Shaw Restaurant Wants Public Space, ANC Wants Security Cameras

Advisory Neighborhood Commission (ANC) 6E/Shaw endorsed a request for 50 seats of sidewalk seating for the Shaw branch of Beau Thai restaurant (550 7th Street NW, at the corner of P Street) at its regular monthly meeting on March 2. However, it included the stipulation that Beau Thai should install outdoor security cameras -- apparently not part of Beau Thai's plan or request.

Interior of Beau Thai Shaw (photo credit below)

Andrew Klein of Veritas Law Firm represented Beau Thai. He told ANC6E the request was for 750 square feet of unfenced sidewalk space with umbrellas. It is located on the P Street side of the mixed-use building where Beau Thai is located, between 7th Street and an alley. The space will close at 11am Sunday to Thursday evenings and midnight Fridays and Saturdays. Tables will be brought inside or secured once outdoor seating hours have passed.

The normal DC requirement for urban sidewalks is a ten-foot gap for pedestrians to pass between the edge of sidewalk space and the nearest obstruction -- in this case, a sidewalk tree box. The District Department of Transportation (DDOT) has the discretion to reduce it to as much as six feet.

In this case, Klein said: "We'll be asking them to reduce it to nine."

Klein told the ANC they had already received the necessary separate permission from DC's liquor licensing authorities to serve alcohol outdoors.

A Commissioner brought up the possibility of installing outdoor security camera, sighting the May 2013 case of a man to robbed two people sitting at the sidewalk patio of Pizzoli's Pizzeria (1418 12th Street NW) in Logan Circle. The establishments outdoor security camera caught the robbery, which led to the arrest and convicting of the hold-up man -- see SALM blog post of September 23, 2013.

"I'm sure [the owner] will consider it," Klein said.

The Commissioner said such camera were not expensive.

"Yes, they're only like about $200 apiece," said ANC6E chair Marge Maceda (Commissioner for district 05).

Commissioner Alexander Padro (district 01) made the motion to endorse the outdoor space request with the provision that security cameras be installed. The motion was approved unanimously, with two abstentions.

Beau Thai Shaw is in Padro's ANC district.

The initial liquor license for the Shaw branch of Beau Thai was the subject of an SALM blog post of September 18, 2014.

(Photo credit: the blog BadWolfDC. Used by permission.)

2201 P Street: Child Care Center with Three Applicants for Every Space Seeks to Expand

At its regularly-scheduled meeting on February 11, Advisory Neighborhood Commission (ANC) 2B/Dupont Circle unanimously endorsed a request by the School for Friends at Church of the Pilgrims (2201 P Street NW) to expand from 50 to 74 students. The school enrolls children from age 12 months to six years.

Church of the Pilgrims in June 2014 (Google Street View)

To expand, the school will need a special exception from DC's Board of Zoning Adjustment (BZA). 

The church has been operating a pre-school group since 1964 and has been operating on church property since 1984.  The church property, however, is still zoned residential.

The BZA has given the School for Friends a special exception seven times since 1964, most recently in 2011. The 2011 approval was for a term of ten years, and allowed the school 50 students and 12 staff. In addition to expanding to 74 students, the school also seeks permission to expand the size of its staff from 12 to 18. The school will operate Monday to Friday, from 8am to 6pm.

A representative of the School for Friends told the ANC the expansion would cause "limited increase in drop-offs", and therefore more traffic around the school at opening and closing. Documents submitted by the school to the BZA say the school already has 18 parking spaces which can be used by caregivers picking up or dropping off.

BZA documents also say the school will have "4 to 6 month construction phase to enlarge and reconfigure the space for the School’s increased use", during which the School proposes to relocate to "alternative space within the existing Church facilities".

There was "no other place for expansion", the School for Friends representative told the ANC.

In response to ANC questioning, he also said the school currently had three applicants for every available space.

See the text of the resolution supporting this request at the February 2014 installment of ANC2B's "Votes of the ANC" blog here.

More information about this request for a special exception is available by going to the Office of Zoning's Interactive Zoning Information System and entering case number 18926 in the search bar.

The school and the church are actually located in ANC 2D/Kalorama, which has already endorsed the request, but abuts ANC2B on the east side of the property of the school.

West Dupont Liquor License Moratorium: ANC Recommends 120 Day Extention, Seeks Public Comment

At its regular monthly meeting on February 11, Advisory Neighborhood Commission (ANC) 2B/Dupont Circle voted unanimously to recommend that the prohibition on new liquor licenses in the West Dupont Moratorium Zone be extended for 120 days. This will allow the ANC to provide input on the extention of the zone to DC's liquor-licensing authorities.

On the same day, ANC2B announced on its web site that it would be holding two public meetings later this month to collect community input on continuing the liquor licence moratorium in the zone, which extends roughly 600 feet from the corner of 21st and P Streets NW (see map).

