagreement seems to be over a single hour, on Friday and Saturday nights. Cervera wants to have service in the outdoor part of his restaurant until 1am. The ANC, urged on by future neighbors of the restaurant, wants outdoor service to end at midnight.

Melcher told the committee further negotiations were not possible.

"The applicant has rebuffed me," he said. "The community wants more but we can't get more."

The American will be located in Blagden Alley, which is part of Melcher's ANC district.

ANC2F and The American have agreed on all other aspects of the restaurant's operation, including operating hours for the indoor portion of the establishment and weekday hours for the outdoor part. See a copy of the draft settlement agreement here.

The negotiation between Cervera and ANC2F started last September. The ANC voted to protest the liquor license application at its February 5 meeting -- see SALM blog post of February 11.

Melcher seemed to think it possible that ABRA would find against the ANC, in which case The American might be free to stay open even later -- possibly until 2am on weekdays and 3am on weekends. He wanted to give the ANC and the community the opportunity to settle for Cervera's hours rather than risk losing everything.

An audience member who identified himself as a near neighbor in Blagden Alley urged Melcher not to compromise. At least some of Melcher's fellow commissioners seemed to think the case was winnable.

"I think our chances are pretty good," said ANC2F Chair Matt Raymond (representative for district 07).

No action was necessary to continue the ANC's protest, so no vote was taken on the matter.

An article on the blog BadWolf DC has drawings of what the proposed restaurant might look like.

1225 10th Street Renovation: Back to the Drawing Board

A committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle has sent the team planning to develop the vacant lot at 1225 10th Street NW back to the drawing board. At its February 19 meeting, the Community Development Committee (CDC) said the current design for a new four-unit condo, tentatively approved by D.C.'s Historic Preservation Review Board (HPRB), was unacceptable. The committee's recommendations were in contradiction of the HPRB's recommendations. The owners, architect, and developers are left to find a solution which pleases both parties.

The vacant lot as seen from Google Street View

Architect Shawn Buehler of Bennett Frank McCarthy Architects led the presentation team at the meeting, which included S2 Development and the lot owners. 

The plan is to build a four-unit condo on the 25-foot-wide site. Three units would be in the planned three-story main building facing 10th Street. The fourth unit would be the existing carriage house at the rear of the property. There would be a courtyard between the front and rear buildings, only accessible through one of the buildings. The owners plan to sell three units and live in the fourth. It was estimated the construction would take 9-12 months.

The development is "by right", meaning, it does not require any zoning variances or special exceptions. However, it must be reviewed by the HPRB because it is located in the Blagden Alley-Naylor Court Historic District.

The architect had already consulted HPRB staff and had modified his original drawings to include HPRB input. CDC members were not satisfied.

"I'm quite concerned about the windows," said Helen Kramer. "They're quite different from anything else in the row."

Joel Heisey thought the design's symmetrical facade didn't match its surroundings.

"The whole block is asymmetrical facade," he said.

Buehler responded: "I'm smiling because we started with an asymmetrical facade."

Buehler explained that his original asymmetric design (which he showed the committee on his Apple laptop) had been rejected by HPRB staff. The result was the design he was presenting to the CDC. Committee members told Buehler he should go back to HPRB with the ANC's recommendation and sell them on an asymmetric facade. 

"Don't let HPRB design your building," Heisey said.

The CDC did not approve the design, nor did it pass a motion to protest the design. It told the architect to come back with a new design at a future meeting.

The CDC voted unanimously to recommend the full ANC approve the concept and massing of the building. The full ANC will probably consider the recommendation at its next regular monthly meeting, scheduled for Wednesday, March 5, at the Washington Plaza Hotel (10 Thomas Circle).

On-line records indicate 1225 10th Street lot is 3,573 square feet and was sold in August 2011 for $815,000.

See more details about the project, including drawings of the rejected facade, at the blog BadWolfDC.

