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!"

Liquor License Revoked for Restaurant of "Convicted Felon"

DC's Alcoholic Beverage Control Board (ABRA) has revoked the liquor license for El Sauce restaurant (1227 11th Street NW). The order was issued on February 11. ABRA also referred the case to the office of the DC Attorney General.

The order says the liquor licensees are Maria and Jose Carcamo. Maria Carcamo divorced her husband in 2008 and renounced all claim to the establishment in the divorce settlement.

Jose Carcamo has been convicted of a Class II felony, the order says. Therefore, under DC law, he cannot hold a liquor license.

However, the order said, the establishment was no longer being run by Carcamo. Instead, the establishment is being run by Blanca Rubia, who is not named on the liquor license.

In an February 19 email, John Fanning, Chair of Advisory Neighborhood Commission (ANC) 2F/Logan Circle, said, "El Sauce has been a troubled business establishment for years in our neighborhood." Fanning (Commissioner for district 04) said problems over the years included a "crime scene regarding a homicide, a reported stabbing, numerous fights amongst the patrons, serving alcohol to intoxicated individuals and neighbors witnessing and reporting after hours operations."

El Sauce was the scene of a homicide in the early morning hours of March 27, 2011. The shooter was later sentenced to 18 years in jail.

This incident was not the only problem that it caused the neighborhood. At a May 23, 2013, ANC meeting, commissioners saw and discussed

a two-page long list of 23 incidents, including five assaults with a deadly weapon (including a brick and a head-butt) and an assault on police. In addition, there have been 11 fines for violations of various types and a long list of lesser offenses. ANC Commissioners reported witnessing fist fights and receiving reports both of harassment of women near the establishment and of operation at 4:30am, long after the licensed closing time.

ANC2F continued to press for action against El Sauce when it could, for example, when ABRA Director Fred Moosally came to address ANC2F's liquor-licensing affairs committee in September 2014.

In his recent email, Fanning said: "I believe the finds regarding El Sauce are a direct result from [the committee's] September meeting requesting that Director Fred Moosally to expedite enforcement inspections."

In an announcement unrelated to El Sauce, ANC2F will have the first meeting of the year of its Crime and Public Safety Committee on Thursday, February 26, at 7pm at the National City Christian Church (5 Thomas Circle -- enter on 14th Street). 

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)

1918 11th Street: Restoration, Renovation, Addition

On November 17, the Design Review Committee of Advisory Neighborhood Commission (ANC) 1B/U Street unanimously endorsed the historic preservation aspects of a planned renovation at 1918 11th Street NW, on the west side between T and U Streets.

1918 11th Street (photo credit below)

From the project description submitted to the Design Review Committee: "This project includes the restoration, renovation and addition of an existing 2-story + cellar building. A 3 story addition will be constructed at the rear, and the new building will be converted into a residential flat...."

According to Design Review Committee records, Eric Gellman of Bonstra Haresign Architects presented.

There will be a total of four parking spaces under the new design -- two official, "legal" parking spaces at the rear edge of the property, plus two "tandem" parking spaces. The latter means the parking spaces will be inside the legal parking spaces, so cars in the tandem parking spaces could not leave unless the car in the legal parking space was first moved.

There will also be a new spiral staircase at the rear of the building, which would allow direct access to the new apartment at the third floor rear. The third floor addition would not be visible from the street. There would be a roof deck on the third floor as well, toward the front of the building, to the rear of an newly-added skylight.

The windows, roof, and interior of the building would also be renovated.

This matter will probably be on the agenda of the next meeting of the full ANC. Unless someone shows up at the meeting with a serious objection, it will probably be approved without much further discussion.

The ANC meeting is scheduled for Thursday, December 4, at 7pm, at the Banneker Recreation Center, 2500 Georgia Avenue NW. It will then move on to the HPRB for final approval.

The renovation requires HPRB approval because the property is located in the U Street Historic District.

Online information shows this home was sold for $625,000 in May 2014.

(photo credit: from documents submitted to the Design Review Committee)

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.

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.

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).

Astonishingly Short ANC Committee Meeting

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

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

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

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

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

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

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

Congratulations to all involved on the short meeting.