As of now, the moratorium zone is set to expire on May 17. If the extension is not granted, ANC2B ill not be able to hold hearings and submit a recommendation to DC's Alcoholic Beverage Regulation Administration (ABRA) in time for its opinion to make a difference.

Commissioner Daniel Warwick (district 02)  announced there would be two public hearings about the liquor license moratorium. They will take place on Saturday, February 21st, from 2 - 4pm, and on Wednesday, February 25, from 7 - 9pm, at the Church of the Pilgrims (2201 P Street). 

Warwick also said a page had been set up on the ANC's website had been set up to solicit community input. The page includes a link to an online questionnaire about the liquor license moratorium.

The West Dupont Moratorium Zone is in Warwick's ANC district. ANC2B appointed him chair of a working group on the moratorium at its January meeting -- see SALM blog post of January 15.

The liquor-licence moratorium does NOT forbid liquor licenses in the area, but it does limit the number and category of licenses -- see a description of the moratorium zone on ABRA's website here.

Patterson Mansion: Should Cars Be Able to Cross a Busy Dupont Circle Sidewalk?

The development of the Patterson Mansion (15 Dupont Circle) was back before Advisory Neighborhood Commission (ANC) 2B/Dupont Circle again at its last regular meeting on February 11.

The Patterson Mansion in October 2013

Brook Katzen, Vice-President of Development at SB-Urban, and attorney David Avitabile of Goulston & Storrs, came before the ANC to explain the handful of public space changes it wishes to make to the busy sidewalk area on the sides of the Patterson Mansion that face Dupont Circle and P Street. Public space management is the responsibility of the District Department of Transportation (DDOT), who will make the final decision. The ANC's role is advisory.

The building will require two new Pepco transformers, which will live in large metal boxes next to the renovated building on the P Street side, somewhat camouflaged from the street by shrubs. As everything stands now, this will cause a pedestrian choke point on the sidewalk between the transformers and their green camouflage on the building side and the existing bus stop on the street side. So the developers are asking for permission to move the bus stop a short distance down the sidewalk to the east, toward 18th Street. The distance of the move is small, so buses can still stop on the existing concrete bus pad on P Street.

If the request is approved, the developers will pay the expense of moving the bus stop.

In the space vacated by the bus stop, the developers propose adding "four spaces" of bike racks. The ANC asked the developers to consider more than four.

Katzen also told the ANC that the DDOT wants to close one of the curb cuts that allow access to a shallow circular driveway to the front door of the building. He explained that DDOT has a standard of one and only one curb cut per new building. The resulting plan is to allow DDOT to close the curb cut on the right side of the front driveway as you look at the building.

The ANC tried to thrash out whether this was really a good idea. If two curb cuts remained, then the circular driveway could be used to pick up and drop up tenants and visitors, to allow deliveries, etc., assuming the cars and trucks could navigate the circular drive, which is somewhat narrow by modern standards. The vehicles would be crossing a very heavily-travelled section of sidewalk -- a potentially dangerous situation.

On the other hand, if the curb cut was blocked, then pick ups, drop off, deliveries, et al., would have to take place on-street in Dupont Circle. Vehicles would sit in the street while passengers fumbled for change or drivers (disregarding street signs) delivered packages -- also potentially dangerous and likely to increase congestion as well.

Katzen told the ANC that SB-Urban had made a pitch for the curb cuts to remain, but DDOT seemed to be married to its "one building, one curb cut" rule. Commissioner Mike Silverstein (district 06) added language to a proposed letter supporting the "historic curb cut", and asking DDOT to examine the issue again.

The motion to send a letter to DDOT supporting the proposed changes, with the added language, passed by a vote of 7 in favor, one against, one abstention.

Commissioner Daniel Warwick (district 02), the vote against, and Nicole Mann (district 08), the abstention, told the meeting that they supported closing the curb cut for reasons of pedestrian safety.

SB-Urban paid $20 million for the Patterson Mansion in June 2014 after receiving a tentative go-ahead to turn the historic home into 90 "micro-units" of suitcase-ready apartments with no parking.

Astonishingly Short ANC Committee Meeting

Last night, the liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle met. It completed all its business in 12 minutes. This is the shortest ANC-related meeting I have attended.

No one from the community appeared to object to any of the liquor license renewal requests.

The most complex item concerned the Capitol Supermarket (1231 11th Street NW). The committee wanted to include an item in the establishment's settlement agreement stating that deliveries will be taken from 11th Street (i.e., the front of the supermarket) and not the rear alley. The owner said he would, except in cases where official or construction vehicles took up the parking spaces in front of the building. The committee agreed to include language to this effect.

The second item was the liquor license renewal for Whole Foods (1440 P Street).

"No one objecting to the rowdy crowds at Whole Foods?" a committee member asked in mock astonishment.

The third item was a request by Studio Theater (1501 14th Street) to change their liquor-license category from D-X to C-X. This will allow the theater to serve hard liquor, in addition to wine and beer, to patrons.

