ANC1B "Great Weight" Fails Meridian Hill Property Owners

Advisory Neighborhood Commission (ANC) 1B/U Street twice voted last year to support the exclusion of individual properties from the soon-to-be-created Meridian Hill Historic District. However, D.C's Historic Preservation Review Board (HPRB) did not agree with the ANC. It voted on March 6 for the properties to be included in the historic district.

Augustana Church

According to an article starting on page one of the March 19 edition of the Dupont Current newspaper (32-page .pdf available here), Kim Williams of HPRB staff persuaded the board to include both 95-year-old Augustana Church (2100 New Hampshire Avenue NW) and a row of 1930's-era townhouses (2313, 2315, 2317, and 2319 15th Street) as contributing parts of the historic district. This will make it more difficult for the property owners to renovate, modify, or demolish the properties -- see HPRB page for homeowners here.

ANC1B voted to support the exclusion of Augustana Church and the row houses at its regular monthly meeting of November 2013 -- see SALM blog posts of November 11, 2013, and October 30, 2013, respectively.

Agencies of the D.C. government, including the HPRB, are required by Section 1-309.10 (a)(3)(A) of the D.C. Code to give "great weight" to ANC decisions. This means agencies must acknowledge receiving ANC recommendations and respond to them in writing. This means it is often easier for DC agencies to agree with ANC decisions, since disagreeing with an ANC may mean having to compose a well-reasoned response explaining why the "great weight" has been disregarded. However, there is no obligation to agree with ANC recommendations.

2313, 2315, 2317, and 2319 15th Street

According to an HPRB document (page 41 of a 119-page .pdf here), the 15th Street row houses were originally on a list of "non-contributing" buildings to the district. It is easier to get permission for renovations and modifications for non-contributing buildings in a historic district.

However, the buildings face, and are visable from, Meridian Hill Park across 15th Street. Williams apparently convinced the Board to remove them from the list, saying they are "an important contributor", according to the Current.

In the same article, HPRB members said inclusion in the historic district would not present insurmountable hurdles to homeowners. Members said the review process is speedy and few requests are shot down. Churches are often given special consideration, a Board member said.

See the recommendation by Historic Preservation Office that Meridian Hill be designated a historic district here.

See design guidelines for the new historic district here.

ANC1B Joins Protest Against MOVA Lounge

Advisory Neighborhood Commission (ANC) 1B/U Street has joined the Meridian Hill Neighborhood Association (MHNA) in protesting the liquor license renewal application of MOVA Lounge (2204 14th Street NW). The ANC voted to protest at its regular monthly meeting on February 6.

MOVA Lounge with placards last week

Last year, the ANC had voted to endorse MOVA Lounge's application in what
seemed at the time to be a routine case with no neighborhood concerns. After it seemed too late to reverse its decision, ANC1B learned that late-night noise from MOVA Lounge's rooftop garden had caused the MHNA and a group of 19 neighbors to protest the renewal application.

An MHNA representative told an ANC1B Committee (see SALM blog post of December 3, 2013) the protesters were unaware the ANC was going to deliberate on this matter because MOVA Lounge had not properly displayed a placard announcing the renewal application.

D.C. liquor licensing authorities apparently agreed with the improper placarding claim. MOVA Lounge was compelled to start the renewal application process over. This gave ANC1B the opportunity to weigh in the on side of the protestors.

At the February 6 ANC meeting, no representative of MOVA Lounge appeared, nor did MOVA Lounge respond to an invitation to attend a February 18 MHNA meeting where the matter was discussed.

At the February 18 meeting, a representative of the neighbors at 1407 W Street said the group had sent "about five emails" to MOVA's lawyer Andrew Klein. There was "zero response", he said.

MOVA Lounge has a rooftop garden at the rear of its building. At its closest point, it is separated from 1407 W Street only by a narrow alley. The 1407 W Street representative told the MHNA that amplified music from MOVA Lounge could be heard until 3am some evenings.

"We are not aggressively against MOVA Lounge," he said.

MHNA voted to continue the protest "in hope of establishing a settlement agreement" with MOVA Lounge.

At the MHNA meeting, Commissioner Ricardo Reinoso (district 05) said ANC1B's protest letter was "signed and ready to be delivered" before a March 3 deadline.

