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.

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.)

Dupont ANC Holds the Line on 14th and U Pedestrian Space

Advisory Neighborhood Commission (ANC) 2B/Dupont Circle has voted to protect the crowded sidewalk space near 14th and U Streets NW. At its regular monthly meeting March 11, ANC2B voted to recommend that The Wydown Coffee Bar (1924 14th Street) be required to array proposed sidewalk tables to allow a gap ten feet wide for pedestrians on the 14th Street sidewalk, just south of U Street. Wydown had made a request at the meeting for an eight-foot gap, scaled back from its original proposal of a six-foot gap.

ANC2B Chair Noah Smith (Commissioner for district 09) said, "While we
normally ask for ten feet, we are instructed to consider requests on a case-by-case basis."

Wydown is in Smith's ANC district.

There is currently a gap of 13.5 feet between the front of Wydown and the planter boxes that border 14th Street (see photo). Wydown's owners said the planter boxes were not in the design for the space when they agreed to occupy the property.

The ANC publicly reviewed the precedents. Last summer, ANC2B voted to dramatically scale back a sidewalk space request from the nearby branch of Taylor Gourmet (1908 14th Street NW) for outdoor serving space -- see SALM blog post of July 15, 2014. Smith also noted the case of Doi Moi restaurant (1800 14th Street) -- most of their tables create a ten-foot gap but they were allowed a few tables at eight feet.

Members of local community organizations spoke against reducing the gap.

"I think with that precedent you are going to have to be very conservative," said Ramon Estrada, President of the Dupont Circle Citizens Association.

"Fourteenth Street is almost impossible to traverse without going Indian-file," said Tom Bauer of the Dupont Circle Conservancy. (Bauer made it clear that, in this case, he was speaking for himself only, not for the organization.)

The commissioners were split. Commissioner Daniel Warwick (district 02) said he would vote in favor of more sidewalk space for Wydown, i.e., in favor of a smaller gap.

Commissioner Nicole Mann (district 08) agreed: "I don't think it's a huge issue."

Commissioner Mike Silverstein (district 06) thought the density of the location required special consideration: "This is about as busy as area as can be. I'm not sure whether I'm comfortable with eight feet."

Smith's original resolution supported an eight-foot gap. Silverstein made a motion to change the eight-foot gap to a ten-foot gap. Silverstein's motion to amend the original proposal passed, six votes to three. Then a motion to pass the entire resolution as amended passed, eight votes to one, with one abstention. Warwick was the vote against both the amendment and the entire resolution as amended.

ANC2B's recommendation will now go to the District Department of Transportation (DDOT), which has final authority over the commercial use of public space.

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

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

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

How the space looked two days ago

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Who will occupy the space?

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

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

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

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

Developer reaches out to neighbors

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

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

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

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

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

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

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

The committee votes

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

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

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

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

Agreement Reached in Logan Circle Air Rights Deal

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

This space will change hands.

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

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

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

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

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

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

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

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

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

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.

Logan Circle ANC Committee Endorses Outdoor Seating for "The Pig"

An application for a public space use permit for The Pig restaurant (1320 14th Street NW) will go ahead after a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle endorsed the application unanimously. The endorsement took place at the regular monthly meeting of ANC2F's Community Development Committee (CDC) on November 19.

(Luis Gomez Photos. Used by permission)

The matter was dispatched in a matter of minutes at the beginning of the meeting. David Winer, principal of The Pig and other restaurants operated by EatWellDC, presented. Four tables with eight seats on 14th Street in front of the restaurant are planned. There will be no fence or barrier between the tables and passing pedestrians.

At its narrowest point, there will be an 8-foot-wide gap for pedestrians to pass, but mostly the gap will be 12 feet wide. The sidewalk seating will not "jut out" as far as that of the neighboring B Too restaurant (1324 14th Street) because The Pig has a flat front onto 14th Street, as opposed to B Too's bay window.
meeting.

