Owner Pledges Cat Cafe Will Not Attract Rodents

On March 24, DC's Board of Zoning Adjustment (BZA) voted unanimously to support a request for zoning relief by Crumbs & Whiskers (3211 O Street NW), which will become the area's first "cat cafe". Crumbs & Whiskers anticipates an opening this summer, according to its website.

Future site of Crumbs & Whiskers

"What a unique situation!" BZA Chair Lloyd Jordan said at the meeting.

"I'm not a cat person per se," Jordan said. "But I think this is really innovative to me."

The application was unusual in several ways. Beau Archer of the Washington Humane Society wrote a letter and also appeared in person before the BZA to support the project. Two electronic petitions in support with 86 signatures total were submitted. It was also perhaps the first time the BZA received a Powerpoint presentation where one of the bullet points was "Hairballs".

The Powerpoint presentation also detailed the steps the owner would take with trash and waste disposal so that the cafe would not attract rodents and other vermin.

The BZA supported the application on the stipulation that the cafe have not more than 20 cats at any one time, a point the owner Kanchan Singh was clearly comfortable with. The 20-cat maximum was a stipulation in the resolution of support for the cat cafe passed by Advisory Neighborhood Commission (ANC) 2E/Burleith-Georgetown. The establishment needs zoning relief because it is officially classified as "animal boarding use" since the cats will be there overnight.

The atmosphere of Singh's appearance before the board was very cordial. No one on the board or in the audience objected to the request. The hearing took eight minutes to complete.

After approving the application, Jordan asked Singh how much she was going to charge patrons at the door to enter. Singh said the cover charge hadn't been decided yet. Then he asked what type of beverages would be served. This had also not been decided.

"So, I pay $20 to play with the cats and drink? OK, that works," Jordan said.

The documents related to the case, along with a streaming video of Singh's appearance before the BZA, can be seen by accessing DC's Interactive Zoning Information System and putting case 18954 into the search bar.

In the last three days, articles about Crumbs & Whiskers have appeared on the blogs Washington DC Eater and DCist, plus on the website of WNEW news radio.

Crumbs & Whiskers also has a Facebook page.

(photo credit: from BZA files)

"Either Stay in the Suburbs or Find Another Place to Live!"

CORRECTION (3/8/15): I listened to a recording of the meeting on ANC6E's Youtube channel after this blog post went live. The title is slightly inaccurate. The actual quote is: "Either stay in the suburbs or find another place in DC."

The owner of 440 Ridge Street NW needs zoning relief to expand her house back by 20 inches in the rear, and up in the rear by less than half a story. She eventually got Advisory Neighborhood Commission (ANC) 6E/Shaw to endorse an application for zoning relief for lot occupancy at its regular monthly meeting on March 3, but first she had to endure some abuse from a neighbor.

440 Ridge Street (Google Street View)

Her architect, Catarina Ferreira of Archi-Textural, Pllc., that the plan to expand the house a been through "a few revisions" and trips to the DC bureaucracy. Substantial changes to the house have to be approved by DC's Historic Preservation Review Board (HPRB), because the building is located in the Mount Vernon Square Historic District. Most recently, a plan to add a third story seven feet in height, set back 16 feet from the front of the building, was passed by the HPRB with substantial modification, meaning the proposed roof addition had to be smaller and situated further to the rear of the building.

The HPRB decision occurred on January 29, 2015. See an unfavorable review of the project from HPRB staff, written before the January 29 meeting, here.

The owner of the building explained she had owned and lived in the building, and then moved to the suburbs after she got married and started a family. She retained ownership of the house and rented it out. Now, the owner said, the suburban traffic had grown intolerable, so she and her husband had made the decision to move back into the District with two children.

However, the house, which was built sometime before 1870, is a little cramped for a modern family of four. Therefore, they are attempting to expand it. Following the suggestions by HPRB, the architect and owner agreed on a plan that expands the building further back but not as far up -- a concept more likely to get historic preservation approval.

However, the 20-inch rear expansion will put the house over limit for percent of lot occupancy, so zoning relief is necessary.

The ANC had requested letters from the directly abutting neighbors saying they had no objection to the project, and also a written guarantee that work would not start before 8 am. The applicants supplied these.

ANC6E Commissioner Rachelle Nigro (district 04), in whose district the property is located, said that several neighbors had come to the meeting and wish to speak. They were allowed to do so.

One, who said he pushed for the historic district designation in 1998, expressed outright support for the expansion. Another remarked that the personal details of the family should not influence the decision, meaning, the zoning rules should be applied uniformly whether the applicant was a family or a developer.

The person who spoke the longest was against the application. She identified herself as a 37-year resident, and was later acknowledged to be a former Advisory Neighborhood Commissioner.

"I came to talk generally about how the neighborhood should be," she said.

The purpose of zoning, she said, was to maintain places for people to live. Ridge Street was one of the few places left in Shaw that people could afford. Now, people were coming and making the housing prohibitively expensive by building them out.

"Either stay in the suburbs or find another place to live," she said.

This remark created a commotion in the room. People shouted "Rude!" and "That's not nice!"

After the audience comments were finished, Commissioner Nigro made a motion that the ANC oppose the request for zoning relief, but it died for lack of a second.

Then Commissioner Alexander Padro (district 01) made a motion to support the request for zoning relief, which passed by a vote of 6 - 1. Nigro was the only vote against. 

Columbia Heights Property Tries to "Make It Legal"

CORRECTION: When first posted, the committee chair was identified as Patrick Brown. His name is Patrick Nelson. Apologies for the error.

2807 Sherman Avenue NW, a property with a colorful recent history, will get a facelift if the new owners can get some zoning relief from DC's Board of Zoning Adjustment (BZA). So one owner and his attorney were before a committee of Advisory Neighborhood Commission (ANC) 1B/U Street on February 23 to ask the committee to recommend support to the full ANC.

2807 Sherman Ave (to right of streetlight) in May 2014

"This has been a nuisance property for a long time," said Patrick Brown Nelson, chair of
ANC1B's Zoning, Preservation & Development Committee.

