Monthly Archives: April 2016

The three developments near Southeast Safeway. The Bowie site development is in red.

First Look at Concept for 3rd Development Near SE Safeway

by Larry Janezich

Insight Development met with ANC6B representatives Thursday night to give commissioners a first look at the initial design concepts for the 152 unit apartment complex planned for the 1300 block of E Street, SE, which the developer is – for now – calling the “Bowie Site.”  Insight is also the developer of the Buchanan School site adjacent to the SE Safeway.  OPaL LLC is developing the 3rd project – Watkins Alley –  adjacent to the Bowie Site, across E Street, south of Safeway.  The developer emphasized that the concepts are preliminary and do not reflect the level of detail which the project will feature upon completion.

The meeting on Thursday was with the ANC’s Subcommittee on Planned Unit Developments, (PUD) chaired by Commissioner Nick Burger.  The PUD process is a means by which a developer can request a change in zoning to permit greater density and mass for a site than would be permitted by current regulations.  To compensate the community for the impact of the larger development on the neighborhood the process provides for the developer to grant a package of “benefits and amenities” to the community.  Those benefits and amenities are negotiated for the community  by the ANC.  Insight filed a PUD application with the Zoning Commission on April 8.

Some of the benefits and amenities being considered by the developer related to the Bowie Site include an upgrade in landscaping and lighting for the Potomac Metro stop; expanding the alley adjacent to the project and providng paving, lighting and snow removal; expanding resources for Capitol Hill’s senior population; and including two and three bedroom apartments among the 13 or 14 affordable units required under the city’s Inclusionary Zoning regulations.  Those regulations require new residential projects on private land to dedicate 10% of the project’s square footage to affordable living space, at 80% to 50% of the Area Median Income.

Although Insight owns the land, a lease held by a business operating on the site runs until the end of 2018.  Insight is attempting to relocate the company, and if successful, construction could start in early 2018.  The project will take up to 2 years to complete.

Mayor Bowser announces “Rat-riddance” Initiative this morning

Local television turns out – as do (l-r) ANC 68B Commissioners Loots & Jayaraman, BRMS’s Sharon Bosworth, and ANC6B Chair Oldenburg.

The alley on the west side of the 500 block of Barracks Row seldom looks this clean, having been spruced up prior to the Mayor’s arrival

Mayor Bowser and entourage on alley inspection

Checking out Eat Bar’s indoor basement trash storage room

Mayor Bowser engages some of the neighbors who have been most active in bringing best operating practices to Barracks Row restaurants

Mayor Bowser Launches “Rat-Riddance” Initiative on Capitol Hill

by Larry Janezich

Mayor Bowser chose an alley on Barracks Row to announce the launch of a new multi-agency city initiative against rats.  Bowser said the city was going to “double down” on efforts to address the rat problem by providing free wire mesh to residents to restrict burrowing, using dry ice in rat burrows to humanely euthanize rodents, and revise city codes to require rat proof commercial dumpsters throughout the city.  In addition, the city will strengthen both education and enforcement programs and coordinated efforts with the National Park Service to control rodents on park land.

The 400 and 500 blocks of Barracks Row have been the special focus of a group of dedicated neighbor activists who are working with ANC6B to require “best operating practices” for the restaurants on those blocks in an effort to reduce the impact of odor, noise, trash, and rats on the nearby residences.

Following the press conference, Bowser and city officials – including Department of Energy and Environment head Tommy Wells, and Department of Health chief Dr. LaQuandra Nesbitt –  toured the alley in the 500 block of 8^th Street, SE.  (Neighbors said that the alley had been cleaned up earlier this morning by restaurants tipped off to the Mayor’s presence later in the day.)  The Mayor then checked out the indoor trash storage areas at Eat Bar and &pizza where neighbors had fought hard to make best operating practices a condition of ANC6B support for liquor licenses.

Liquor licenses can be an effective tool to require restaurants to address ways in which their operations have a negative impact on the community.  However, this approach only seems to work when there is an organized group of neighbors who are willing to press the local ANCs to require restaurants to clean up their collective act.  Restaurants which do not serve alcohol are more problematic since there are fewer opportunities to bring leverage against them.

ANC6B Chair Kirsten Oldenburg told Bowser that city regulations on trash control don’t work in areas where restaurants are highly concentrated, and said that a more systematic approach such as regulations requiring restaurants to meet best operating practices was needed.