ANC2F Votes to Protest Liquor License for The American in Blagden Alley

Neighborhood Advisory Commission (ANC) 2F/Logan Circle voted unanimously at its regular monthly meeting February 5 to protest the liquor license application of The American, a new restaurant by local serial restaurateur Xavier Cervera. The street address of the restaurant will be 1209 - 1213 10th Street NW, which is in the Blagden Alley-Naylor Court Historic District.

The notices were put on the roll-up door, right

The American seemed well on its way to getting a liquor license last year. As reported in the SALM blog post of September 24, 2013, ANC2F had missed a deadline to protest The American's liquor license application. This meant that the ANC had much less leverage in negotiations for a settlement agreement on such contentious issues as noise abatement and outside operating hours.

However, some neighbors complained that the liquor license application notice had been improperly displayed on the side of the building (see SALM blog post of November 14, 2013) . The notice had been placed on a roll-up door, which was open part of the day, the neighbors said. D.C. liquor licensing authorities, apparently sympathetic, required that the process start over from the beginning, including freshly-posted notices elsewhere on the site. This gave ANC2F a chance to recover and gain legal standing as a protestant.

It was announced that the ANC would try to reduce the hours that the establishment could operate, ask for additional trash compactors, clear vermin control measures, and a mechanism to remedy disagreements.

ANC2F Chair Matt Raymond (Commissioner for district 07) said the protest would be on the basis of the possible disruption of peace, order, and quiet in the neighborhood, and that any Commissioner was empowered to negotiate on the ANC's behalf.

After the meeting, a posting summarizing the February 5 ANC2F meeting appeared on the web site of the Blagden Alley Naylor Court Association. It is signed by "BANCA", but may have been written by Commissioner Greg Melcher (district 06), in whose district The American plans to operate, or by another commissioner. The post says:

Voted to protest the license for the American.  I will attempt to negotiate better terms than we had prior however I need to note that the agreement we approve at the ANC level will be generally consistent with other agreements (modeling the SA [settlement agreement] on the Glass House which has a second floor summer garden on the rear facing the rear of residential properties on the 1300 block of Vermont and Rhode Island Avenues very similar to the American).

The next meeting of the full ANC2F is scheduled for 7pm on Wednesday, March 5, at the Washington Plaza Hotel (10 Thomas Circle).

Blagden Alley Meets Restauranteur at ANC2F Liquor Committee

The residents of Blagden Alley came out in force to quiz restauranteur Xavier Cervera on September 19 about his proposed new establishment. The venue was the monthly liquor-licensing affairs committee meeting of Advisory Neighborhood Commission (ANC) 2F/Logan, held at the Washington Plaza Hotel (10 Thomas Circle NW).

Blagden Alley is located inside the block bordered by 9th and 10th Streets to the east and west, and M and N Streets to the south and north. It is a National Park Service Historic District.

An anonymous leaflet, which taped to the doors of many area houses on the day of the meeting, apparently helped raise the level of attendance. Over thirty members of the public packed the tiny hotel meeting room, sending hotel staff scrambling for extra chairs.

Meetings of this type are normally attended by only a handful of individuals.

ANC misses protest deadline

Due to a communication error, ANC2F missed the September 9 deadline to protest this liquor license before DC's Alcoholic Beverage Control (ABC) Board. ANCs often file protests before meeting aspiring liquor licensees in order to maintain leverage in negotiations. These negotiations often are about operating hours, trash pickup, noise, outdoor seating, and other parts of restaurant operation that effect the neighboring area. The agreements that restaurants, ANCs, and other parties sign on these matters are called "settlement agreements". In this case, ANC2F will attempt to negotiate a settlement agreement without the threat of a protest before the ABC Board.

Restauranteur Cervera testifies

Cervera is a long-time restaurant and hotel operator. Late last year, he sold all nine of his DC restaurants to a Boston equity firm reportedly headed by his brother. This restaurant, to be called "The American", is the first one he will open since the sale.