The fourth item was a liquor license renewal for Cork & Fork (1524 14th Street). No one objected to that either.

Congratulations to all involved on the short meeting.

The items above will now be considered at the next meeting of the full ANC, scheduled for Wednesday, November 5, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle). Items like those above, which pass the committee unanimously with little controversy, normally are passed by the full ANC as a slate with little or no discussion.

Beau Thai Liquor License: How Early is Too Early?

At its regular monthly meeting September 1, Advisory Neighborhood Commission 6E/Shaw voted to endorse the application for a liquor license for the new branch of Beau Thai. The restaurant will be located in the new Jefferson MarketPlace development at 1550 7th Street NW. It is moving from its current location at 1700 New Jersey Avenue NW, at R Street, also in Shaw.

Beau Thai's future home earlier this year (photo credit below)

Steven Whalen of Veritas Law Firm presented for the management of Beau Thai. Whalen said the restaurant will have 99 seats and a total occupancy of 120. There will be a 24-seat outdoor cafe.

Beau Thai will be located in ANC6E district 01. ANC6E Chair Alexander Padro is the Commissioner for that district. Representing the ANC, Padro and Beau Thai have signed a "settlement agreement", which at the time of the meeting was pending approval by DC liquor-licensing authorities. Padro characterized the agreement as "standard".

As a result, the permitted operating hours of the new restaurant will be the same or similar to its neighbors. For example, the outside patio will normally open at 11am. It will stay open until 10:30pm weekdays, and until 11pm weekends. There will be no live music. The inside hours of operation will be the maximum normally allowed by DC law, that is, until 2am weekdays and 3am weekends.

The settlement agreement also allows alcohol consumption at 8am. A neighbor noted this detail at the meeting. She had observed it on the mandatory liquor licensing placard on the future site of the restaurant.

She called this "much, much too early in the a.m."

"If we don't have enough alcoholics, we will have enough alcoholics," she said. "That's like an invitation."

There followed a long discussion in which the neighbor attempted unsuccessfully to get the morning hours reduced. Whalen repeated there was no intention to serve alcohol early in the morning on a regular basis, but the restaurant wished to leave its options open in case it decided, for example, to serve brunch.

Commissioner Rachelle Nigro (district 04) asked if it was possible to amend the signed agreement so that liquor service could not start until 10:30 or 11am, "whenever normal lunchtime is". Whalen and Padro were dead-set against it.

"We already have an agreement negotiated. I would not support any changes to it," Padro said.

Nigro said there was a "neighborhood concern" about the hours.

Padro said one person (i.e., the person protesting at the meeting) "was not a neighborhood concern".

"I'm not the only person who's concerned about this," the neighbor said.

Padro directed the neighbor to bring up her concern at the ABRA hearing about the liquor license. The neighbor promised to do so.

Nigro recommended that the neighbor sit down with the restaurant owner first.

The neighbor said she would "follow through on that".

The vote on Padro's motion to endorse the liquor license request was 5 to 2. The two "no" votes were Commissioners Frank Wiggins (district 03) and Marge Maceda (district 05).

ANC6E records its meeting in their entirety and posts them in half-hour chunks on its YouTube channel. One of the half-hour chunks (part two of five) -- during which part of the discussion above took place -- was missing when I last looked. However, most of the discussion above can be viewed on part three of five, starting at the beginning of the video, here.

See previous coverage of the Beau Thai's infra-Shaw move from the blogs BadWolf DC here and Popville here.

Beau Thai has another branch in Mount Pleasant.

(Photo credit: BadWolf DC. Used by permission.)

1534 5th Street: Owner Has a Driveway but Can't Get a Curb Cut

At its regular monthly meeting September 2, Advisory Neighborhood Commission (ANC) 6E/Shaw voted unanimously to oppose a curb cut in the middle of the 1500 block of 5th Street NW in Shaw, between P and Q Streets. A curb cut would reduce on-street parking on the block by at least two spaces.

1534 5th Street in July

"Parking is such a huge problem on this block and there's no other property that has a curb cut," said Commissioner Kevin Chapple (district 02). Chapple made the motion to oppose the curb cut.

The proposed curb cut would be in front of 1534 5th Street, which is in Chapple's district.

Abraham Soquar came before the ANC to plead his case. He is a newcomer to the neighborhood, and is building a three-and-a-half story semi-detached row house on the formerly empty lot. He talked about when he first saw the lot.

"When I passed by," Soquar said, "people would throw rubbish there, have homeless people living there, and so on."

He said the house, which is currently under construction, is his "first project" and he is hoping to live there. It has space for a driveway on the north side of the property, but there is no rear alley or other way for a vehicle to park there.

Soquar said the completed house would be "more of a sightly place and a better benefit to the street."

Soquar had a letter of support from one of his immediate neighbors, but many of the people in the area were opposed to the curb cut.