"There were like 20 people [living] there," said Brown Nelson of the building which is located between Girard Street and Gresham Place.

On-line records (see .pdf here) show the then-owner of 2807 Sherman Avenue was arrested in August 2012 for assault on a police officer with a dangerous weapon. On the same day, other people at the same address were arrested for unlawful possession of a firearm and possession of drug paraphernalia with intent to use.

In the early morning hours of January 25, 2013, a fire broke out in the floor and walls of 2807 Sherman Avenue, according to a tweet from the DC Firefighters Association. A post with photographs on the District of Columbia Fire Department website (about half-way down the page here) says the fire broke out between the second and third floors and seven residents were "forced into the freezing pre-dawn cold" by the fire.

New owners

The house was sold in June 2014 for $417,000, according to online records. One of the current owners, Matt Medvene, appeared before the ZPD Committee with attorney Martin Sullivan of Sullivan & Barros.

The new owners did not get off to a good start with the building. Medvene told the committee he originally hired an architect from Baltimore who was unfamiliar with DC regulations. While Medvene was out of the country, he said, the architect went ahead with demolition and started building without city permission. This unauthorized construction included a structure on the top of the building, which is still now half-completed. The unauthorized work was stopped and Medvene had to pay three fines totalling several thousand dollars, he said, before he could start the process of making the up and out expansion legal. Medvene blamed the Baltimore-based architect for the illegal construction, and said he is no longer working with him.

"We're making it legal," he said.

The owner said he planned to have a two-unit building, and live in one of the units. The building is already a two-unit building, he said, "with separate addresses".

Although the building will be taller, it does not require zoning relief for height, as it is still within what the owner can do "by right". In addition, it is not located in a historic district, so no review by DC historic preservation authorities will be necessary. Finally, the neighboring house to the north is already taller than 2807 Sherman Street (see photo). Medvene said this neighbor has indicated support for his expansion.

The building requires zoning relief for lot occupancy. It is already over the maximum lot occupancy for the zone -- 60% permitted, 70% existing. It is unclear how the building got that way. Medvene reported the previous owner had no documentation about whether he made alterations to the house.

Both committee members and the owner said they did not like the color of the house.

"It looks kind of putrid," the owner said. "We'll be repainting. We're looking at a cool gray."

Committee decision

The committee voted, 5-1, to support the request for zoning relief. The matter will probably be considered by the full ANC at its next regularly scheduled meeting on March 5, at 7pm, at a location to be determined.

The applicants told the committee their case was scheduled for a public hearing at the BZA on April 7.

The documents relating to this case can be accessed by going to the DC government's Interactive Zoning Information System and putting case number 18960 into the search bar.

This is the first meeting for ANC1B's Zoning, Preservation & Development Committee. It will take up most of the business formally handled by the ANC's Design Review Committee, which has been disbanded. The February 23 meeting was a make-up for a meeting that was originally scheduled for February 17, but then cancelled due to snow.

(Photo credit: Google Street View)

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.

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

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

Millstein (right) presents the project

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

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

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

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

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

In reply, a neighbor made the primary concern plain.

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

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

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

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

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

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

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

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

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

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

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

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

1017 12th Street: Arguments about "Light and Air" Come to the Central Business District

At a public hearing on January 6, DC's Board of Zoning Adjustment (BZA) agreed to grant zoning relief to ALBA 12th Street LLC which will allow a solitary vacant red-brick holdout building with historic connections at 1017 12th Street NW to be redeveloped. However, its neighbors put up a fight, claiming that the "light and air" of the their surrounding taller modern office buildings would be disrupted by the proposed upward expansion of the historic building.

From BZA official documents

The petitioners had received endorsement from Advisory Neighborhood Commission (ANC) 2F/Logan Circle -- see SALM blog post of November 13, 2014 -- and had been thanked by the ANC for working to preserve the historic building, which has a connection to Elizabeth Keckley, a freed slave who went on to become Mary Todd Lincoln's dressmaker and a local celebrity. In December, City Councilmember Jack Evans wrote a letter joining ANC2F in support, according to the BZA file on the case.

On December 9, 2014, the building owner appeared before the BZA and pledged to rename the renovated building "The Keckley", and said he hoped to arrange a post-renovation ribbon-cutting attended by Mayor Bowser and the actress who played Keckley in Steve Speilberg's 2012 film biography of Lincoln.

The building requires zoning relief because it has no parking, takes up 100% of the lot it stands on, and will be expanded to 10 stories -- still shorter than the buildings that surround it. This expansion will block the sunlight into and the view out of some of the windows of the building. Other windows in the neighboring tall office building are (in violation of the DC building code) too close to the property line of the new building and would probably have to be removed. As a result, the owners of the neighboring building came before the BZA in December to say that the proposal would have an adverse economic impact, meaning, it would reduce their office building's "light and air" and make it less desirable to renters.

In documents submitted to the board in January, the petitioners admitted the expansion of the building might have an economic impact on the existing buildings, but the impact would not meet the requirement of "substantial detriment to the public good" which would be necessary to deny the zoning relief request.

In December, the Board recommended the petitioners take a handful of actions in exchange for the approval of their variance. The petitioners pledged to do so. For example, they will have to provide bicycle racks and Smart Cards to mitigate the effects of zero parking. The petitioners were also advised to buy Transfer of Development Rights (TDRs), which they did. The quantity of TDRs they needed was so small in comparison to the transaction costs that the petitioners had difficulty finding a seller, but they eventually found one who was willing to participate, hoping for future good-will.

All three BZA members present voted to approve the zoning relief at the January meeting.

I did not attend this hearing. I gathered the information above by watching the archived video at the Office of Zoning's Interactive Zoning Information System (IZIS). Videos of both the December 2014 and January 2015 public hearings on this request, along with transcripts of the same meetings and supporting documents submitted by both sides (including the letter from Jack Evans), can be viewed by clicking on the link to IZIS above and entering case number 18878 in the search bar.