This is the second time in less than a month that a midcity liquor licensee has been tripped up by the placarding process. Last month, after accusations of improper placarding set the process back to square one, ANC 2F/Logan Circle voted to protest the new liquor license for Xavier Cervera's new Blagden Alley restaurant, The American -- see SALM blog post of February 11.

The MOVA Lounge vote was unanimous, with Commissioner Tony Norman (district 10) abstaining. Commissioners Sedrick Muhammed (district 02) and Deborah Thomas (district 03) were not present at the ANC meeting.

MOVA Lounge is in the ANC district of Commissioner Thomas.

Neighbors, Civic Association Protest Mova Lounge

2204 14th Street in 2011

An representative of the Meridian Hill Neighborhood Association has said the Association, plus a group of 19 citizens, will protest the application by Mova Lounge (2204 14th Street NW) for a renewal of its liquor license. The liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street heard on November 25 that the residents of the nearby residential condominium at 1407 W Street were concerned about the noise level coming from Mova Lounge's outside deck.

"The deck is literally 20 feet from our windows," the representative said.

Mova Lounge's application for the renewal of its liquor license had been endorsed by the full ANC1B at its previous monthly meeting along with a host of others. There had been no protests or neighborhood concerns voiced against Mova Lounge, so it was treated as a routine matter. ANC1B's endorsement has already been sent to D.C.'s liquor licensing authorities, and cannot be withdrawn.

The man from the Meridian Hill Neighborhood Association claimed Mova Lounge had not "placarded" the liquor license renewal application, meaning, it had not posted the mandatory large red signs in the window of their establishment, notifying the public of the opportunity to protest a liquor license renewal.

As a result, neighbors were unaware that ANC1B was considering Mova Lounge's license, so no one from the community came to voice concerns about the noise coming from Mova Lounge's roof desk.

A member of the committee said if the allegations about the placards can be substantiated, then Mova Lounge's liquor license application would move back to square one and the whole process would start from the beginning. This time, however, ANC1B could join in the process.

In any event, the Meridian Hill Neighborhood Association and a group of 14 neighbors have standing to protest the liquor license. The representative of the Meridian Hill Neighborhood Association said the aim was simply an agreement with the club.

"We don't oppose their existance," he said.

(Photo credit: Google Street View)

Church Joins Exodus from Future Historic District

Augustana Lutheran Church (2100 New Hampshire Avenue NW) has successfully pleaded with Advisory Neighborhood Commission (ANC) 1B/U Street to be, in effect, excluded from the soon-to-be-created Meridian Hill Historic District. The Church will be designated as "non-contributing" to the future historic district.

Historic district approved -- with exclusions

At V and New Hampshire NW

The last-minute plea came just before ANC1B voted to endorse the historic district overall, including the designation of certain buildings within the district as non-contributing. The vote took place at ANC1B's regular monthly meeting on November 7.

Property owners of most buildings within a historic district must obtain the permission of D.C.'s Historic Preservation Review Board (HPRB) before taking on a wide variety of renovations, including nearly any to the exterior of a property. If a property is designated as non-contributing within a historic district, however, the owner has a much greater variety of activity which can be carried out without HPRB approval.

Of the 65 buildings in the proposed district, there will be fifteen other properties proposed to be designated as non-contributing within the future Meridian Hill Historic District, according to Kim Williams of D.C.'s Historic Preservation Office (HPO), who testified at the meeting.

These may include four single-family homes along on the 2300 block of 15th Street, facing Meridian Hill Park. Representatives of the single-family homes got the support of ANC1B's Design Review Committee for exclusion at its meeting of October 28. This was the subject of the October 30 SALM blog post.

The full ANC's endorsement of the historic district followed the Design Review Committee's recommendation to exclude the four single-family homes.

Testimony from Augustana

The Reverend John Kidd, Pastor of the Augustana Lutheran Church, and counsel Meghan Meier appeared before ANC1B to ask for the exclusion. They gave two reasons. The first reason: the church was not part of the vision of Mary Henderson, the driving force behind the creation of the Meridian Hill district more than 100 years ago. This statement is difficult to evaluate, but the church seems to date from 1915, according to documents presented at the Design Review committee meeting. This was a time when Henderson was intensely involved in the creation and improvement of every aspect of the Meridian Hill district.