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

CORRECTED: 2724 11th Street: "It's Children Living Next to Rat Traps"

CORRECTION: An email from a neighbor of 2724 11th Street notes: "The owner's hardship petition has been default approved until the appeal process gets before a judge, so the 31.5% rent increase went into effect on Sept. 1, 2014." I was unaware the higher rents were already in effect. Apologies for the error.

Advisory Neighborhood Commission (ANC) 1B/U Street spent about an hour of its October 2 meeting listening to tenants and neighbors of 2724 11th Street NW tell of how the building is unpleasant to live near and nightmarish to live in. On October 5, tenants and neighbors had a well-attended event at the property to bring attention to their situation.

From the Twitter feed of Brianne Nadeau on October 5

The ANC voted unanimously to send a letter objecting to a proposed 31% rent increase for this rent-controlled building. Those asking for the rent increase have allowed the building to fall into an advanced state of disrepair during a half century of ownership. They have recently received approval of a "hardship petition" that would allows them to raise rents by 31 percent. This would may force many of the tenants out of the building. The approval is being appealed.

The ANC voted unanimously to send a letter to the body hearing the appeal, noting that the ANC objects to the rent increase.

Change of heart on the zoning variance

A vote to endorse a zoning variance for the same building was originally on the agenda for the meeting, but it was removed at the last minute when the owners did not produce revised plans it had promised in a timely manner. The zoning variance, if approved, will allow the owners to turn unoccupied basement space into new apartments, the rents of which will start at least at near-market rates. The proposed renovation would also compel current tenants above the basement level either to leave the property temporarily or deal with even more unpleasant conditions.

The Design Review Committee of ANC1B narrowly endorsed a request for zoning relief for 2724 11th Street at its September 15 meeting -- see SALM blog post of September 17. The approval was on the condition that the applicants provide revised drawings to the full ANC at the October 2 meeting.

It was reported that two of the committee members found out about conditions in the building after the vote and wished to rescind their approval. ANC1B Chair James Turner (Commissioner for district 09), while sympathetic to the desire to express disapproval of the conditions of the building, said: "They can't do that."

However, ANC1B Design Review Committee chair Leila Winston, who had reluctantly voted to endorse the voting request at the Design Review Committee meeting, urged the committee not to ratify the committee's endorsement

ANC hears about the building conditions

The ANC listened to tenants of the buildings. All of the tenants who testified were immigrants.

"It's like a slum," said one tenant, telling of chronic rat problems and unresponsive service. "Yesterday I had to kill a rat with a trap."

Several testifying tenants felt more comfortable in Spanish. They brought a translator to make their statements, but ended up answering questions posed directly by Spanish-speaking Commissioners -- Ricardo Reinoso (district 05), Juan Lopez (07), and Marc Ranslem (08).

One Spanish speaker reported living on the property since 1996. The conditions had recently gotten worse, the tenant reported, after the landlord had started, and then abandoned, unauthorized and unlicensed renovations to the basement of the building.

Another Spanish-speaker said: "They have been ordered to do repairs but haven't."

Several neighbors also testified. One testified she had lived in the neighborhood for years but first visited 2724 11th Street 6 or 7 months ago. She reported that children lived in terrible conditions there, and tenants had to buy new mattresses every three months due to chronic bedbug infestation.

"It's not just the financial immorality," she said. "It's children living next to rat traps."

Another neighbor said the building was "breeding rats and dead bugs" and called upon the ANC to reject the zoning request.

"This request is symptomatic of the management's desire to skirt the law," the neighbor said.

Yet another neighbor reported fly-covered dead rats caused at least in part by the owners' inability to maintain adequate trash collection. The DC health department gave the management company violations, the neighbor said, which led to the placement of some rat traps. The same neighbor reported a fire department inspection that turned up "seven to nine" violations, including missing or non-working smoke detectors. There also had been a leaking fuel tank in the basement.

Sunday rally at the property

Bishop Budde addresses the tenants

At the October 2 meeting, tenants and neighbors invited Commissioners to a Sunday afternoon barbeque at the property on October 5. I was unable to attend but an organizer says that 70 people attended the event, including Bishop Marian Budde of the Episcopal Diocese of Washington attended. She was given a tour of the building and spoke in support of the tenants.