Future front of The American

Cervera told the meeting that The American will go up on a Blagden Alley site until recently occupied by a boxing gym, plus an adjoining parking area for a Rent-a-Wreck franchise. The boxing gym will convert into an indoor restaurant, and the parking lot in a large, completely-enclosed outdoor patio. This will require a "major renovation", he said.

The restaurant will feature "casual dining".

"We will be very neighborhood friendly," Cervera said.

The American will seek a category CR (restaurant) liquor license. There will be no entertainment endorsement, but recorded music will be used. According to Cervera, there will be no unusual operating hours for either the indoor or outdoor parts of the restaurant. This means the restaurant seeks permission to operate inside until 1am Sunday - Thursday, and 2am Friday - Saturday, and outside until 11pm Sunday - Thursday, and 1am Friday - Saturday.

Future location of The American patio

Commissioner John Fanning (district 04), chair of ANC2F's liquor-licensing
committee, asked about the planned patio. Cervera said he plans to level and raise the current parking lot two feet, and install a seven-foot high privacy fence around the outside of the property.

A placard outside the future site of the restaurant says the indoor seating capacity will be 70 and the outdoor seating capacity will be 75.

The planned opening is May - July 2014.

Cervera told the residents "restaurants are coming, not retail" because Blagden Alley is not on a regular route taken by either pedestrians or automobiles. Cervera also said the residents were better off dealing with a restaurateur with a proven track record.

The community's turn

Fanning said that each person would be granted two minutes to speak, but the rule was not strictly enforced. No one tried to monopolize the discussion, and  people gave the impression they had said all they wished to.

A few residents declared themselves categorically against the restaurant.

"Washington doesn't need another restaurant", one said. 

"Totally incompatible with families," said another. "Not compatible with we want in the inner city."

However, most seemed to want air specific concerns or request specific limitations. Most of these were about noise, trash, and parking.

Several of the area residents commented on the "canyon effect" of the alley, meaning, that the noise of exiting customers, deliveries, and other normal restaurant business would be magnified to intolerable levels.

Concerning parking, all sides seemed to be in favor of a complete ban of parking in the alley and instant ticketing for all violators.

"Getting in and out of the alley is a big concern to us," said resident of the 900 block of M Street.

Both sides seemed to agree on a provision that would exclude delivery trucks from Blagden Alley. All delivery trucks would have to park on adjoining thoroughfares and bring deliveries to the restaurant with handtrucks.

In response to a question from a resident of the 1200 block of 10th Street, Cervera said there would no signage showing the way to the restaurant.

A Blagden Alley resident who identified himself as a fellow restauranteur said he was concerned about the restaurant's exhaust and air conditioning system.

"My terrace is five feet from your roof," he said.

The fellow restauranteur and Cervera continued a long discussion over site diagrams in the corridor outside after the meeting was finished.

During the meeting, a debate occurred when the Blagden Alley residents tried to push back on operating hours for the outdoor patio. The residents lobbied for earlier closing on weekdays than 11pm. Cervera disagreed. Finally, there was an agreement not to serve customers outside after 10:30pm, although customers eating on the patio at that time would be allowed to finish their meals.

Motion to support passes

After more than an hour of community comment, ANC2F's liquor-licensing affairs committee passed a motion to support The American's application for a liquor license, with the understanding that there would be continued work on a settlement agreement. The vote was 5-0, no abstentions.

The matter may come to the attention of the full ANC at the next scheduled meeting on October 2 at the Washington Plaza Hotel. The meeting will start 30 minutes earlier than usual, at 6:30pm, to facilitate an appearance by Jack Evans, Councilmember for Ward Two on DC's City Council. Evans and members of the Metropolitan Police Department will discuss the recent gun-related violence in Logan Circle.

The next hearing on The American's application before the ABC Board will occur on September 23.