The sidewalk seating will operate until 10:30pm weekdays and 11:30pm weekends.

Winer was scheduled to present at the last meeting of the CDC but then didn't show up. The CDC voted to recommend opposition to Winer's sidewalk cafe permit. Winer came to the last meeting of the full ANC on November 12 prepared to present but was told he had to appear before the CDC first -- see SALM blog post of November 6.

See a summary here of the November 19 CDC meeting where this matter was discussed.

The matter will now move to the full ANC for endorsement. Matters approved unanimously by the CDC, like this one, are normally approved by the full ANC without much further debate. The next scheduled meeting of ANC2F is Wednesday, December 10, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle).

After that, the matter goes to the District Department of Transportation (DDOT), which has authority over public space use, for final approval.

ANC2F Blocks Public Space Permit of "The Pig"

At its regular monthly meeting last night (November 5), Advisory Neighborhood Commission (ANC) 2F/Logan Circle voted to protest the public space permit of The Pig restaurant (1320 14th Street NW).

(Luis Gomez Photos. Used by permission)

Matt Raymond, ANC2F Chair, said there was no specific objection to the public space permit -- the objection was strictly procedural. Specifically, a representative of The Pig was supposed to appear at the last meeting of ANC2F's Community Development Committee (CDC) on October 29, but no one did. Since all public space applications are supposed to be considered by the committee first, the full ANC moved to oppose the application until the CDC could hear the details of the application.

DC restauranteur David Winer, partner in the EatWellDC restaurant group (which includes The Pig), appeared at the ANC meeting in support of the application. He asked the full ANC to hear the application, but found the ANC unwilling to hear it.

If all the parties involved show up, the public space application of The Pig will probably be considered at the next scheduled meeting of the Community Development Committee, scheduled for Wednesday, November 19, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle). If the case turns out to be routine, it will most likely be on the agenda of ANC2F's next regular monthly meeting, scheduled for Wednesday, December 3, at 7pm, also at the Washington Plaza Hotel.

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). 

Jackhammers on 19th Street: Let's Take This Outside

Bill Cate of Washington Real Estate Investment Trust (WRIT) came to the July 10 meeting of Advisory Neighborhood Commission (ANC) 2B/Dupont Circle to seek extended hours to jackhammer. Cate is the supervisor of a renovation project of an office building at 1220 19th Street NW. The building is located between M and N Streets, and is home of I Ricchi restaurant. The Palm Restaurant is across the street.

1220 19th Street (Google Street View)

WRIT sought ANC2B's endorsement on a request to the District Department of Transportation (DDOT). The waiver Cate sought included permission to work from 10am to 6pm on Sunday, and to do "quiet work" (i.e., staging, not jackhammering) starting at 5am. 

The project will beautify the front courtyard and install DC-standard pavers on the sidewalk. It is scheduled to take four months of daily work, seven days a week. The project has four phases, Cate said.

"Each phase has demolition activities," he told the ANC, meaning, many hours of jackhammering

The project is the ANC2B district 06. The Commissioner is Mike Silverstein.

"My concern is the Jefferson Row Condominium," Silverstein told Cate. Jefferson Row Condominium is located a stone's throw away at 1828 - 1834 Jefferson Place.

Silverstein told Cate he was against jackhammering at 7am on weekdays, which is the start time normally allowed under law.

At this point, Silverstein suggested that he and Cate negotiate outside, instead of in public in front of approximately 100 people who were attending the ANC meeting for other reasons. Silverstein and Cate left the room.

Silverstein's daytime job is Ward Two representative on DC's Alcoholic Beverage Control (ABC) Board. Since participation in liquor license related matters could present a conflict of interest, he routinely recuses from the portions of ANC meetings that deal with these matters.

ANC2B then made a virtue of a necessity by jumping ahead to the liquor license related portion of the agenda, since Silverstein was already gone. They dealt with several routine matters over the next half-hour or so until Silverstein returned.