After inspecting the indoor trash storage room in the basement of Eat Bar, Bowser engaged a number of the nearby neighbors active on these issues.  Bowser listed the ideas she said were her take-away from that exchange:  greater involvement by the Capitol Hill BID, taking trash management more seriously, standardize trash containers, require daily pickup of trash and organize businesses to coordinate pickups, require indoor trash storage, and review of best operating practices.  She said the Department of Health would take the lead here and coordinate with the Capitol Hill BID and report back to the ANC, adding, “I’m sorry we’re dealing with this but we’re going to get on top of it.”

The 400 and 500 blocks of Barracks Row are home to 28 venues which serve food:  Starbucks, the future &pizza, Popeye’s, Chipotle, Eat Bar, Pizza Boli, Capitol Hill Tandoor Grill, DC-3, 7-11, the Chesapeake Room, Ted’s Bulletin, Medium Rare, Matchbox, Ambar, Phase 1, Cava Mezze, and Lavagna, Dunkin’ Donuts, The Sweet Lobby, Café 8, Subway, Banana Café, Pacifico Cantina, Belga, Senart’s, Nooshi, and Garrison.

1501 Independence Avenue, SE, the site of a new 7-Eleven scheduled to open June 14.

7-Eleven Apparently Reneges on Pledge Not to Sell Alcohol at New Hill East Store

by Larry Janezich

Eat DC (‏@eat_dc) who covers DC’s food and drink venues, tweeted Monday afternoon that according to 7-Eleven’s website listing the sale of the franchises for its stores, the new Hill East store at 1501 Independence will sell beer.  (see here: http://bit.ly/1TtuFks)

Update:  Monday afternoon, CHC sent the following inquiry to Sembe Cole, Market Manager for 7-Eleven, Inc:

Mr. Cole –

Tuesday morning, CHC received a response from Me Cole, as follows:  “This was a mistake and put up in error”  

This directly contradicts what company reps told ANC6B Commissioners Krepps and Jayaraman and Hill East residents on February 19, 1916, at a community meeting at St. Coletta’s.  (see CHC post here:  http://bit.ly/23WSqK4)

The store is being opened as a matter or right, and nearby neighbors are concerned that it will create the same problems for their neighborhood that have plagued the 7-Elevens on Barracks Row and Maryland Avenue, NE.  In an attempt to allay concerns, one of the pledges company executives made to those attending the meeting was that the proposed 7-Eleven would not sell beer or wine.

Asked for reaction to the story, Jayaraman – who chairs of ANC6B’s Alcohol Beverage Control Committee – said, “…7-Eleven representatives told us that they did not plan to sell alcohol of any sort so I view this as a breach of trust and a reversal of what I understood to be their willingness to be sensitive to the surrounding community by not seeking such a license.  I will strongly object and protest any application to sell alcohol at that location. Such a move would also threaten the viability of SE Market, a small family-run small business.  As you know 7-Eleven has already put out of business 2 establishments that had been there for nearly 40 years. I am terribly disappointed to hear of this development.”

Commissioner Krepp, in whose Single Member District the new 7-Eleven resides, said yesterday, “Like Commissioner Jayaraman, I will oppose this application if it is true…this afternoon, I sought clarification from 7-Eleven.”

7-Eleven has become a bad neighbor in the eyes of many in the community, as the corporation has proven unresponsive to neighborhood concerns and the franchise holders are unable to deal with them.  The new store is scheduled to open on June 14.

1243 C Street, SE

The Week Ahead……

Monday, April 25

CANCELLED:  ANC6A Community Outreach Committee scheduled for today has been cancelled.

Tuesday, April 26

ANC6B Executive Committee meets at 7:00pm in Hill Center, to set the agenda for the May 10 meeting of ANC6B at Hill Center at 7:00pm.

Wednesday, April 27

Eastern Market Community Advisory Committee meets at 7:00pm in the North Hall of Eastern Market.

Thursday, April 26

ANC6B Planning and Planning and Zoning Planned Unit Development (PUD) Subcommittee meets at 7:00pm, at Hill Center.  The PUD Subcommittee will review the PUD process for the Bowies/Signature PUD by Insight Property Group.

Agenda:

Presentation on Bowies/Signature PUD

Draft benefits and amenities package discussion

Future meetings and Subcommittee next steps

Saturday, April 30

Miner Elementary Community Yard Sale Fundraiser, 9:00am until 12:00noon.  Miner Elementary Playground & Cafeteria, 601 15th Street, NE, (North Side of School).