ANC1B Commissioners Lopez, Turner, and E. Gail Anderson Holness (district 11) attended the event. The property is in Turner's ANC district.

Brianne Nadeau, Democratic Nominee for the Ward 1 Seat on the DC City Council, and Khalid Pitts, Candidate for DC City Council At Large, attended and posted messages of support for the tenants on Twitter.

Photos of the rally, as well as photo documenting the condition of the building, can be seen at the Facebook page of the group Save 2724 11th Street. The group also has an online petition.

ANC1B's Design Review Committee will probably take up this matter again at its next meeting, scheduled for Monday, October 20, at 6:30pm, at the Thurgood Marshall Center (1816 12th Street). The next scheduled meeting of the full ANC is Thursday, November 6, at 7pm, at the Reeves Center (14th and U Streets)

(Lower photo credit: Amal Mimish, used with permission)

2031 11th Street: One of the Oldest Houses in the Neighborhood Gets a Renovation

The owner of 2031 11th Street NW says parts of his home date from 1857, although on-line information says the house was built in 1890. In support of the 1857 claim, the homeowner showed the Design Review Committee of Advisory Neighborhood Commission (ANC) 1B/U Street a copy of a yellowing section of a 19th-century map. The maps shows the area between 7th and 16th Streets, and R Street and Florida Avenue.

2031 11th Street last week

A lonely black dot sits in a sea of undeveloped grid squares. This, the homeowner said, is his home.

This house is wood-framed. The homeowner was not able to find another wood-framed house of this age in the neighborhood.

The homeowner said he had bought the house in 2010. It was in "catastrophic condition", he said. Some of the 150-year-old wood was "completely rotted out". He has spent time since improving the interior of the house.

The homeowner now wants to renovate the facade and is starting the slog through the historical preservation process to get the necessary permissions. The house is located within the U Street Historic District, so the homeowner will first need to get approval from DC's Historic Preservation Review Board (HPRB). He came before the Design Review committee on September 15th to get ANC endorsement of the general idea for the renovation, which he needs before he goes to HPRB.

The homeowner said he has already been in discussion with HPRB. He would like to replace the current facade (see photo) and restore the wood frame. Perhaps the new facade might be stucco. The homeowner thought maintaining the bay window might be a good idea.

"I'd like a porch," he said.

A member of the Design Review Committee said that a porch was not appropriate for the house and he would not support it. Further, he said, HPRB would not support it.

The homeowner said he had talked to a neighbor in an abutting row house. The neighbor has no objections.

"He's a very easy-to-get-along-with guy," the homeowner said.

The Design Review Committee voted unanimously (one abstention) to support most of the concept of the renovation, including the bay window, but not the porch.

The homeowner a few days later said he had been in touch with HPRB. The person he talked to there said there would be no objection to a porch.

The renovation of 2031 11th Street will probably be considered by the full ANC at its next meeting, scheduled for Thursday, October 2, at the Reeves Center (14th and U Street NW).

According to on-line information, 2031 11th Street was sold in December 2010 for $560,000.

2724 11th Street: "We're Very Divided on This"

The committee vote was three in favor, two opposed, and two absentions. The person who eventually cast the deciding vote at first responded: "I don't know".

2724 11th Street in August

However, the Design Review Committee of Advisory Neighborhood Commission (ANC) 1B/U Street will recommend to the full ANC to support zoning variance which would allow the owners to renovate and enlarge a blighted rent-controlled building at 2724 11th Street NW, at the corner of Girard Street. The full ANC will probably take up this matter at its next scheduled meeting on Thursday, October 2, 7pm, at the Reeves Center (14th and U Streets).

This was the second time attorney Martin Sullivan of Sullivan & Barros presented to the Design Review Committee. There had been some changes, made at the suggestion of the committee, since Sullivan's last appearance before the committee -- see SALM blog post of June 23. For example, the proposed curb cut on the side of the building facing Girard Street was eliminated due to neighborhood opposition over the loss of on-street parking.

Another change was the number of units the building will have after the proposed renovation. It currently has 25 rent-controlled units. The original proposal would have added 11 more units, for a total of 36. Under the revised proposal, there will be nine new units, but one existing rent-controlled unit will be eliminated to create space for trash collection.