Silverstein told the ANC he had hammered out a deal with Cate. The deal would allow "quiet work" starting at 5am weekdays, but no jackhammering until 7:30am. The ANC would also support work of all kinds between the hours of 9am and 5pm Saturday, and 11am and 7pm Sunday.

All commissioners in attendance voted to support the proposal as presented by Silverstein.

See the letter ANC2B sent in support of the agreement with WRIT here.

1532-34 5th Street: "It Looks Like They're Planning to Do Something Illegal"

The request for a curb cut at 1532-34 5th Street NW, mid-block between P and Q Streets, was on the agenda for the July 1 meeting of Advisory Neighborhood Commission (ANC) 6E/Shaw, and it was taken off. But the matter was discussed at the meeting anyway.

The property at the end of June

Commissioner Kevin Chapple (district 02) told the audience that developer, who is building a new house on the empty lot at that address, realized he would not get ANC support for the curb cut.

"He asked for a postponement to talk to the neighbors to try to convince them or to garner some support for the project before he came to the ANC," Chapple said.

The property on July 14

The audience was skeptical. A neighbor said that the developer was already building a driveway on the property, curb cut or no.

"Why are they spending all this money to do construction? If they know they don't have support but they're building a driveway, I think to me it looks like they're planning to do something illegal," the neighbor said.

Chappel told the neighbor the ANC could weigh in on the curb cut, which is on public land, but not on what an owner constructs, by right, on his or her own property.

"If someone wants to put a driveway on their property, we can't stop them," Chappel said.

The neighbor said the contractor had visited him to disclose plans to start construction. Since then, though, there had been problems when excavation of the property caused the neighbor's fence to fall into the excavated space. The neighbor wanted his property restored to its original condition.

There were promises made to contact the DC building inspector's office to see if anything could be done. Getting a stop work order was mentioned. But construction appears to be continuing (see photos).

The matter of the curb cut will be considered by an ANC6E committee. ANC6E has not, until now, published on its web site the times and places of their committee meetings.

After that, ANC6E is tentatively scheduled to be on the agenda of the next meeting in September. The ANC's recommendation will then go to the District Department of Transportation (DDOT), which has final authority.

Online records indicate the empty lot was sold for $375,000 in October 2013.

ANC6E posts its meeting in their entirety on its YouTube channel. This meeting is posted in five parts.  The discussion mentioned above can be viewed by following this link to part four. The discussion starts at time 29:20, and continues on through the beginning of part five.

14th Street Taylor Gourmet: Sidewalk Seating Too Ambitious

At its regular monthly meeting July 9, Advisory Neighborhood Commission (ANC) 2B/Dupont Circle voted unanimously to recommend cutting back a request by Taylor Gourmet (1908 14th Street NW) for outdoor serving space.

Taylor Gourmet as seen from the far side of the curb cut

Taylor Gourmet asked for two sets of outdoor tables. One set would be situated on the sidewalk up against the 14th Street (i.e., front) side of the establishment. The other set would be close the curb. Pedestrians on 14th Street would walk in an aisle between the two sets of tables.

In addition, Taylor Gourmet asked to extend its hours of operation. They asked for permission to be open 10am to 10pm, Monday-Thursday, and 10am to 3:30, Saturday and Sunday.

Commissioner Noah Smith (district 09) negotiated with Taylor Gourmet, which is in his ANC district.

ANC1B agreed to endorse operating hours of 10am to 11pm, Monday-Thursday, and 10am to midnight, Saturday and Sunday.

At the meeting, Smith also said the original proposal was for tables to be situated a foot from the curb of 14th Street. No other restaurant in the area has this configuration of sidewalk space.

"If approved, it is potentially precedent-setting for the block," Smith said. He noted that other newly-opened establishments nearby, like the Wydown Coffee Bar (1924 14th Street), were considering outdoor space applications. Someone said the only restaurant in DC that has permission for the split configuration of sidewalk tables is Jaleo on 7th Street in Penn Quarter.