Deadline for Comment on Pop-up Legislation Extended, February Hearing Scheduled

At the end of a marathon January 15 public hearing about proposed rules that would limit "pop-ups" in many DC residential neighborhoods, DC Zoning Commission Chair Anthony Hood announced that the deadline for comment would be extended to 3pm on Thursday, January 29. Hood also announced that public deliberations on the proposal would take place at a meeting scheduled for 6:30pm on Monday, February 9, at a Zoning Commission hearing room on the second floor of 441 4th Street NW (metro: Judiciary Square).

Screenshot from video of January 15 meeting

A page here at the DC Office of Zoning website outlines two ways to submit comments to the Zoning Commission. One of the methods requires setting up a name and password to access the Office of Zoning's Interactive Zoning Information System (IZIS). The other, somewhat easier, method is to send an email to zcsubmissions@dc.gov before the deadline. In order to be part of the public record, an email submitted to the Zoning Commission must:

• be in the form of an attached .pdf document, signed by the author
• be less than ten pages long
• contain the case number and name in the subject line, in this case: 14-11 Office of Planning

At the hearing, Hood repeatedly expressed his desire to hear from all people who had come to testify, which in the end numbered about 100 people. To this end, a strict time limit on comments was made and enforced. With a few exceptions, current DC homeowners and Advisory Neighborhood Commissioners (ANCs) testified in favor of the proposal to limit popups, including ANCs from Wards One, Four, and Six. A smaller number of homeowners, plus several developers and attorneys for developers, spoke against the plan.

DC government representatives held public meetings in Columbia Heights last summer and fall to talk about the proposed regulations -- see SALM blog post of August 5 and September 29, 2014.

Read coverage of the January 15 hearing from the blog Urban Turf here.

You can both read public submissions of support and opposition (including a four-page letter of opposition by Harriet Tregoing, former Director of the DC Office of Planning) to the proposal, as well as watch an archived video of the January 15 hearing on this topic, at the IZIS portal here. Enter case number 14-11 in the search bar.

2724 11th Street: Zoning Relief Rejected for Controversial Building

On January 13, DC's Board of Zoning Adjustment (BZA) rejected the request of Jefferson-11th Street, LLC, for zoning relief that would have allowed a controversial renovation at 2724 11th Street NW to go forward. Four members of the board voted unanimously against the request, and one member was absent.

Protest at 2724 11th Street in October 2014

The request for zoning relief has been the subject of a long battle between the building owner on one side and the tenants and neighborhood allies on the other. As a result, the request has drawn a lot more attention than normal, including coverage by WAMU, letters of opposition from City Councilmember David Grosso (I-At Large) and now-former City Councilmember Jim Graham (D-Ward One), and appearances last fall in support of the tenants at the building by future Ward One City Councilmember Brianne Nadeau and the Eposcopalian Bishop of the Diocese of Washington Marian Budde.

The owners argued that relief was appropriate because of undue hardship and exception financial difficulties that the strict application of zoning regulations would cause. The Board said the owners had not proven that this was the case. Specifically, the board took exception to the financial data that the owners had submitted.

"I clearly cannot find the financials submitted to this board credible," said BZA Chair Lloyd Jordan. "The financials are not in the customary form."

The Board had warned that applicants at a public hearing in November (see SALM blog post of November 25, 2014) that their "financials" were not convincing and that clarifying documentation was needed.

"The submitted documentation did not make it any more credible," Jordan said.

"I find what was submitted to us troubling and just kind of hard to swallow," said board member Anthony Hood.

Board Vice-chair S. Kathryn Allen commended the ownership for "attempting to deal with the issues of this building, and hoped the owners intended "to make good on it promises to the tenants".

"I did find the opposition in this case, which was significant, compelling. I respect very much the concerns of the folks who took the time to come and testify," Allen said.

I did not attend this meeting. I gathered the information in this report by watching a streaming video of the hearing. The video is available on the website of the DC Office of Zoning here -- click on the hearing of January 13. The segment dealing with this case starts at 34:07.

Documents pertaining to this case can be accessed by going the BZA's Interactive Zoning Information System and entering case number 18790 in the search bar.

(Photo credit: Amal Mimish, used by permission)

1504 Swann Street: Residence Expansion Domino Effect

On December 1st, a committee of Advisory Neighborhood Commission (ANC) 2B/Dupont Circle voted to support the expansion of 1504 Swann Street NW. Architect Julian Hunt, Founder and Chairman of Arts Coalition for Dupont Underground, is supervising the renovation and expansion of this home, which he has owned since 1998 and lives in. In a publicly-available zoning document, Hunt has said that one of the purposes of the renovation is "to adapt the house by going up to recapture the light and air."

Second floor to go on top of 1504 Swann Street

In the same document explains Hunt and his wife Lucretia Laudi (also an architect) had been living in the house for 14 years when "the adjacent house to the south was sold and an enormous addition (pop-back) was built in 2012 and completely closed off all the air and light..." for Hunt's property. Ironically, this expansion was made possible after the adjoining home had been downzoned, a process that is supposed to make expansion of homes more difficult. However, in this case, Hunt explained, downzoning removed Floor-to-Area Ratio (FAR) restrictions, which enabled the neighbor to expand the footprint of the structure on his property, and, as Hunt put it, erect a "monster" expansion.

The Zoning, Preservation and Development (ZPD) Committee of ANC1B heard the case on December 1. They voted to support both the historic preservation and the zoning aspects of the expansion of the house. I was not present for this portion of the meeting. In an email, ANC2B Chair Noah Smith (also Commissioner for district 09, where this property is located) gave the following reasons for ANC endorsement:

The support is based on the unique circumstances created by a neighbor's previous addition, which eliminated light and air for this property to the south. Swann Street is a beautiful and well-maintained historic street and this project will enhance it while adding an interesting, but not out of place, façade.

The proposed addition will add two additional stories, or about 20 feet, over  the structure in the picture above. On top will be a roof deck. According to drawings submitted to zoning authorities, the completed structure will be roughly as tall and as large as the neighbor's expansion. The new structure will contain a rental apartment, which the owners plan to use for income. This, they said in zoning documents, would allow them to "age in place" with "the security of a small income from the rental".