"I have received many, many other notices from my constituents that they are opposed to the curb cut," Chappell said.

Other than the next-door neighbor, Chappell said: "Everybody else who has contacted me -- and I've contacted -- are opposed to it because it would put added stress on everyone else..."

Shaw activist and neighbor Martin Moulton spoke briefly against the curb cut. Moulton said he had lived in the neighborhood for 14 years and had never seen homeless people camping out on the property when it was vacant. However, he conceded: "It was sort of a blight."

Moulton said there had been "at least three or four ground-up constructions" in the same block and "no one has received a curb cut."

"It's totally out of character with the types of blocks we live on," Moulton said.

Soquar had hoped to get ANC endorsement before a District Department of Transportation (DDOT) hearing scheduled for later this month. Curb cuts are the responsibility of the DDOT.

The proposed curb cut at 1534 5th Street was the subject of the SALM blog post of July 16.

ANC6E videos its monthly meetings in their entirety and posts them in half-hour segment on YouTube. See ANC6E's YouTube channel here. The discussion of the curb cut for 1534 5th Street can be on seen here, starting at time 24:10.

Scoop: Dolcezza Lacks Permit for Outside Seating

A committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle voted unanimously last night (July 30) to oppose an application for a public space use permit for Dolcezza Gelato (1418 14th Street NW). ANC2F's Community Development Committee (CDC) voted to oppose the application because a representative of Dolcezza Gelato failed to appear before the committee in support of the application, and because Dolcezza Gelato has been using the space without authorization since shortly after their opening on June 28.

Enjoying ice-cream in violation of public space regulations

"They're already in violation," said Commissioner Walt Cain (district 02). Cain is the Chair of the CDC.

Dolcezza Gelato's application is for two outside tables. The space is surrounded by the same black wrought-iron fence that was there when the location was an empty storefront. However, before opening, Dolcezza Gelato removed it, cleaned it, and gave it a fresh coat of paint before re-installing.

To be fair, nobody on the committee seemed to be seriously opposed to Dolcezza's use of the space. No one from the community came to the meeting to complain or otherwise comment about the use of the space. Members of the committee were just concerned about the precedent: every applicant for a public space permit should appear before the committee.

Failing belated action by Dolcezza, the recommendation of the CDC will be ratified by the full ANC at their next scheduled meeting on August 6, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle).

The final authority to approve or refuse public space applications lies with the Public Space Management division of the District Department of Transportation (DDOT). 

Stead Park Improvement Community Meeting: East Gate Killed

The Board of the Friends of Stead Park, plus representatives from D.C.'s Department of Parks and Recreation (DPR) and Alexandria-based landscape architects Studio 39, met on June 23 with community members to brief about the soon-to-start renovation of Stead Park (1625 P Street NW). The new design for the renovation included gates on both the east and west sides of the park. Several of the neighbors on the east side of the park came to oppose the gate. After some discussion, the board members agreed to remove the east gate from the project.

Stead Park is in need of some beautification.

"If there's a strong sense you want to kill the east gate, we're OK with that," a Board member said.

Friends of Stead Park President Christopher Dormant chaired the meeting. He said the group and its partners had been working on obtaining the necessary permits from the DC government since January.  They still were not finished with the permitting process. He told the community that some agreed-upon aspects (like the rubber jogging track around the permeter) would not be renegotiated, but community input was still solicited. Groundbreaking was scheduled for next month.

Landscape architect Dan Dove of Studio 39 briefed on the project details. During his presentation, Dove said the east gate was a new addition to the project. It wasn't the drawings during the last presentation to the community in January 2013.

"Where did this come from?" one audience member said during the subsequent Q-and-A session. "This is a major change to be snuck in at the last minute."

"We're very willing to talk about it," Dove replied.

"I didn't hear about this," said another local resident who said people called her "the church lady."

"I think we could have provided some very good feedback," she said.

The presenters said they had done a survey of the park's neighbors, but the neighbors who opposed the gate said they had never heard of such a survey.

"You can never reach everyone," said Friends of Stead Park board member Kishan Putta. Putta is also a Commissioner, representing district 04, on Advisory Neighborhood Commission (ANC) 2B/Dupont Circle.

(Full disclosure: Kishan Putta is also running for an At-Large seat on DC City Council and I have contributed to his campaign.)

Well before the end of the meeting, Dormant indicated the east gate was not a vital issue and would be removed if the nearby residents were against it.

Other issues discussed:

• The height of the new permeter fence. It will be lower than the existing chain-link fence (10 feet vs. 16 feet). Some people felt this was too short.
• Trees. There will be shade trees lining the inside permeter of the park. These Willow Oak trees will start at 14 feet tall and (in addition to providing shade) should absorb sound and perhaps also intercept the occasional misdirected ball before it exits the park.
• Areas outside the purview of this renovation. They include the 163-year-old building on the P Street side of the site, and the poorly-paved alleys just outside Stead Park's fences.
• Artificial turf. The presenters said the quality of artificial turf had improved tremendously in the last few years.
• "We're going to be very aggressive on rat abatement."
• The performance stage. Neighbors were reassured the stage did not have the infrastructure necessary for large, noisy concerts. It will be more appropriate for children's puppet shows.