Yet another proposed changed is that ground-floor units would open on to small individual gardens -- four facing 11th Street, two facing Girard Street.

"The architect is making the building more street-friendly and neighborhood-friendly," Sullivan said.

The entire building will remain rent-controlled. However, the new units will enter the market at a much higher rent.

The building has been the focus of an organized action by tenants and community activists to improve the conditions of the residents and, if possible, to force the current owners to sell the building to someone who would take better care of it -- see SALM blog post of August 4. The two groups have formed "Save 2724 11th Street", which has a web site, a Facebook page, a Twitter feed, and online petition.

However, there seemed to be no representatives of the group at the Design Review Committee meeting.

After a chilly initial reception at the meeting, Sullivan said he thought the committee wished to "punish the owner", a wealthy family that had allowed the building to fall into a state of neglect during half a century of ownership.

"That's the impression I got the last time I was here," Sullivan said.

"The default is a property owner owns a property," Sullivan also said. "But we're in the District of Columbia, so that's not the case."

Sullivan said the owners had made $8,000, net, on the property last year. They proposed to invest $3 million on the renovation.

The first motion was to deny endorsement of the zoning requests, because there were "not significant community benefits".  This motion went down to defeat -- two in favor, three against, two abstentions.

Design Review Committee Chair Lela Winston then made a motion in favor of recommending to the full ANC endorsement the zoning variances, if the applicants provided drawings for a further revised design which incorporated changes made by the committee at the meeting. These changes would increase the number of two bedroom units and decrease the number of one bedroom and studio apartments. This is the motion that was eventually approved by a 3-2-2 vote.

"We're very divided on this," a committee member said.

Sullivan said that the zoning variances at scheduled for a hearing at DC's Board of Zoning Adjustment (BZA) on October 21.

ANC1B, in addition to U Street, includes all or part of the following neighborhoods: Columbia Heights, LeDroit Park, Pleasant Plains, Shaw, University Heights, and lower Georgia Avenue.

Tale of Two U Street Liquor Stores: One Approved, One Not

The cases of two U Street liquor stores came up at the regular monthly meeting of Advisory Neighborhood Commission (ANC) 1B/U Street on September 4. The locations are one block from each. Each sought an endorsement for a liquor license. One sailed through the ANC without a problem. The other did not.

Gallagher and Graham's future home

Eleven Market's present home

The first case discussed was that of Gallagher and Graham Fine Spirits (1939 12th Street NW) -- previously reported in the SALM blog post of July 17. The second case was that of Eleven Market (1936 11th Street), which proposes to change its name to U Street Wine and Liquor -- see SALM blog post of June 24.

Both will require a Class A liquor license, which allows liquor stores to sell wine, beer, and hard liquor.

Gallagher and Graham Fine Spirits is named after the cousins who will be the joint proprietors. Tucker Gallagher, one of the aspiring proprietors, spoke briefly to the ANC at the meeting. The proprietors have already reached a settlement agreement with the ANC through its liquor-licensing affairs committee. Settlement agreements normally deal with such matters as store opening hours, sanitation, noise, and security. The discussion of the matter was brief. The ANC unanimously voted to approve the settlement agreement as negotiated and endorse the request for a liquor-license.

The case of Eleven Market generated more discussion. Eleven Market has operated in the neighborhood for 15 years with a Class B liquor license, which allows it to see wine and beer. It wants to have a Class A license instead.

The proprietor of the establishment was present as were several members of the community who opposed the license. ANC1B Chair James Turner (Commissioner for district 09) said he had received numerous emails both supporting the license and expressing concern about it. Jeff Jackson, a former investigator for the DC liquor-licensing authorities, represented the owners.

There had been some difficulty negotiating a new settlement agreement for the establishment. At the outset of the negotiations, the proprietor agreed to a clause in the agreement that prohibits the sale of malt liquor and single cans of beer. Since then, the proprietor also agreed to improve the appearance of the front of the building, including planters in the front courtyard (see photo above), with the intended effect of decreasing loitering in front of the liquor store.