The expansion requires zoning relief because the building, built around 1870, is not in compliance with 1958 zoning regulations. It covers 100% of its lot, but zoning allows only 60%. In addition, zoning requires a rear yard, which is clearly not possible since the house covers the whole lot.

The historic preservation aspects will have to be reviewed by DC's Historic Preservation Review Board (HPRB) because the house is located in the U Street Historic District.

Endorsement of historic preservation and zoning aspects of this renovation is on the agenda for the next meeting of the full ANC, scheduled for Wednesday, December 10, at 7pm, at the Brookings Institution (1775 Massachusetts Avenue).

The plans for the expansion of 1504 Swann Street, along with other documents, are available from DC Interactive Zoning Information System here -- put in case number 18897 into the search bar.

Hunt's initial appearance in June before ANC2B in support of this project was the subject of the SALM blog post of July 1.

941 S Street: Planned Renovation for Long-time Vacant and Blighted Building

On November 17, the Design Review Committee of Advisory Neighborhood Commission (ANC) 1B/U Street endorsed the historic preservation and zoning elements of a proposed renovation at 941 S Street NW. This building has been vacant for many years and was designated a vacant or blighted building by the DC government as of March 2012.

945 S Street on the left behind tree

This item is on the agenda for the meeting of tonight (December 4) of the full ANC. The meeting is scheduled for 7pm at the Banneker Recreation Center (2500 Georgia Avenue).

Online information says this building was built in 1885 and was sold in July 2014 for $985,000. At the November 17 meeting, the tale of this building unfolded bit by bit. It became vacant after the 1968 riots. The city acquired the property through tax liens. It stood empty for a long time -- "at least 10 years", according to one member of the Design Review Committee. The same member recalled trying unsuccessfully to buy the property "20 years ago".

This property is located in ANC1B district 02, which is currently vacant. It has fallen to the recently-elected (but not-yet-officially-seated) Commissioner for this district, Ellen Nedrow Sullivan, to do some research and other spadework that a sitting Commissioner might ordinarily do. Sullivan reported to the Committee. She said that, after the 2011 earthquake, the nearby Westminster Neighborhood Association, of which she had been member, had determined who in the DC government had the authority to sell the long-vacant building. There had been a successful push over a long period by the neighbors and the Association to get it sold.

Unsurprisingly, the Westminster Neighborhood Association also supports the request for the necessary approvals from DC's Historic Preservation Review Board (HPRB) and zoning authorities so the building can stop being an eyesore and start being somebody's home.

The property falls under HPRB's jurisdiction because it is located in the U Street Historic District.

There will be a new rear roof deck addition to the house. This addition will not be visible from the street, and will not put the property over 60% lot coverage, so no zoning relief is required for this particular aspect. The sole zoning relief required will be for a side court on the property. The Committee supported this unanimously and members said that this type of zoning relief was granted in 99% of the cases. 

The committee also endorsed the historic preservation aspects of the renovation but suggested that cement not be used as a material. However, a member of the committee who objected to cement said if HPRB could live with cement, it was OK with him.

The owner and his architect said the renovation included painted brick and "all new windows to historic standards". There would also be a green roof, they said.

Both the HPRB and zoning aspects of this renovation received unanimous endorsement in separate resolutions.

(Photo credit: Google Street View)

2724 11th Street: "We Do Know What We're Talking About"

The owners of 2724 11th Street NW came away empty-handed from a hearing of DC's Board of Zoning Adjustment (BZA) on November 18. Jennifer Parker, representing the family that has owned the building for more than half a century, and attorney Martin Sullivan, of the firm Sullivan & Barrow, led the team who were in search of a handful of zoning variances for a troubled Columbia Heights apartment building.

Parker (center) and Sullivan (right) -- screenshot of BZA video

For many months, the rent-controlled building has been the site of a battle between, on the one side, the tenants and nearly all neighbors and, on the other, the owners and their representatives. The dreadful conditions of the building have drawn far greater public attention than normal to this application for zoning relief. This attention includes a detailed report on the vermin-infested apartments on WAMU and letters to the BZA in support of the tenants from two city council members.

According to section 11-3103 of DC Municipal Regulations, the applicants must show that strict application of zoning requirements "would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the owner of the property". Toward this end, they submitted spreadsheets and other documents intended to demonstrate finanicial hardship.

Attempts at humor probably not a winning strategy

The Board was not impressed with these documents. For example, members of the Board felt that professional expenses of $150,000 were not adequately explained. Parker said the expenses were for lawyers and accountants. She then said she was a lawyer and asked rhetorically if the Board was aware what attorneys cost these days.

Lloyd Jordan, Chair of the Board, replied that he was a lawyer himself and was aware of the going fees for lawyers.

"We do know what we're talking about, despite what you might think," Jordan said.

Jordan expressed further scepticism of the applicants financial statements.

"I don't know if I can accept your financials," Jordan said. Jordan asked the applicants to return with convincing evidence that "your numbers are real".

ANC Commissioners, community testify

Two Commissioners from Advisory Neighborhood Commission (ANC) 1B/U Street testified before the Committee.

ANC1B Chair James Turner (Commissioner for district 09) was first. 2724 11th Street is in Turner's ANC district, he told the Board. Turner also told the Board lives on the same block as the building. He told them the matter had been on the agenda for the November meeting of the ANC, but a vote could not be taken because a quorum was not achieved -- see SALM blog post of November 7.

Turner testifies to the BZA

"Sadly, in November, we could not reach a quorum," Turner told the Board.

"It happens," a Board member said sympathetically.

"Too frequently," Turner said.

A Board member, still sympathetic, said it was difficult for Commissioners because they were "volunteers".

"We're not volunteers, we're unpaid," Turner said. The members of the Board laughed and suggested jokingly that all present could start a labor union.

But about the absences, Turner said: "It is unacceptable".

Turner went on to tell the Board about the previous actions of the ANC and its committees, including the October ANC1B vote to protest the 31 percent rent increase on the rent-controlled apartment -- see SALM blog post of October 8.