There will be a future meeting specifically to address construction and the possible disruption it might cause.

This meeting was also the subject of a June 16 SALM blog post.

(Photo credit: 2013 photo from Borderstan)

CORRECTED: Stead Park Improvement Town Hall Meeting June 23

CORRECTION: The meeting will take place Monday, June 23, NOT April 23 as first published. Apologies for the error.

The DC Department of Parks and Recreation (DPR) will present plans for improvements in Stead Park (1625 P Street) at a open town hall meeting Monday, April June 23. The meeting will take place at 7pm in the Chastleton Ballroom (1701 16th Street NW). The public is invited and encouraged to bring questions and comments. DPR officials are expected to have information about the schedule of the improvements and possible road closures that may result.

At the regular monthly meeting of Advisory Neighborhood Commission (ANC) 2B/Dupont Circle June 11, Commissioner Leo Dwyer (district 07) announced the meeting. Dwyer said the ground-breaking on the project would take place "mid- to late July".

"It won't be done by summer," said Commissioner Kishan Putta (district 04), in an interview later. "It will be started, hopefully."

Now, the interior space of the park is pretty bare. When the project is done, the space will be lined with trees and benches.

"The goal of the project is to make the park more usable," Putta said. "A lot of people walk by the park and think 'Stead Park isn't for me'."

From the DPR web page about the project:

The new design will incorporate active play features comprised of artificial turf for a multi-use athletic field (supporting kickball, rugby, soccer, and baseball), a rubberized running track, seating, site lighting, a splash pad interactive water feature, a stage, landscaping to include shade trees, new fencing and gates, and bio-retention areas (a sustainable design package, reused rainwater, LEED standards and stormwater management solutions).

The improvements will all be exterior. This project does not include the 163-year-old building facing the P Street entrance to Stead Park.

There will be a new wall around the border of the park. While they are improving this wall, the plan now is to add two new gates will be added, on the east and west sides. The gates will open onto Church Street, which dead-ends onto the park on both sides. The gate on the west side will provide direct access to the retail district on 17th Street. 

The gate on the east side (i.e., facing 16th Street) might present some problems. The wall on this side of the park will have to be broken to accommodate construction vehicles. The street is residential, and some neighbors on this side of the park are against the installation of a permanent working gate.

"I don't think we have to build it, but I think it's a nice convenience," Putta said. "Logan Circle families would be encouraged to visit."

A compromise position may be emerging, where a gate will be installed, but it will only be open for special occasions. Both gates will be opened and closed electronically -- no need for a caretaker with keys.

"I don't think there is a need for people to shout on this," Putta said. "We're looking forward to a civilized meeting."

From the FAQ page of the Friends of Stead Park website:

What will happen to the adult sports teams once the field is renovated? Will they still be able to play on the field?

Yes. All of the sports that are currently played on the field can continue with the new design. For example, there will be room for two kickball games. We hope that an improved playing surface will make the field an option for other leagues, including youth sports. As always, field permitting goes through DPR.

Friends of Stead Park also has a Facebook page.

The landscape architect on the project is Studio 39 of Alexandria.

Full disclosure: Kishan Putta is running for an At-Large seat on the DC City Council. I have contributed to his campaign.

1512 P Street: Zoning Permission Needed to Resurface Deck

The owners of 1512 P Street NW had an unpleasant surprise when they decided to resurface and improve their long-established back deck. The deck was "non-conforming". They could not improve their deck without permission from the DC Office of Zoning.

1512 P Street from the front

At an overflow meeting on May 19, Advisory Neighborhood Commission (ANC) 2B/Dupont Circle unanimously voted to endorse the homeowners' request for two zoning variances. If they get the variances from the Board of Zoning Adjustment (BZA), they should be able to resurface the deck and replace the railings and stairs. A hearing on the matter at the BZA is scheduled for June 3.

BZA documents indicate the building was constructed with the non-conforming deck in 1885, so the deck in some form pre-dates the present DC zoning regime by about 73 years. The BZA has no records for a building permit for this deck.

One variance is for lot occupancy. With the deck, the house occupies 73.7% of its lot, but zoning regulations say only 60% is allowed.

The other variance is for the width of the rear open court. The deck is constructed so that there is a 4-foot-wide open court on the western side of the property, but zoning regulations say such a court has to be 6 feet wide.

The homeowners went to their neighbors to collect letters and emails saying they had no problem with the court. In their letters, some of the neighbors noted the construction and alternation necessary to bring the deck into compliance with zoning regulations would likely create more noise and disruption than leaving it alone.