Turner mentioned that the ban of sales of single cans of beer in much of the city (but not in Ward 1, where Eleven Market is located) had caused the appearance of "doubles", that is, two cans of beer sold together. Jackson said the store was not planning to sell doubles.

"Is it fair to say you're moving to a more upscale liquor store?" asked Turner.

"Yes," Jackson replied.

Nick Baumann, chair of ANC1B's liquor licensing affairs committee, reported on the progress of talks with Eleven Market. Negotiations on a settlement agreement had begun, but not all the details had been nailed down. Some of the wording in connection with the nature of the improvement to the front courtyard was vague. The agreement said the improvements should be "satisfactory" -- what did that mean exactly?

"The definition of 'satisfactory' is up to you folks," Baumann said, meaning members of the ANC. He urged elected Commissioners to get more involved in the negotiation, but no one present seemed willing to volunteer to take the lead.

Some members of the audience urged the ANC officially protest the application until a settlement agreement was signed.

Commissioner E. Gail Anderson Holness (district 11) made a motion that the ANC accept the settlement agreement in its current form, but the motion died for lack of a second.

Commissioner Ricardo Reinoso (district 05) made a motion that the ANC protest the application for a liquor license conversion on the basis of peace, order, and quiet. It was second, and the motion passed, 7-1, with Holness the vote against.

According to a notice here, Eleven Market will have an initial hearing before DC liquor-licensing authorities on September 29. The offices are located at the Reeves Center (14th and U Street).

2724 11th Street: Tenants and Neighbors Mobilize Against Landlord

A group of 20 tenants and neighbors of 2724 11th Street NW travelled Friday afternoon, August 1, to the offices of SCF Management LLC (1433 T Street) to hand-deliver a report about the condition of their building. The condition of the building is very poor, with evidence of vermin infestation and neglect everywhere. There is also a large hole in the side of the building, as a result of an unauthorized, and then abandoned, renovation.

The front entrance last Friday

SCF Management LLC met with the delegation. There was a brief discussion in the corridor outside the management office. Representatives of the management company said the group did not have the right to be in the building or to speak on behalf of the tenants. Members of the delegation disagreed. Management company representatives said they would try to arrange a meeting between tenants only and the building's owners. Eventually, the group delivered the report and left the building without incident.

An ad-hoc group called Save 2724 11th Street organized the delivery of the report. According to an email from Amal Mimish, a member of the group, Save 2724 11th Street is a coalition of two groups. The first group is 35 tenants of the building, representing about 90% of the current residents. The second group are neighbors, "an active working group of about 20."

Save 2724 11th Street has a web site, a Facebook page, a Twitter feed, and online petition.

As reported in the SALM blog post of June 23, the owners of 2724 11th Street are currently not allowed to raise rents due to rent control restrictions. The owners have presented a "hardship petition" to DC authorities which, if approved, would allow them to raise the rent on all apartments by more than 31 percent, or between $200 and $300.

"Almost all the tenants are making very low wages, though working 2 or 3 jobs, and the others are on fixed retirement or disability incomes," Mimish said. "I would guess that maybe 10-15% could handle a small increase in rent if given adequate notice. The others would have to move out."

Save 2724 11th Street's on-line petition asks that the current owners sell the building to someone more willing to maintain it. Until that happens, the petition asks that owners make the necessary repairs.

After the visit to the management company, the group met on a T Street sidewalk near the management company's offices. Members of the group pledged to come back "every single month" until the situation improves.

Meanwhile, information from the web site of DC's Board of Zoning Adjustment (BZA) indicates the owners of 2724 11th Street requested a postponement of consideration until October 21 of an application for a handful of zoning variances. The proposal met with a frosty reception at a committee meeting of Advisory Neighborhood Commission (ANC) 1B/U Street in June -- see the same June 23 blog post referenced above. The request says the postponement will "allow more time for the ANC and the [owners] to work together."

The variances, if approved, would allow the owners to convert unused basement space 2714 11th Street to 11 apartments which would rent, initially, at market rate. Mimish, in her email, says the tenants would be asked to move temporarily while the new living space is prepared.

Save 2724 11th Street tweeted about the visit. I assembled the tweets into a narrative using the web tool Storify here.