Turner said Parker's predecessors had not been good landlords but Parker herself in the last two years had made "good faith efforts" to improve the property. Approving the zoning variance would be "the fastest path" to getting better housing for the tenants, Turner said.

Next, ANC1B Commissioner Mark Ranslem (district 08) testified in favor of the applicants. Ranslem characterized the building as in a state of "horrible disrepair". To allow the current dispute to drag out, Ranslem said, would create a "lose-lose situation" in which the building might eventually be condemned. but approving the variance would create a "win-win".

Opponents of the zoning relief had, by the time the hearing took place, gotten 44 people to write in objection to the zoning relief, including the two DC Councilmembers mentioned above. (Sullivan characterized most of these as "form letters".) They also got several people to come to the mid-week hearing in person to testify. The Board had to make clear that not all would be allowed to do so, in the interests of time. In all, four representatives of the opposition to zoning relief, including one actual tenant of the building, testified.

Applicants told to return

The Board told the applicants they should come back in January with improved financial statements. Also, Lloyd Jordan said he "really had a concern" about the state of the building. Other members of the Board agreed with him.

Anthony Hood, Chair of the DC Zoning Commissioner, also attended the hearing. He told the applicants things might go a little easier if they returned with written evidence of a plan for relocating the tenants during the proposed renovation, as well as evidence of better communication with the building's tenants.

The request for a variance will be heard again on January 13, 2015, at 9:30am. BZA hearings are held in Room 220 South, 441 4th Street NW (Judiciary Square Metro).

I did not attend the November 18 BZA hearing. The information above is based on watching a video of the hearing. This video, along with many documents related to this case, can be viewed by going to DC's Interactive Zoning Information System and putting case number 18790 in the search bar. The portion of the meeting dealing with this request starts at time 2:07:53.

1218 9th Street: Zoning Relief for Future Home of Celebrity Chef Jeremiah Langhorne

At a November 19 meeting, a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle voted unanimously to endorse zoning relief for Jemal's 9th Street Gang of 3, LLC, and Douglas Development, developers of 1218 9th Street NW. The building in question will be the future home of the Dabney, a new restaurant from celebrity chef Jeremiah Langhorne, as well as The Columbia Room, an "award-winning" cocktail bar migrating from a nearby Blagden Alley location.

What the finished project might look like (credit below)

The developers appeared before the Community Development Committee (CDC) of ANC2F to tell how changing plans for their development have dictated a mid-development application for zoning relief. Previously, the project had been "by right" (meaning, not requiring zoning relief).

If the third floor were to be residential space, no zoning relief would be required. However, since the developers are now planning office space, and have rejiggered the design to add 4,000 square feet of space, the number of parking spaces the developer is required to provide on-site has increased from zero to 14. There is clearly no room on site for 14 parking spaces.

One member of the committee asked the developers to explore offering parking mitigations (e.g., bike/car share memberships) to tenants. Aside from that, there was no objection from the committee.

One member of the audience, a frequent attendee at ANC meetings, remarked that ANC2F had at their previous meeting endorsed a request by a neighboring building for the relief of the requirement to supply 66 parking spaces for over 130 residential units. In comparison to that request, the audience member said, this request was very reasonable, and he agreed with it.

The ANC's endorsement of the developers request also includes endorsement of zoning relief for floor-to-area ratio (FAR). (See an explanation of FAR here.) The maximum allowed now is 1.5 FAR. The developers seek 2.07 FAR.

In April 2013, the developers successfully sought endorsement for its plans from the CDC prior to petitioning DC's Historic Preservation Review Board (HPRB). The project was required to go through HPRB because it is located within the boundaries of two separate historic districts -- the Shaw Historic District and the Blagden Alley/Naylor Court Historic District.

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

See a Douglas Development webpage advertising the development here and a flyer here.

See a June 2014 post about this property from the blog DC Vacant Properties here.

(Photo credit: detail of artist's rendering of finished project from publicly-available documents of the Office of Planning.)

2724 11th Street: Graham, Grosso Weigh in Against Zoning Relief

DC Councilmembers Jim Graham (D-Ward One) and David Grosso (I-At Large) have written letters in opposition to a request for zoning relief by the owners of 2724 11th Street NW. The troubled Columbia Heights property has been the subject of a long struggle between tenants and neighbors on one side and the owners on the other -- see SALM blog posts of October 23, October 8, September 17, August 4, and June 23.

Tenants rallied against the zoning relief on October 5

The letters of Councilmembers Graham and Grosso came in advance of a November 18 hearing of DC's Board of Zoning Adjustment (BZA) on the request for zoning relief. The request was not granted at the hearing, which will be the subject of a separate blog post.

From Councilmember's Letters

Graham's letter says: "...there is no need for the owners to develop new units given the existing vacancies and the poor living conditions present in the building."

"After decades of neglect and deferred maintenance," Graham's letter says, "these owners have permitted the building to reach a state of advanced dilapidation, including rodent infestation, mold and advanced disrepair."

"On October 29, I toured the building and four individual units," says Grosso in his letter. "I was disturbed by the visible dilapidation caused by long-term neglect, rodent and vermin infestation, mold, and general disrepair of the building. There is no evidence that the property managers or owners have taken any steps toward improving these conditions for the safety and welfare of the tenants...."

Grosso also says: "... this renovation is not in the interests of the current tenants..." and "... this variance would only perpetuate the unaddressed issues that have plagued this building for years."

The letters of Councilmembers Grosso and Graham, along with 43 other letters or emails in opposition to the zoning variance (plus one in support), can be seen by going to the BZA's Interactive Zoning Information System and entering case number 18790 into the search bar.

1420-1422 12th Street: Stop Work Order on Logan Circle Renovation

DC's Department of Consumer and Regulatory Affairs (DCRA) has issued a stop work order for a renovation of conjoined residences at 1420-1422 12th Street NW. However, it is not clear if this is in response to last week's letter protesting the renovation from Advisory Neighborhood Commission (ANC) 2F/Logan Circle -- see SALM blog post of November 12.