The homeowners also went to the District Department of Transportation (DDOT) and got a letter stating the project would have "no adverse impacts on the District's transportation network."

Assuming the BZA approves the request June 3, it will have taken the homeowners 70 days to get an approval, counting from the day the first document was filed. They also had to pay a $325 filing fee.

See a copy of the letter ANC2B sent to the BZA here.

The documents pertaining to this case can be viewed through the BZA's Interactive Zoning Information System by entering case number 18763 in the search bar.

15 Dupont Circle Sets the Bar Higher for Car-free Buildings

"This is fantastic," said Noah Smith, representing district 09 on Advisory Neighborhood Commission (ANC) 2B/Dupont Circle. "This is an overwhelming amount of accommodation."

The developers of 15 Dupont Circle NW (also known as the Patterson Mansion) have set a new standard for assisting with car-free living. They presented a list of benefits they will give to their future car-free tenants as a part of their presentation to ANC2B at its last monthly meeting on March 12. The developers, led by Mary Katherine Lanzillotta of Hartman-Cox Architects, received ANC2B endorsement for a handful of zoning variances necessary to convert the historic mansion into 92 small apartments.

Among the variances requested will be relief from the obligation to have parking spaces, which in this case might mean the developers would have to find space for 23 parking spaces or more. As is often the case, the developers promised to remove the property from D.C.'s list of those eligible for on-street resident parking and provide "convenient and covered secure bike parking facilities".

More unusual are the promises to do the following:

• designate a transportation management coordinator
• provide a screen in a public area showing transit options
• have a bicycle repair facility
• provide free Capital Bikeshare memberships for non-bike-owners "for the initial term of the lease for the first five years the building is open"
• have a minimum of 10 bicycle helmets on hand for resident use
• give free membership to car-share services "for the initial term of the lease for the first five years the building is open".

Commissioner Abigail Nichols (district 05) asked about the legality of excluding residents from the residential permit parking program. A parking consultant with the team assured her that doing so is legal.

If this building goes through as planned, it will create more demand for Capital Bikeshare in the Dupont Circle area. Commissioner Noah Smith thought a nearby area on New Hampshire Avenue near Books-a-Million would be a good spot for a new station. He requested the presenters lobby for an additional Bikeshare station. However, the ANC's endorsement of the zoning variance was unconditional. The developers are not obligated to get a new Bikeshare station.

Other zoning variances concern the mechanical penthouse structures on top of the building. They are in part taller (13 feet in one area vs. 8 feet allowed) and insufficiently set back (5 feet vs. 8 feet required) according to the provisions of D.C. zoning ordinances. A representative of the Dupont Circle Conservancy said the Conservancy would recommend to D.C.'s Board of Zoning Adjustments (BZA) that the mechanical penthouses be reduced.

The vote was 7-0 in favor of endorsing all zoning variance request. Two Commissioners, although present at the meeting, were not in the room at the time of the vote.

Read a report about the same vote in the blog Urban Turf here.

Liquor License Endorsements, Protests from ANC2F

Advisory Neighborhood Commission (ANC) 2F/Logan Circle voted on a handful of liquor-license-related matters at its last regular monthly meeting on November 6. ANC2F voted to protest one liquor license application, and approve four others. It also voted to endorse a new settlement agreement with a "The American (soon to open in Blagden Alley), and against a request by The Park at 14th to terminate a settlement agreement.
A "settlement agreement" is often reached between an ANC and a liquor-serving establishment and codifies the establishment's operating hours and other details which effect the community.

The American

The roll-up garage door (right) was a bone of contention

ANC2F unanimously voted to support a settlement agreement negotiated between the ANC and Blagden Alley Entertainment, LLC., which will operate "The American" restaurant. The official address will be 1209 - 1213 10th Street NW, but the restaurant will actually be located in Blagden Alley, a historic district inside the block bordered by 9th, 10th, M, and N Streets. 

There was much community interest and some community opposition to the opening of The American. It was the subject of the September 24 SALM blog post.

Among the provisions of the settlement agreements are:

• The restaurant will close at 1 a.m. Monday - Thursday and 2 a.m. on Friday and Saturday.
• The outdoor consumption of food and drink will cease at 11 p.m. Sunday - Thursday and 1 a.m. Friday and Saturday.
• Outside music will cease at 11 p.m. Sunday - Thursday and 1 a.m. Friday and Saturday.
• Deliveries will be made by hand truck -- no trucks in Blagden Alley.
• The American will discourage smoking outside the restaurant.

The text of the entire settlement agreement is available here.

There were still a few neighborhood voices protesting the restaurant up until the very last minute. One attendee accused The American of hiding a mandatory public notice on a roll-up door, so that it was not visible to the public most of the time. The notice contained information about The American's liquor license application, including times and places when members of the public could attend hearings on the matter.

