"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. 

2024 15th Street: ANC1B Facilitates Negotiations Between Neighbors about Pop-back

Advisory Neighborhood Commission (ANC) 1B/U Street successfully facilitated an agreement between the owner of 2024 15th Street NW and a neighbor, so that the building will be able to "pop back" into a residence that will have four or five residential units. ANC1B's Zoning, Preservation and Development (ZPD) Committee voted unanimously to support the project after representatives of the neighbor came to the meeting and said they were satisfied with the outcome. The vote came at the ZPD Committee's February 23 meeting.

The darker grey on the left is the rear addition to the house

The neighbor had originally written a letter of protest about the development, which must get the approval of DC's Historic Preservation Review Board (HPRB) because it is located between U and V Streets in the U Street Historic District.

Patrick Nelson, ZPD Committee chair, said he had made a site visit to the property three weeks before and had spent two hours on the telephone with the neighbor a few days previous, addressing the neighbor's concerns.

The neighbor was out of town on business, but the neighbor's spouse and mother appeared at the meeting to confirm that the neighbor was satisfied with the outcome.

"He was very happy that someone took the time," Nelson said.

The neighbor was initially concerned about trash collection at the building once the expansion was complete, as well as a part of the proposed new construction which, the neighbor felt, would block light and air. The parties developing 2024 15th Street took the concerns on board and made changes.

"The modifications were not the ideal," the owner of 2024 15th Street told the committee.

The applicants told the committee they were planning to appear before the HPRB in three days' time, on February 26. This would be too soon to get approval from the full ANC, but the applicants were hoping to go to the HPRB with the committee's approval only.

The historic preservation aspects of the project were approved by the HPRB at its February 26 meeting. The HPRB staff report on the project (available here) calls the rear addition compatible with the historic district as a whole. It notes that it will not be visible from the front and is similar to rear additions to nearby houses already in place.

The rear additions will not increase the building's height, and the building will still have two parking spaces as required by zoning. The project does not require any zoning relief, so now that the HPRB has signed off on it, it can go ahead.

See the architectural drawings submitted to the HPRB here.

Weather permitting, ANC1B's regularly monthly meeting is scheduled for tonight, March 5, at 7 pm at the auditorium of the DC Housing Finance Agency, 815 Florida Avenue. This matter is not on the published agenda, which is available about half-way down this page.

(Photo credit: detail from applicant's HPRB submission)

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).

New Blagden Alley Construction: "I Envision a Restaurant" Next to Rogue 24

A team from Douglas Development unveiled a plan for a new building to be constructed in Blagden Alley at a regularly-scheduled monthly meeting of a committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle on February 25. The address will be 920 N Street NW. The building will abut Rogue 24 restaurant to the east. The space is currently a fenced-in empty lot which sometimes functions as a sculpture garden or a location for outside events.

Black building (right): Artist's conception of proposal

Paul Millstein of Douglas Development told ANC2F's Community Development Committee (CDC) told the committee the project was "a matter of right from a zoning perspective", meaning, it will not be necessary to seek zoning relief. However, the design, concept, and massing of the building must be approved by DC's Historic Preservation Review Board (HPRB) because the building is located in the Blagden Alley/Naylor Court Historic District. 

The black building on the right of the picture is the proposed new building.  The architect told the CDC the plan is for the building to have a two-story, 32-foot-tall building with a black brick veneer. It would be three feet taller than La Colombe coffee shop (left in photo), but still well within the zoning-dictated limit of 50 feet tall. Its design would "differ from [neighboring] historic buildings but have certain nods".

"We wanted to see the reaction to the brick," one of the presenters said.

The reaction to the color of the brick was not positive. Many members of the committee said they thought it should be changed. Some said it would not be possible to exactly match the color of the brick of the neighboring structures but recommended that the new building have "a similar color".

The new construction would also have access to an improved roof deck over neighboring Rogue 24.

Paul Millstein said there was no tenant committed to the space yet, but the building was built with food service in mind.

"I envision a restaurant," he said.

This lead to a discussion of practical aspects of a restaurant operating in the space, such as valet parking and trash collection. Millstein said he thought the future restaurant would have valet parking on 9th Street.

The committee voted unanimously to recommend the full ANC endorse the historical aspects of the new construction, with the provision that Douglas Development work with HPRB on the color of the brick.

The CDC's unanimous endorsement of this project will now move to the full ANC for approval. The case is on the agenda for ANC2F's next regularly-scheduled meeting on Wednesday, March 4, at 7pm at the Washington Plaza Hotel (10 Thomas Circle). In the case of unanimous committee endorsements, the full ANC in the past has often ratified decisions without much further debate.

(Photo credit: from documents distributed at the CDC meeting by Douglas Development)

14th Street Sidewalk Cafe for Slipstream Coffee

A committee of Advisory Neighborhood Commission (ANC) 2F/Logan Circle unanimously endorsed a request for a sidewalk cafe for coffee shop/cocktail bar Slipstream (1333 14th Street NW) at a regular monthly meeting on February 25.

(Photo credit below)

A settlement agreement signed by the establishment and ANC2F in 2013 dictates that the sidewalk cafe cannot have more than 20 seats. The same agreement also says Slipstream can serve sidewalk patrons starting at 8 am seven days a week. They can continue until midnight Sunday to Wednesday, and 1 am Thursday to Sunday, plus the evening before federal holidays.

Ryan Fleming, co-proprietor (with wife Miranda) of Slipstream, told ANC2F's Community Development Committee (CDC) that DC public space regulations will also limit the number of tables to four.

In order to use public space like a sidewalk, it is necessary to get a public space permit from the District Department of Transportation (DDOT). A letter of endorsement from the ANC makes the process go more smoothly.

The plan is to put tables outside during hours of operation and pull them in at closing -- no permanent fixtures. There will be no railing fences at the perimeter of the space. The committee recommended putting planters at the corners of the outside space.

There were comparisons to the outdoor space of their immediate neighbor, the restaurant Birch and Barley (1337 14th Street) when Fleming told the ANC that slipstream would have an awning.

"Will it be as imposing as Birch and Barley?" asked CDC member Jim Lamare (Commissioner for district 05).

"The awning is not similar to theirs," Fleming said. He further explained that the awning was already in place and, unlike Birch and Barley, was attached to the building.

In many cases, after getting a public space permit from DDOT, a liquor licensee has an additional step of going back to DC's liquor-licensing authorities for specific permission to sell alcohol outside. However, in this case, the proprietors had the foresight to have provisions about outdoor service written into its original settlement agreement (an 11-page .pdf viewable here), even though they did not immediately use it. At the meeting, Fleming said Slipstream did not start outdoor service directly upon opening because it did not have the money to buy extra tables, chairs, planters, etc.

This matter is on the agenda for the next meeting of the full ANC, scheduled for Wednesday, March 4, at 7pm, at the Washington Plaza Hotel (10 Thomas Circle). Matters passed unanimously by the CDC are routinely passed by the full ANC without further discussion, unless someone from the community shows up to object.

There is a September 20, 2013, SALM blog post about this establishment when it was still in its planning stages.

(Photo credit: Joe Flood/flickr.com - Creative Commons License 2.0)

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)