Eleven Market to Become 11th and U Wine and Spirits

The proprietor of Eleven Market (1936 11th Street NW) came before the liquor-licensing affairs committee of Advisory Neighborhood Commission (ANC) 1B/U Street on June 18 to announce her intention of changing the store from a convenience store that sells beer and wine to a liquor store. The planned name for the store is 11th and U Wine and Spirits.

1936 11th Street has a large front courtyard

The store will need a change in liquor license class. The store has a Class B license, which permits grocery stores to sell beer and wine. The store will need a Class A license, which permits liquor stores to sell beer, wine, and spirits.

The proprietor was present at the meeting, but she let her representative, Jeff Jackson, do most of the talking. Jackson is a former investigator with D.C.'s Alcoholic Beverage Regulation Administration (ABRA) who now consults on liquor-licensing matters.

Jackson said Eleven Market had been a good neighbor. It had had only three ABRA violations in 15 years, he said.

On-line records show Eleven Market paid $750 in fines in 2013 in regards to two charges stemming from the sale of rolling papers in violation of a settlement agreement it had with ANC1B.

In exchange for support for a liquor-license conversion, Jackson offered the committee a guarantee that 11th and U Wine and Spirits will not sell single cans of beer. (The sale of single cans of beer is illegal in a large portion of D.C., but not in Ward 1, where the store will be located. The single-beer ban has led to the appearance of two-packs of beer in D.C.)

Some of the committee was not impressed with the offer, and felt the establishment should deal with other issues.

"The concession is pretty weak," said a committee member. "The perception is there are a lot of public safety issues."

Specifically, the property has a large open area in the front.

"This property has a tremendous setback. It looks like a patio," said ANC Chair James Turner (Commissioner for district 09)

Loitering in the front area is a problem, a committee member said.

Jackson didn't think there was any way the establishment could prevent people from congregating in front of the store.

The proprietor said the building was located in the Greater U Street Historic District. As a result, it is impossible to get permission to make the changes to the exterior of the building that would, for example, allow the store to move up closer to the front property line.

The proprietor plans a renovation to the interior of the store. She told the committee about it. But committee members were more interested in the exterior front. They wanted to talk about steps the store could take to make it less "inviting".

"Would you consider putting up something less comfortable?" one asked.

Someone advocated increased security lighting, like other liquor stores in the area have.

Another committee member mentioned that ANCs have a grant program. It might be possible for the store owner to apply for a ANC grant to defray the cost of increased security lighting.

The proprietor has not yet completed the application, so there was no motion or vote on the matter at this meeting. The proprietor did not specify when she thought she would return for ANC endorsement.

As the petitioners gathered up to leave, a committee member again asked the proprietor to consider some steps to "mitigate some of the loitering issue."

"You haven't heard anything saying we are against small business," said ANC Chair Turner. "There are lots of reasons why they can't do anything about the loitering."

2724 11th Street: "...They Are Slumlords, and Everything Is Just a Smokescreen..."

An publicly-available email sent to D.C.'s Board of Zoning Adjustment (BZA) quoted a neighbor who said: "...they are slumlords, and everything is just a smokescreen, and a reason just to get residents out of the building."

2724 11th Street (Google Street View)

"If the building is not in good shape, it's your fault," a member of the Design Review Committee of Advisory Neighborhood Commission (ANC) 1B/U Street told the owners of 2724 11th Street NW, and their representatives, at a regular monthly meeting on June 17.

"It is in desperate need of repair," said ANC1B Chair James Turner (Commissioner for district 09) at the same meeting.

The petitioners who came before the Design Review Committee in search of endorsement of two zoning variances are not getting a lot of love from the community, or the ANC.

Their BZA hearing is July 22nd. They had entertained the hope the committee would recommend endorsement to the full ANC, who would then vote on the matter at its next regularly-scheduled meeting (July 10, 7pm, at the Reeves Center, 14th and U Streets). But the committee decided to table the matter and asked for an improved design at the next meeting. Even if the new design is produced and approved at a July meeting, the full ANC would not vote on it until August, at the earliest.