I took the picture accompanying this article (above) in September. The notices can be seen on the metal garage door in the right of the picture.

Commissioner John Fanning (district 04) would look into the allegation, which would be a violation of liquor-license regulations if proved true. Fanning is chair of ANC2F's liquor-licensing affairs committee.

The Park at 14th

ANC2F voted 7 - 1 to oppose the termination of the settlement agreement between The Park at 14th nightclub (920 14th Street), an abutting neighbor, and the ANC. The lone vote against was by ANC2F Chair Matt Raymond (Commissioner for district 07).

The Park at 14th's operators appeared before the full ANC at its last meeting on October 2nd to say they wished to terminate the agreement, comparing the agreement to handcuffs. This was reported in the October 9 SALM blog post.

The Park at 14th's operators also said the agreement was unfair because many of their competitors were not compelled to have a settlement agreement. It has been informal ANC2F policy for many years not to require settlement agreements for establishments south of Massachusetts Avenue, because the area is largely non-residential. It is not clear why The Park at 14th (which is in this area) became an exception to this policy. However, this anomaly led to accusations of bias against The Park at 14th's operators at the October ANC2F meeting.

The commissioner voted to make formal policy stating that all new and existing liquor licensees, no matter where in ANC2F they were, should come before the ANC to acquire, renew, or change the conditions of their liquor license. The vote was 7 - 1, with Commissioner Raymond once again the sole "no" vote.

Vita Lounge

ANC2F voted to protest the liquor license renewal request for Vita Lounge (1318 9th Street). It was reported the establishment had 28 violations of liquor-licensing rules. The manager had been called by the ANC and told the ANC she would not come to the ANC meeting.

ANC2F's liquor-licensing affairs committee had unanimously recommended the full ANC protest Vita Lounge's application. 

Sherri Kimbel, Director of Constituent Services for D.C. Councilmember Jack Evans, suggested ANC vote to make two separate protests against the Vita Lounge. One protest would concern its liquor license, the other protest would concern its cover charge, dancing, and entertainment endorsement. ANC2F followed her advice and passed two separate protest motions. 

Commissioner Greg Melcher (district 06) promised to contact the operator of the Vita Lounge about the protest. The Vita Lounge is in Melcher's ANC district.

Records show Vita Lounge was fined $750 in April for a violation of its settlement agreement. Another document shows Vita Lounge failed to pay this $750 file within 30 days as ordered. The same document indicates Vita Lounge had a further outstanding fine from January.

Separate records show Vita Lounge has an appointment to appear before D.C.'s Alcoholic Beverage Control (ABC) Board on December 4 because it "failed to comply with the terms of its offer of compromise dated October 24, 2012".

Routine approvals

The full ANC followed the recommendation of its liquor-licensing affairs committee to approve liquor license renewals for the following establishment: Capitale (1301 K Street), Ghibellina (1610 14th Street), Number Nine (1435 P Street), and Vegas Lounge (1415 P Street). There was no debate or discussion about these applications.

ANC2F's summary of the entire meeting of November 6 is available here.

15 Dupont Circle: ANC2B Supports Hotel Developers

Advisory Neighborhood Commission (ANC) 2B/Dupont Circle voted on October 9 to support the architects Studio 3877 and hotel developers French Quarter Hospitality in their first step toward acquiring the Patterson Mansion (15 Dupont Circle NW) and turning it into a luxury hotel. The vote was 7 for, 2 against. The proposal will now be considered by DC's Historic Preservation Review Board (HPRB) on October 23.

ANC2B's previous deliberations on this proposal were the subject of an October 7 SALM blog post.

The Patterson Manson

A shorter presentation

Architect David Shove-Brown of Studio 3877 made a shorter version of his presentation to the full ANC. Some details are unchanged: the annex building next door to the mansion will be demolished, and a new six-story building will be built on the space. The new building will connected to the renovated mansion on the inside.

As a result of some comments from the ANC and the Dupont Circle Conservancy, changes were made to the design. The facade is now a darker color, matching more closely with the neighboring building on P Street, which is the Consular Section of the Embassy of Iraq. In addition, the mechanical penthouse is a different shape, and the loading dock will be moved to the back of the building.

The Dupont Circle Conservancy had met the previous evening to consider the proposal, a representative at the ANC meeting reported. They voted to support the massing of the proposed design generally, and endorse the use of darker materials. However, they asked that the size of the mechanic penthouse be minimized and that there be no roof deck.

"Massing" is a term of art meaning the extent to which a building's facade is in harmony with the facades of the nearby structures.

Commissioner comment

This annex will be demolished

"Some of you may think we're rushing this. This building is iconic. It's precious
to all of us. There are things in terms of the adjacent building [i.e., the new structure] we may have to give up. This is being protected at all costs," said Commissioner Mike Silverstein (district 06).