Smith advocated eliminating the two table (and four chairs) closest to the street for several reasons. The tables would be too close to both the street as well as a curb cut that allows cars in and out of the building now housing the next-door Trader Joe's. Diners would be in danger. Also, the tables and diners would block the sight line of the cars exiting Trader Joe's garage.

Commissioner Mike Silverstein (district 06) agreed with Smith.

"This areas is going to have an enormous population increase," he said. "Our responsibility is to care for the public".

During the public comment period, audience members said the proposed configuration would make it difficult for two people to walk abreast, and this type of public space configuration has not been approved for any other cafe in the area.

If the curbside tables are eliminated from the plan, Taylor Gourmet will end up with permission for only one outdoor table, with two seats, next to its front window.

The request will now go to the part of the District Department of Transportation (DDOT) that deals with public space management for final adjudication.

Proposal to Permanently Remove 13th and U Bikeshare Station

At its regular monthly meeting on June 19, the Transportation Committee of Advisory Neighborhood Commission (ANC) 1B/U Street, heard a proposal by development company JBG that would permanently remove the Capital Bikeshare station at 13th and U Streets NW. The committee decided not to take a decision on the proposal this month. Instead, it will solicit community input and discuss it again at its next meeting, scheduled for Thursday, July 17, at 7pm, at the Thurgood Marshall Center (1816 12th Street).

The Rite-Aid as seen from across 13th Street

JBG is getting ready to construct an eight-story building on the southwest corner of 13th and U Street, in a building currently occupied by a Rite-Aid and other tenants. Representatives of JBG told the committee they were "very far along in design" and planned to break ground by the end of the year.

The new building will have 130 apartments and brand-new retail space for the Rite-Aid, who have a 20-year lease on the spot.

In order to get Rite-Aid on board for the renovation, JBG reported, "we had to promise them the nicest Rite-Aid ever."

Temporarily moving the bikeshare station

There is a Capital Bikeshare station on the 13th Street side of the Rite-Aid. During the construction, it will have to move. The committee discussed possibilities for a temporary home for the station.

JBG proposed four destinations for the temporary move, which qualified by virtue of having wider-than-normal sidewalks:

• In front of the metro entrance on the south side of U Street
• On the southeast side of 12th Street
• On the northwest side of 11th Street
• On the southeast side of 11th Street

See a series of JBG-supplied photos here of the above-listed possible temporary locations for the displaced Capital Bikeshare Station.

The committee unanimously recommended the first option above for the temporary location. ANC1B will probably vote on the recommendation at its next meeting, scheduled for July 10, 7pm, at the Reeves Center (14th and U Streets).

Permanently moving the bikeshare station

The fate of the bikeshare station after the construction is completed was the subject of some discussion. The design favored by JBG puts a small green space, with some trees, bushes, flowers, and grass, in the current bikeshare space. However, the District Department of Transportation (DDOT) wants to move the bikeshare station back to the same spot.

"If you don't vote to support the garden, the bike share is staying there," JBG representatives told the committee.

JBG tried to sell the committee on the garden idea, but they could not guarantee they would be able to convince the DC government and/or neighboring property owners to permanently put the bikeshare station in a convenient nearby spot.

"This needs to be vetted by a wider swath of the community," said one committee member.

The motion to revisit the topic next meeting was passed unanimously.

ANC1B's Transportation Committee would like to hear community comment. Email the chair of the committee, Ben Klemens, at bklemens at gmail dot com.

Some of JBG's plans and drawings for the site, including the small green space, are available here.

ANC1B Endorses Right Proper Brewing Sidewalk Cafe

At its regular monthly meeting June 5, Advisory Neighborhood Commission (ANC) 1B/U Street endorsed the public space of application of Right Proper Brewery (624 T Street NW). Right Proper Co-founder Thor Cheston appeared before the ANC to ask for the endorsement, which had been previously approved by the ANC's Design Review Committee.