These properties to be inspected

The details of the stop work order were outlined in a recent email from Rohan Reid, the Zoning Enforcement Officer at DC's Office of the Zoning Administrator, to Joel Heisey, a member of ANC2F's Community Development Committee (CDC). Several ANC Commissioners and other interested parties were cc'ed on the the email, which was sent at the end of the business day last Friday, November 17.

The email says "the property was inspected several times within the past months and was issued a stop work order (SWO) following one of those inspections for a violation(s) of the building code regulation." The email does not say when the property was inspected or when the stop work order was issued. It also does not make completely clear why the stop work order was issued.

However, the email says: "The inspection results, land records, and maps, indicated that the footprint [of the buildings] was changed over time. Based on this information we met with the property owner and informed him to submit building plans..." The owner agree to submit plans "as soon as possible," according to the email.

The email promises an update once documents are received from the owner and analyzed.

This email seems to contradict certain statements made at the November 5 ANC meeting. At that time, members of the community said they had, after many unreturned phone calls and emails, managed to contact DCRA only to be told that the agency found no basis for action against the renovation.

Meanwhile, the property at 1422 was featured yesterday on the blog Popville, which noted that it was for sale on line for $999,900. Popville also reported last month that the property at 1420 was for sale for $1.2 million.

1017 12th Street: Offices in Mary Todd Lincoln's Dressmaker's Residence

At its regular monthly meeting on November 5, Advisory Neighborhood Commission (ANC) 2F/Logan Circle voted unanimously to endorse requests for zoning variances by the owner of 1017 12th Street NW, a lonely red-brick holdout in the downtown business district, dwarfed by surrounding modern office buildings.

(Photo credit below)

According to an article in the Washington Business Journal, the building was once the residence of Elizabeth Keckley. Keckley was a freed slave who became a dressmaker to prominent Civil War-era Washington wives, including Mary Todd Lincoln. Keckley became a confidant of Mrs. Lincoln but then had a falling out after Keckley published a memoir about their relationship.

The Washington Business Journal article adds that the building underwent a major renovation in the 1890's so that it no longer resembles the building where Keckley lived.

The presentation to the ANC

A team by attorney Meredith Moldenhauer of Griffin, Murphy, Moldenhauer & Wiggins, LLP, and by the building owner and applicant Fred Hill of the Bethesda-based Hill Group, presented to a meeting of the October 29 meeting of Community Development Committee (CDC) of ANC2F.

Hill purchased the building in December 2012 to serve as the headquarters of the Hill Group and its 70 employees, according to publicly-available documents from DC's Board of Zoning Adjustment (BZA). The building had been vacant for seven years, according to the applicant's BZA statement. Hill told the ANC the plan was to have 40-50 people in the building total, roughly six people to a floor. This would bring roughly $30 million in tax revenue to the District in 15 years, Hill said.

The building would be made taller -- the plan is 10 stories (about 105 feet tall), roughly the same as its neighbors. The applicants do not need special permission to make the building taller -- they may do so by right.

The building is not located in a historic district, so does not require permission from DC's Historic Preservation Review Board (HPRB). The applicants told the ANC they had consulted the HPRB, who said the building had no historic significance.

Still, "the goal is to save the facade", according to attorney Moldenhauer.

She also explained the applicants were seeking three zoning varances. Among the variances are floor-to-area ratio (FAR) and a parking exception.

FAR means the ratio of the area of the total floor area of the building to that of the footprint of the building on the ground. The building's tiny lot is about 1,250 square feet, and the building now takes up 100% of the lot. Zoning regulations for this zoning designation (DD/C-2-C) limits a developer to an FAR of 8.0 -- in effect, an eight-story building. The developers are proposing an FAR of 10.0, i.e., a ten-story building.

The building now takes up the entire lot and has no parking. To provide the seven parking spaces required by zoning regulations, the applicants would have to cut a hole and/or dig into the existing foundation, which everybody seemed to agree was not a good idea. The applicants plan to have no parking on-site, but its mammoth neighbors will provide pay parking in lots only steps away.

"Relief is obviously necessary, so as not to have the building become a vacant blight to the community," Moldenhauer said.

Some members of the CDC made design suggestions to the applicants. Since the design will not be review by the HPRB, the applicants are not required to take need of the ANC's suggestions, but they listened politely anyway.

"I really appreciate you preserving this building," said CDC Chair Walt Cain (Commission for district 02).

The proposal was approved unanimously by the CDC on October 29. The proposal came up before the full ANC as part of a slate of proposals, all of which had received unanimous approval by the CDC at the October 29 meeting. The full ANC approval the entire slate in a single vote.

See a summary of the October 29 meeting of the CDC meeting from ANC2F's web site here.

Documents concerning the application for zoning relief may be viewed by going to the case search tool of DC's Interactive Zoning Information System and entering case number 18878 in the search bar.

The case is on the calendar for a public hearing at the BZA on December 9, at 9:30am, at the BZA hearing room, Room 220 South, 441 4th Street NW (Judiciary Square metro).

In addition to the links above, there is an extraordinary amount of information on the Internet about Elizabeth Keckley, who was recently the subject of a popular novel as well as a minor character in the recent film biography of Abraham Lincoln. There are also web pages devoted to Keckley on Wikipedia,  smithsonian.com, and the Virginia Historical Society, among many others. National Public Radio also did a story about Keckley in 2012.

(photo credit: from BZA official documents)

1420-1422 12th Street: ANC Asks for Sanctions on Logan Circle Renovation

UPDATE: There is a stop work order on this house while the DC government does an investigation. See details here.

"We formally request that the owner of 1420 & 1422 12th St NW be investigated and, if the ... facts are confirmed, sanctioned for illegal construction and be required to submit the proper documents ..."

Was the renovation here legal?

The above is from a letter that Advisory Neighborhood Commission (ANC) 2F/Logan Circle is sending to Rabbiah "Robbie" Sabbakham, Director of DC Department of Consumer and Regulatory Affairs (DCRA). DC Councilmember Jack Evans (D-Ward Two) is cc'ed on the letter.