The building was built in 1923 and is located at the corner of 11th and Girard Streets. It was said at the meeting that the property has been managed by the same family since 1958. The name of the management company today is Jefferson-11th Street, LLC. This company is, in turn, owned and managed by the family-owned Hartford E. Bealer Development Company, according to BZA documents. At the meeting, representatives of the owners said this was the first major renovation of this building in 50 years.

A 2003 obituary describes Hartford E. Bealer as a "prominent figure in the world of investment banking" and a co-founder and president of Chevy Chase Bank. Another web site says that, when Bealer died, his estate was worth more than $22 million.

However, at the meeting, a family member said: "We are not made of money."

"There have been some bad decisions," she said, especially by her 83-year-old father-in-law.

The desired variances

The building is a two-story building with 12 units on each floor. The owners wish to fill in and improve the unfinished basement and turn it into 11 additional units.

The zoning variances necessary to do this will be (1) permission not to provide at least 4 additional parking spaces, and (2) permission not to meet the requirement that residential units in this zoning category be at least 900 square feet.

Martin Sullivan of the law firm Sullivan & Barros led the team of petitioners. Sullivan proposed that, if the ANC was against the parking variance, ANC could endorse a request for a curb cut, which would allow tenant access to on-property parking.

"The community is outraged about the curb cut," ANC Chair Turner said. "They would rather have the parking variance."

2724 11th Street is in Turner's ANC district.

Payback time for the community

In addition to the comments quoted at the beginning of this post, there was plenty of other evidence that the petitioners had few friends in the community.
A renovation had apparently been started at the building in the recent past and then was abruptly stopped when it was discovered that the contractor had not obtained necessary permissions, nor notified the neighbors.

"Once we found out the contractor had no permissions, we fired him," Sullivan said.

A hole in the ground remains.

"It's an issue for me as a safety issue," said one committee member.

Referring to the abandoned project, another committee member said: "I have even less confidence in you if you can't do this correctly."

Sullivan defended the owners.

"It's subject to rent control," he said. "It's way below market rate for existing tenants."

Sullivan said, under rent control, a 10% increase in rent is only possible when a tenant leaves.

According to both information presented at the meeting and in the BZA application, the owners have submitted a "hardship petition" that will allow rents to rise by 31.5%. The owners were previously granted an 31.5% increase but "the notices didn't go out". They now must re-apply.

"All tenants will be hit with a 31 percent increase?" a committee member asked.

"Yes," Sullivan said.

However, according to a zoning application document signed by Sullivan, even if the hardship application is granted, the owners "will not realize anything near market value" on the existing units.

All of the proposed new units will be rented at market rate, after which they will also be subject to rent control.

Documents pertaining to this case, including the email quoted at the top of this post, can be accessed by going the BZA's Interactive Zoning Information System and entering case number 18790 in the search bar.

CORRECTED: T Street Bike Lane in Shaw to Become a Trench for the Summer

CORRECTION: Ben Klemens emails that the bike lane will be a trench for "four to six weeks", and NOT months as I reported. Apologies for the error.

Ben Klemens, Chair of the Transportation Committee of Advisory Neighborhood Commission (ANC) 1B/U Street, told the ANC on May 1 travel along the T Street bicycle lane in Shaw will be disrupted for four to six weeks several months. The disruption should start in May or June, and last four to six months.

T Street between 7th and 11th Streets will receive a set of more elegant-looking street lights from the District Department of Transportation (DDOT) -- see SALM blog post of April 28. DDOT officials told the Transportation Committee about the project at the Committee's meeting of April 16. At that time, the officials said that's as part of the project, they'd need to dig a trench, in sections, along one side of the road. A committee member asked if the trench would be on the side of T Street with the bike lane, or the other side. DDOT promised to check and get back to the committee with the information.

On May 1, Klemens told ANC1B the trench would go "right down the bike lane", according to DDOT. When crews were not working in the trench, Klemens said, they would cover them with sleet plates. It was agreed that this was not the optimum arrangement for bicyclists, especially when it rains.

When the project is finished DDOT will install manhole covers and resurface T Street.

At the same time, DDOT will also be working on the neighboring sidewalks, so using them as an alternate route may not be an option.

The next meeting of ANC1B's Transportation Committee is scheduled for 7pm on May 15th at the Thurgood Marshall Center (1816 12th Street NW).