28 seats here

The outdoor space will be 490 square feet and contain 28 seats. It will be surrounded by "heavy but removable" fencing.

Right Proper Brewing should have no trouble with its immediate neighbor, the Howard Theatre, with which it does many cross promotions.

The establishment also got the endorsement of the LeDroit Park Civic Association.

Commissioner Jeremy Leffler (district 02) checked to make sure Right Proper was willing to consent to the ANC's standard closing time for outdoor spaces of liquor-serving establishments, which is 11pm Monday-Thursday and midnight Saturday and Sunday. Cheston agreed with the hours.

"I believe in the old saying 'Nothing good in a bar happens after midnight'," Cheston said.

Commissioner E. Gail Anderson Holness (district 11) asked Cheston where he was from. Cheston said he graduated from Georgetown University. He had lived elsewhere, he continued, but he was born in DC.

"Native Washingtonian? We support you," Holness said.

The motion by Holness to support the application was approved by all the Commissioners present.

The application now moves for final approval to the District Department of Transportation (DDOT), which has authority over all public space applications.

New Freshfarm Market to Open Saturday -- If the Paperwork Comes Through

Freshfarm Markets is set to open up this Saturday, June 6, in Mount Vernon Triangle, if it can get a public space permit in time.

At its regular monthly meeting last night (June 3), Advisory Neighborhood Commission (ANC) 6E/Shaw heard the testimony of Reg Godin, Director for Markets and Programs at Freshfarm. He explained Freshfarm Markets had to request last-minute inclusion on the meeting's agenda after it was determined the proposed site of the farmers market was on public land.

(Photo credit: Wikipedia/AgnosticPreachersKid)

The management of the adjoining City Vista building (K and 5th Streets NW) had believed that the land in question was City Vista's property, and therefore the farmers market required no special permit to operate there. After a surveyor corrected the mistaken impression, Freshfarm Markets has had to scramble to get the necessary public space use permits.

"No one knew who was responsible," Godin said.

The market will cover about 2000 square feet and have five tents. It will take place under and around the yellow sculpture (see bottom center of photo above). There will be activities for children and unamplied music.

The ANC voted unanimously to endorse the request for a public space use permit and promised to produce a letter of support promptly. Public space use permits are obtained from the District Department of Transportation (DDOT).

"All of your constituents are looking forward to this," said ANC6E Chair Alexander Padro (Commissioner for district 01)

"Yes, they are," said Commissioner Marge Maceda (district 05)

Once open, the market will be open on Saturday from 10am to 1pm until October 25. According to their website, Freshfarms has ten other farmers markets operating inside the Beltway.

The new market has been developed in cooperation with the Mount Vernon Triangle Community Improvement District.

Moving Proposed Howard Theatre Beer Garden Discussed at ANC1B Meeting

Neighbors currently objecting to a proposed beer garden in the rear parking lot of the Howard Theatre (620 T Street NW) might consider dropping their objection if the beer garden were moved to the front of the theater. The idea was tossed around at the meeting of the liquor-licensing affairs committee of Advisory Neighborhood Committee (ANC) 1B/U Street on May 21.

Single-family homes on Wiltberger Street

"The devil would be in the details," one of the  neighbors said.

Two neighbors, residents and homeowners on adjoining Wiltberger Street, talked to the committee about their concerns. The neighbors said their homes would be less than 500 feet from the location of the proposed beer garden.

"We already have enough problems in the area," one said.

There are seven small single-family homes on Wiltberger Street, six of which are occupied. One of the homeowners is 90 years old and homebound, one of the neighbors told the committee.

A neighbor told the committee that he works in the music business, he had helped the Howard Theatre in the past, and he "couldn't feel more excited about its success". But he said the neighbors were concerned with the way they have been treated.