The ANC voted unanimously at its regular monthly meeting on November 5 to send this letter to "address concerns about unpermitted and illegal construction" at the address, "as well as DCRA's lack of enforcement." The matter was brought to the attention of the ANC by Joel Heisey and Helen Kramer, community members who also are on the ANC's Community Development Committee, according to an account of the November 5 meeting on ANC2F's web site.

1420 and 1422 12th Street are adjoining row houses which previously had the same owners and were sold together as one property last year.

The ANC's letter says the two properties "have undergone complete gut renovations without the proper permits". A permit was issued for 1420, but the permit was for replacement of existing electrical fixtures only. There seems to be no permit at all for 1422 -- the permit in the window of 1422 is the permit for electrical work on 1420. According to a supporting document to the letter, 1420 also has an unauthorized rear carport with studio and deck. The property, the document claims, is also in violation of zoning regulations in that the footprint of the house is more than permitted.

"A resident has repeatedly tried to get DCRA's illegal construction division to investigate with little success," the letter says.

"Two calls to the Supervisor of Illegal Construction have gone unreturned," the letter also says.

"It's like the bad old days over there," said Helen Kramer at the November 5 ANC meeting, referring to DCRA's lack of responsiveness.

"One has to wonder whether they can be so oblivious or whether money has changed hands," she also said.

I could find no records for either property in the Interactive Zoning Information System of DC's Office of Planning.

Online records show the building was built in 1889 and sold for $1.1 million in May 2014.

ANC1B Commissioner Calls for Resignation after Committee Vote on 2724 11th Street Zoning

Mark Ranslem, Commissioner for district 08 on Advisory Neighborhood Commission (ANC) 1B/U Street, has called for the Chair of the ANC's Design Review Committee, Lela Winston, to resign. Ranslem first called for the resignation in an October 21 email which went to both a group of fellow ANC1B Commissioners and neighbors of a troubled Columbia Heights building (2724 11th Street NW).

October 5 rally of tenants and neighbors of 2724 11th Street

2724 11th Street is a rent-controlled building in serious state of disrepair and vermin infestation. The family who has owned the building for more than 50 years has recently gotten permission to raise rents by 31% and is also asking for zoning relief, including relief from parking minimums, to facilitate a building-wide renovation. On October 20, the Design Review Committee voted unanimously, with one abstention, to oppose the zoning relief -- see SALM blog post of October 24.

In his initial email, Ramslem was replying to a neighbor of 2724 11th Street who reported and praised the committee's decision. The email said:

As a commissioner, let me be very blunt. I think [the Design Review] committee has gone way outside its jurisdiction and overstepped. The committee has allowed itself to be drawn into the emotional part of this matter when it hasn't stuck to what its role is intended to be. 

While the plight of the tenants is very serious, the committee has made this situation almost unworkable. 

I also disagree with your assessment that Lela Wilson [sic] is an able chairperson. She has proven that she is is not. I call for her resignation.

On the same day, Winston replied to Ranslem and the other addressees:

I take high offense that you would call my capabilities into question regarding a case conducted by the Design Review Committee simply because a routine decision was not to your satisfaction.  I understand you are new to the ANC, but that is the democratic process, Mr. Ranslem.  

What's more, to suggest that emotion fulled the decision without actually having attended the meeting, further calls into question your claim.  Also, If I am correct, you are not the Commissioner for 1B09, where this property is located.  

Having been a member on this committee and now a chairwoman, I can say that such decisions happen often.  Just last ANC meeting you were on the forefront of a vote not to recommend by-right use of a rear yard simply because doing so would make rear access unavailable to neighbors, despite the fact that the owner had a right to build and it was his property.  Shall I call into question your judgement and capabilities?  

No.

Because I know that this a democratic republic of men and women who work together with the rule of law to make democratic decisions--who give their time to make their city better.  Because these are individuals, regardless of whether I agree with one decision or another, I respect, because they volunteer their free time to support our republic.  I know and understand that these decision will not always be to my satisfaction.  That is democracy and we have all pledged to be a part of that regardless of the outcomes.  We vote.  We all vote and that right should not be taken away--nor the right of the citizens of our good city to exercise freedom of speech and be heard by a government for the people and by it.

Quite frankly, I am not sure which I am more offended by--your unfounded and baseless call or your calling into question of our democratic process simply because a decision did not go the way you intended.  Quite frankly, sir, I am shocked and disturbed.

I sent an email to Ranslem asking if he had any further comment. His October 23 reply:

I stand by my call for Ms. Wilson's resignation. Aside from the fact she doesn't know how to operate under Robert's Rules of Order, things are out of control. It's heartbreaking to see what's taking place. These tenants live in deplorable conditions and deserve so much better. At the last ANC meeting, we heard from many of the tenants. Like the other commissioners, I was shocked to hear that problems were this bad.

Ms. Jennifer Parker has taken the reigns of the [2724 11th Street] property from her father in law and is starting over -- planning to renovate and make living conditions acceptable. Transitions aren't pretty. They had to start somewhere, and they can't do it without cooperation. That cooperation begins with partnering with the ANC and working through the parts to make this work. To mix the tenant rental negotiations and the design elements is comparing apples to oranges. Ms. Wilson refuses to accept this fact. She seems to see this as an opportunity to light the torches and grab the pitchforks and go to the top of the hill like in a Frankenstein movie and burn the monster alive.

This is in Chairman [James] Turner's SMD [meaning, "Single Member District", or ANC district -- in this case, district 09]. He and others have fought hard for a balanced approach. That means a win/win. Instead, this matter is headed into the ditch. So, instead of trusting in the process that was unfolding under Mr. Turner's leadership, Ms. Wilson seems intent on circumventing the ANC and to scold the developer. I think it's a lose/lose unless things are quickly turned around. Imagine: instead of redeveloping the property, the landlord just sits back and does nothing. The property falls in further disrepair and is ultimately condemned. Everyone loses. We need to point this in the right direction and give the developer the chance and the tools do right for the tenants. This doesn't mean not being critical along the way, there have been problems along the way. However, I've been to enough of committee to know where things have been headed. Nothing personal, Ms. Wilson is a delightful woman. I just think it's time for her to go.