The second reason: the church is not visible from Meridian Hill Park, nor is it visible from 16th Street.

"We are sandwiched between two apartment buildings," Reverend Kidd said.

One of Augstana Lutheran's neighbors is Meridian Towers Apartments (2112 New Hampshire Avenue). This multi-story apartment building, built in 1964, is also designated as non-contributing.

In addition, Kidd and Meier indicated being part of a historic district would burden the church with additional responsibilities that it could not afford to carry out.

The vote

Commissioner Ricardo Reinoso (district 05) made the motion to support the Meridian Hill Historic District with the exclusion of the non-contributing properties, including the four single-family houses and the Lutheran church. Both the homes and the church are in Reinoso's district.

Of the twelve ANC1B Commissioners, the vote was five votes in favor of endorsing the proposed new historic district with exclusions, and two opposed. One of the "no" votes came from Commissioner Dyana Forester (district 06), who said she felt local residents had not been adequately notified about the district.

Three Commissioners were completely absent from the meeting, and a fourth arrived over 45 minutes late, after the vote was taken.

ANC1B Vice-chair E. Gail Anderson-Holness (district 11), who was presiding, did not vote. She explained at another point in the meeting that her practice was not to vote when she is presiding, except in the case of a tie vote.

In addition to ANC district 1B, the proposed historic district will also fall in part into three other ANC districts. Reinoso reported the other three districts -- ANC 1A/Columbia Heights, 1C/Adams Morgan, and 1D/Mount Pleasant -- have all voted to support the district.

The four endorsements will now go to HPRB, which is expected to approve the new historic district in general. The fate of individual buildings is not so easy to predict.

Homeowners Plead for Exclusion from New Historic District

The Meridian Hill Historic District seems set to go ahead. But some people who live there don't want their homes to be a part of it.

The proposed non-contributing homes

Two owners of single-family homes facing Meridian Hill Park on the 2300 block of 15th Street NW appeared before the Design Review Committee of Advisory Neighborhood Commission (ANC) 1B/U Street on October 28. They asked that their historic district homes, and those of two neighbors, be officially listed as "non-contributing", meaning, they do not have historic or architectural significance.

Many renovations, large and small, done to buildings in a historic district are subject to review by DC's Historic Preservation Review Board (HPRB). However, if a building is labelled "non-contributing", owners have a wider, if not complete, freedom if they wish to significantly modify their homes. For example, owners can demolish non-contributing buildings in a historic district without HPRB approval.

Commissioner supports constituents

Appearing with the homeowners at the meeting was ANC1B Commissioner Ricardo Reinoso (district 05). The homes in question fall in Reinoso's district, but he is not a member of the Design Review Committee.

Reinoso said the creation of the district is being co-sponsored by DC's Historic Preservation Office (HPO) and is scheduled for a December hearing.

Reinoso asked the Design Review Committee to recommend that the full ANC both endorse the historic district in general as well as agree that the four single-family homes (2313, 2315, 2317, and 2319 15th Street) are non-contributing.

The committee saw a new HPRB document on design guidelines for the historic district. The document included a photograph of 2517 15th Street as an example of a non-contributing building, calling it "[c]learly contemporary in design".

Two of the four homeowners also appeared in person to plead their case.

A close vote to support

Still, some members of the committee felt the 15th Street homes should be subject to HPRB review. This review would not impose an onerous additional administrative burden on homeowners, they indicated. Because these members could not agree to the classification of the four homes as non-contributing, they voted against endorsing the historic district.

The final vote was three for endorsing the Meridian Hill Historic District with non-contributing buildings, and two against. This is an unusually close vote for the committee.

Voting for the endorsement and the homeowners was Commissioner Tony Norman (district 10). Norman is the chair of both the Design Review Committee and the ANC as a whole, and is also the only elected official on the Design Review Committee.

Parts of the proposed new historic district will fall into ANC districts 1A, 1C, and 1D as well. ANC 1A/Columbia Heights unanimously passed a resolution supporting the creation of the new historic district in July. A report on the vote by the blog New Columbia Heights includes a map of the proposed historic district.

Reinoso reported that ANC 1C/Adams Morgan has also voted to support the district.

The matter will probably be voted on at the next meeting of the full ANC. This is scheduled for Thursday, November 7, at 7pm, at the Reeves Center (14th and U Streets)