"The Howard could be a better neighbor," he said. "They haven't given any indication that it [i.e., the beer garden] would be anything other than a real mess."

The neighbor reminded the committee the rear parking lot where the beer garden is proposed to take place was actually slated to be the site of a cultural and music education center -- see drawings of the proposed center on the Howard Theatre's web site here. The theater was supposed to have raised six million dollars to build the center.

"According to my last conversation with [Howard Theatre trustee] Chip Ellis, he raised zero dollars," the neighbor said.

The neighbor said the Howard Theatre has more general financial woes.

"The Howard told us that they wish to do this beer garden because they are having severe financial problems," he said.

"It's not the abutting residents' job to make sure a business is successful," a committee member said.

Liquor-licensing committee chair Nick Baumann floated the idea of moving the proposed beer garden to the Ellington Plaza area, in front of the theater on T Street. This would move the alcohol consumption, along with at least some of the noise and other problems associated with it, around the far side of theater building from their homes. The original proposal for the beer garden envisioned it being run in conjunction with activities on the T Street side of the theatre, which would be temporarily closed off and given over to displays by local artists.
 
The neighbors seemed willing to consider it but could not speak for the other homeowners.

Chip Ellis originally brought the beer garden idea before ANC1B's liquor-licensing affairs committee in April -- see SALM blog post of April 22. Since the border between two ANC districts runs down the center of Wiltberger Street, the neighbors have also appealed to their own ANC for support -- see SALM blog post of May 7.

There was no motion made or vote taken on this matter by the committee at this meeting, and no representatives of the Howard Theatre were present.

Collapsed Building Strip Club Gets ANC6E Valet Parking Endorsement

Advisory Neighborhood Commission (ANC) 6E/Shaw took a request by The Cloakroom (476 K Street NW) off of the agenda for its May 6 meeting. It seemed a reasonable move, since the the strip club's building had suffered a spectacular mid-day collapse only four days before. It is unlikely they will be doing business anytime soon.

From D.C. Fire Department web site

However, The Cloakroom is apparently moving forward under the assumption they might be back in business someday.

"They don't know if they will be there or not," an ANC6E Commissioner said.

Before the collapse, the club requested ANC6E consider endorsing a request to operate valet parking on K Street, at the corner of 5th Street. The request, if approved, will take one public parking space, next to a fire hydrant, out of use.

The club and the parking space are in the ANC district 6E05. The Commissioner is Marge Maceda. Maceda told ANC6E she was in favor of granting the valet parking endorsement to the Cloakroom. She also said people in the area had no objection to the request.

ANC6E voted unanimously to endorse the request. It will now to the District Department of Transportation (DDOT) for final approval.

No one at the meeting identified themselves as working for or connected to The Cloakroom. No commissioner asked if representatives of The Cloakroom were present. However, as soon as the endorsement passed, three or four people in the back of the room got up and left. I don't know if they were connected to The Cloakroom.

Howard Theatre Neighbors Mobilize ANC6E Against Beer Garden

At its regular monthly meeting last night (May 6), Advisory Neighborhood Commission (ANC) 6E/Shaw heard from neighbors opposing a planned beer garden in the rear parking lot of the Howard Theatre (620 T Street NW). ANC6E voted to send a letter to D.C.'s liquor-licensing authorities stating it wished to be included in the decision-making process concerning the beer garden.

Wiltberger Street (Google Street View)

A trustee of the Howard Theatre rolled out the idea on April 16 to the liquor-licensing affairs committee of ANC 1B/U Street -- see SALM blog post of April 22. At that time, the trustee said the planned beer garden would operate in the parking lot behind the theater on Saturday and Sunday evenings during the summer until 11pm.