The following day, Ranslem wrote a separate email:

The Design Review Committee is supposed to review designs and make recommendations to the ANC-- nothing more, nothing less. It is not-- and let me emphasize-- it is NOT-- a mini ANC. 

Any responsible chairperson at that committee meeting on October 21 might have said something like this, "The concerns of the tenants are at the very heart of why renovation is needed, the spirit of which was duly noted at the October ANC meeting. Therefore, it's doubly important to get it done right and urge that it be done expediently. The purview of this committee is limited. We are here to deal with zoning, architectural plans, and other related elements based on their own merits. With that said, please keep your comments focused on the subject at hand."

Winston has not commented further on the case.

Ranslem was not present at the portion of the October 20 meeting devoted to this case, but he has witnessed several earlier Design Review Committee meetings. I was present at portion of the October 20 meeting that dealt with this case.

Thanks to Ranslem and Winston for permission to quote their emails.

Winston was voted Design Review Committee chair in February -- see SALM blog post of February 13.

Ranslem has been ANC Commissioner since May. He ran unopposed in a special election.

(Photo credit: Amal Mimish, used with permission)

2724 11th Street: Opposition to Zoning Relief Recommended

At a regular monthly meeting on October 20, a committee of Advisory Neighborhood Commission (ANC) 1B/U Street voted to oppose zoning relief for the owners of 2724 11th Street NW, a rent-controlled Columbia Heights apartment building. The vote was unanimous, with one abstention.

2724 11th Street a few weeks ago

The motion said the committee would reconsider its opposition if the owners could show they had arrived at a "concrete agreement with the tenants" about how the renovation would proceed.

The matter was referred back to the Design Review Committee of ANC1B from the full ANC at its last meeting on October 2. The petitioners failed to provide the full ANC with promised drawings and documents to support their request in time for the previous meeting, so consideration of the request was taken off the agenda at the last minute. However, residents and neighbors who had come to the meeting in anticipation of a vote were allowed to tell the ANC about the state of advanced disrepair into which the building had fallen -- see SALM blog post of October 8.

The owners ask again for relief

The petitioners, lead by Martin Sullivan of the law firm Sullivan & Barros, appeared with drawings that more accurately reflected their revised plans. However, Sullivan didn't think the referral back to the Design Review Committee was necessary.

"I didn't think we needed to come back," Sullivan said.

The original proposal (see SALM blog post of June 23) added 11 new basement units to the 25-unit apartment building. The revised plan will result in a net gain of eight units. One above ground unit would be eliminated to create a trash disposal room, and nine units would be added to the basement. This revised proposal was first presented to the Design Review Committee last month -- see SALM blog post of September 17 -- without appropriate drawings.

The architect, presenting the September 17 proposal once again, said the new design created a "neighborhood-friendly" and "street-friendly" building.

"We plan to do rather a lot of landscaping," he said.

The architect said the proposed new basement units would be "more of a terrace unit" with direct access to the outside. The proposed new design would improve handicapped access, he said.

"It's a terrific way to save the building," he said. "It makes it economically feasible."

Attorney Sullivan then asked for committee endorsement on two zoning variances, the most significant of which is the requirement to add three addition parking space for the new units. The variance, he said, would qualify for zoning relief as it met the legal requirement of "no substantial detriment to the public good".

The tenants and neighbors testify

One tenant testified about the infestiation of rats, mice, and other vermin that the tenants have to deal with every day. He said that the owners had, last year, proposed a renovation and suggested that, if the tenants didn't agree, they should move out.

The tenant characterized the renovation as "a tool to try to push people out".

Speaking next, Janet Laskin, a student attorney representing the tenants, said the last year's deal referred to by the tenant above was part of a proposed condo conversion deal which was now "taken off the table".

Laskin said some repairs are now being done.

"Our legal team has just begin to speak with the owners," she said. "It's a bad, bad, bad situation."

One neighbor testified that an unauthorized renovation last year, started and then abandoned, left a big hole by the side of the building that filled up with water when it rained. This showed the owners had a bad track record on construction, she said.

Other neighbors concentrated on the effects the proposed variances might have on the neighborhood. One said the parking relief would create more cars wishing to find on-street parking where it was already very difficult to do so. Another said a proposed trash pick-up area on the rear alley would block the alley for service and emergency vehicles.

An owner responds

A woman who said she was a member of the family who owns the building had a chance to respond.

"There are so many untruths here," she said about the testimony of the tenants and neighbors.

"You may think we're rolling in dough, but we're not," she said.

About the renovation, she said: "We want to make this a beautiful building. You have drawings in front of you -- it could be a beautiful building."

Committee comments on the motion to deny

Committee member Joel Heisey made the motion to deny endorsement, and said there was "no compelling interest for the community".

"I agree this building needs to be renovated," Heisey said, but the owners were not entitled to "special treatment due to deferred maintenance".

Other committee members announced themselves against the motion, with one exception: Patrick Nelson.

"I'm at a total state of frustration," Nelson said. "For me, that's a lot of BS. There's stuff that's being brought in that has absolutely nothing to do with it [i.e., the zoning variance request]."

But others disagreed.

"Everybody wants to see the building renovated," committee member Tony Norman said. Norman commented on the testimony of tenants and neighbors: "I think all of this is relevant."

Norman also quoted ANC1B chair James Turner, who said that the tenants and neighbors should continue to come to the relevant meetings if they wished to influence the process.

Turner is commissioner for district 09, where 2724 11th Street is located.

The request for a zoning variance will probably be considered once again at the next meeting of the full ANC, which is scheduled for Thursday, November 6, at 7pm, at the Reeves Center (14th and U Streets). The zoning variance request for 2724 11th Street is on the calendar for consideration by DC's Board of Zoning Adjustment (BZA) on November 18 at 9:30am. The BZA holds open meetings at its offices at 441 4th Street (Judiciary Square).