Silverstein also mentioned the case of Toutorsky Mansion, a building at 1720 16th Street that now houses the Embassy of the Republic of the Congo. Local objections made it impossible for a commercial enterprise to operate in the location, so it was sold to the Republic of the Congo. In 2011, the Embassy disregarded commitments it had made to preservation groups about  preserving the character of the property.

"You can't always control what you get," Silverstein said.

Other Commissioners felt they couldn't support the project.

"I feel like this is being rushed," said Commissioner Abigail Nichols (district 05).

"My great great great grandchildren are going to be looking at this. You won't be able to change it. Once it's there, it's there," said Commissioner Mike Feldstein (district 01).

Nichols and Feldstein were the votes against endorsing the project.

15 Dupont Circle: Move Fast or No Deal

"We are under pressure from the seller. If I don't move fast, they will sell it to someone else," said a presenter to a committee of Advisory Neighborhood Commission (ANC) 2B/Dupont Circle on October 1.

"Everything inside me says go slow on this," said ANC2B Commissioner Mike Silverstein (district 06). "We have to walk a very fine line."

The Patterson House

The property is 15 Dupont Circle NW. This Italian neoclassical mansion, known as the "Patterson House", is on the DC Inventory of Historic Sites and the National Register of Historic Places. It was built by Stanford White in 1903 and for many years was the home of the Washington Club. The asking price on the property is $26 million.

The proposal

The development proposal, presented by architect David Shove-Brown of Studio 3877 and Ronnie Ben-Zur, CEO of French Quarter Hospitality of Atlanta, Georgia, is to turn 15 Dupont into the front part of a hotel. An adjoining two-story annex building on P Street will be demolished. In its place, a new six-story  building in a completely dissimilar modern architectural style will be constructed. The plan is that the new building will connect in its interior to the old building.

But first the concept must be approved by DC's Historic Preservation Review Board (HPRB) in October and a handful of special exceptions, waivers, and zoning variances must be obtained from DC's Board of Zoning Adjustment (BZA) on December 3. If the developers don't have all the approvals they need after the December 3 meeting, the sale is off.

An ANC does not have the authority to stop or accelerate proposals of this type on its own, but an ANC endorsement is given "great weight" by the HPRB and BZA. A statement of opposition can be enough to delay or even derail a project. A statement of support makes the going easier.

This annex would be demolished

The presenters said the Patterson house would be "restored to its original glory". The first floor would contain hotel reception, a bar, a library, and lounges. The second floor would have three banquet rooms and a ballroom. There would be a total of forty guest rooms in both the historic building and the new building, plus a roof-top patio and a green roof.

Overall, 75 percent of the interior of the old building would be preserved, the presenters said. Ninety percent of the interior would be preserved on the first two floors.

Criticism from the committee

There were many aspects of the proposal for the new glass-and-steel building that the committee did not like. This generated a long discussion.

"This proposal puts so much glass on P Street," one committee member said. "It will have a negative impact."

There was a suggestion to take two levels off the front (i.e., the P Street) side of the building and make the building taller in back.

"Pushing it two floors back is not practical," a presenter said. "We are not likely to get a height variance."

An abutting neighbor in attendance said, "We would oppose a height variance."

Commissioner Leo Dwyer (district 07) continued to advocate for a height variance, and offered to lobby on the presenters' behalf if it became necessary. The presenters expressed no enthusiasm for the proposal.

Dwyer is the chair of ANC2B's Zoning, Preservation, and Development Committee (ZPD), which held the meeting where the proposal was made.

Dwyer and others had serious criticism for another part of the project. As currently planned, a mechanical penthouse, would protrude from the top of the new building and over the old building. It would be clearly visible behind the old building from all over Dupont Circle, according to illustrations provided by the presenters to the ZPD Committee.

"Get rid of the obvious penthouse on the west side," Dwyer said.

The presenters said this would be impossible, because the building could not be made any taller and because the mechanical penthouse could not be moved.

Wanted: a hotel everyone can live with

Toward the end of the discussion, the presenters said, "The intent is not to anger the neighborhood. The intent is to have a working dialog with the community."

All parties were conscious that a hotel -- as compared to a private club or an embassy -- would be the only way that the general public would be able to see and enjoy the interior of the building.

"An embassy, we lose nearly all control," said Commissioner Silverstein.

There was no motion at the ZPD committee to either support or oppose the proposal before any DC government body.

The next stop for the prospective buyers is the HPRB on October 23. The subject of the HPRB will be the proposed new building's "massing". Massing, explained on page 7 of an HPRB .pdf document here, is the extent to which a building's facade is in harmony with the facades of the nearby structures.

"The massing of a new building should be compatible with the massing of existing buildings," the HPRB document, titled "New Construction in Historic Districts", says.

If that hurdle is cleared, then the prospective buyers will make a separate request for ANC2B support of their BZA application. Details of the exceptions, waivers, and variances being requested are available on page one of a BZA word processing document available here.