The Howard Theatre, and its rear parking lot, is located on the border between two ANC districts. The theater is in ANC1B. Its neighbors are in ANC6E. The border runs down the center of Wiltberger Street, on the east side of the Howard Theater. On the west side of Wiltberger Street are seven small single-family homes, six of which are currently occupied. A resident of Wiltberger Street appeared before ANC6E to ask for help.

"We really don't think this parking lot on Wiltberger Street is the right place", the resident said. "We're really concerned about the noise issue."

"The Howard Theatre has not been a particularly good neighbor," she also said. "We don't think they'll get better."

The ANC Commissioner for the neighbors is Kevin Chapple (district 02). Chapple told ANC6E he had met with the Howard Theater May 5. The meeting was "unsatisfactory", Chapple said.

Chapple then said -- incorrectly -- that ANC1B had voted to support the beer garden. He urged ANC6E to oppose it.

ANC6E Chair Alexander Padro (Commissioner for district 01) said he had communicated with ANC1B Chair James Turner on this matter. Padro said the liquor license application had not yet been placarded so it was not yet the right time to protest the application. Instead, Padro suggested sending a letter to D.C.'s liquor-licensing authorities, asking them to include ANC6E as "active participants" in the deliberations about the Howard Theater's liquor license.

ANC6E voted unanimously to support Padro's proposal.

Read an article about the Howard Theater's planned beer garden from Washington City Paper's "Young and Hungry" blog here.

Howard Theatre Plans Weekend Summer Events in Ellington Plaza

Roy "Chip" Ellis, a trustee of the Howard Theatre (620 T Street NW), came before the liquor-licensing affairs committee of Advisory Neighborhood Commission 1B/U Street April 16 to brief about a new plan to use outside space around the theater on the weekends, starting in June. The plan includes a summer beer garden behind the theater. As the plan stands now, the beer garden will be open Saturdays and Sundays until 11pm.

Howard Theater in 2013 (Wikipedia)

Ellis said the Howard Theatre would be working with the non-profit organization Shaw Main Streets on a concept called "Made in Shaw". As currently envisioned, the section of T Street in front of the theater will be closed off. Local artists will display on the closed street and on Ellington Plaza, a pedestrian area near the front of the theater.

However, there will not be alcohol service on the area in front of the theater, Ellis said. The beer garden behind the theater has a projected capacity of "less than 200". There are no plans to have outside concerts, Ellis told the committee.

"We might have one person playing the guitar," he said.

There will also be food service. Ellis did not talk about the menu for food or drink, but he did say: "We have Right Proper Brewery right next door."

Liquor license aspects

The plan means a "substantial change" to the Howard Theater's liquor license. Any substantial change to a liquor-license must be placarded for 60 days placarded for 45 days, per D.C. Code 25-101 (41). "Made in Shaw" may wish to open while the placarding period is still in process. To do so, the Howard Theater will also need a stipulated liquor license, which will allow the beer garden to operate while the D.C. liquor-licensing bureaucracy processes paperwork.

There was no vote by the committee. The Howard Theater will be back in front of ANC1B to request both to endorse its substantial change and to grant a stipulated license. A stipulated liquor license is one of the few powers an ANC has that is more than advisory in nature.

Liquor-licensing committee chair Nick Baumann asked Ellis to make sure the residential neighbors were consulted.

"We plan on knocking on every door," Ellis said.

Public space aspects

Another committee member asked if there was a traffic plan. She said valets from Howard Theater were parking customer vehicles in nearby residential alleys.

"Your valets are filling up the alleys," she said. "Do you have any plans to make it better?"

"When we come back, we will have a traffic plan," Ellis said.

The project may also require a public space use permit from the District Department of Transportation (DDOT). ANC Chair James Turner (Commissioner for district 09) asked Ellis to call on ANC1B's Transportation Committee to talk about public space aspects of the plan.

Ellis is also CEO of Howard Theater developer Ellis Development Group.

Thanks to Brain Molloy of the DC Liquor Law Blog for setting me straight on the length of the protest period (corrected above).