Bring donations to the school between 4pm and 6pm on Friday, April 29, ask at the security desk for the yard sale collection team, or before 9am on Saturday, April 30!

Additionally, organizers will be set up to collect acceptable hazardous waste and e-waste that you want to dispose of.

HAZARDOUS WASTE and E-WASTE: time to clean out your storage area or garage of paint, chemicals, old electronics and other items not fit to go into a landfill.  We’ll have an area set aside to collect these items for transport up to the Fort Totten Transfer Station for proper disposal.

Information on accepted/prohibited hazardous waste is here: http://dpw.dc.gov/node/466802

Information on accepted e-waste is here: http://dpw.dc.gov/node/414902

Nana Thai Closing in June

Nana Thai Restaurant on Barracks Row to Close in June

New Owner Douglas Development Plans Substantial Renovation of Building

by Larry Janezich

Nana Thai, the popular Barracks Row family-owned restaurant, will close – likely the first week of June – according to restaurant employees.  The building’s second floor is occupied by Natural Kinks Hair and Braiding Salon, and it too will close within 90 days, according to owner Shannon Evans.

Douglas Development has purchased the building at 406 8th Street and the developer plans extensive renovations but the company’s plans for the site remain uncertain.  According to sources, the building was owned by the family who runs Nana Thai.

Technically both the restaurant and the salon have 90 days to vacate, but Nana Thai employees say the restaurant will close in early June.  Both operations are looking for new locations to reopen, possibly on Capitol Hill.  Long time Hill residents remember Mickey’s Pub and Patio which preceded the Old Siam, which last year gave way to Nana Thai.

Douglas Development has been aggressively developing properties on Capitol Hill, including the old Kentucky Fried Chicken site at 15^th and Pennsylvania, the retail building at the corner of 13^th and Pennsylvania, the building housing Pret a Manger at 3^rd and Pennsylvania, and the building occupied by District Doughnuts at 749 8^th Street on Barracks Row.

The purchase came on the heels of the announcement earlier this week that Metro Mutts, directly across the street at 407 8^th Street, SE, will close on June 12.  Employees say that the owner will consolidate operations in the H Street, NE, location, in response to a rent increase.  That building is owned by major Capitol Hill commercial property holder Maurice Kreidler.  This announced departure of retail follows the closing of City Bikes, the details of which were reported by CHC here:  http://bit.ly/1SBzTxA

Ed. Note.  An earlier version of this story reported that Capitol Hill Bikes was closing.  CHC regrets the error.

PSA 108 Meets Tonight on Carjackings & Violent Crime Spike – Liberty Baptist Church – 7:00pm

by Larry Janezich

A carjacking in Hill East last night was the most recent in a sudden spate of carjackings and other violent crime in Hill East during the past 30 days.  The past 24 hours also saw a robbery at gun point and an assault with a dangerous weapon at the SE Safeway (two individuals were taken into custody in the latter case).  Those three crimes are not reflected on the crime map below.  The sudden spike in violent crimes – up from 8 the previous month to 17 in the past 30 days prompted ANC Commissioner Denise Krepp this morning to ask MPD Chief Lanier for more police presence in Hill East as soon as possible.  The agenda for tonight’s PSA meeting is below the crime map for the last 30 days.

Crime Map for last 30 days in PSA 108 – not reflected are three violent crimes in the past 24 hours – clickj to enlarge

Metropolitan Police Department — Police Service Area 108 Monthly Community Meeting Tonight at 7:00pm at Liberty Baptist Church, 527 Kentucky Avenue, SE

AGENDA

1) MPD, DC Government Officials, and Community Leader Introductions; announcing new Sergeants Officials and Community Leaders 7:00-7:05

2) Overview of PSA 108 Crime Reports Lt. Taylor 7:05-7:15

3) Focus: Recent Carjackings in PSA108 Lt. Taylor 7:15-7:30

4) Community Prosecutor Update: Case Papering AUSA Klein 7:30-7:45

5) PSA 108 Community Member Discussion 7:45-8:00

CARJACKING PREVENTION TIPS

When approaching your vehicle, walk with confidence, purpose and STAY ALERT.

Be wary of strangers requesting directions or handing out fliers.  TRUST YOUR INSTINCTS.

Always approach your car with keys in hand and LOCK YOUR DOORS at all times.

Especially at night, avoid driving alone.  Take a Ride Along whenever possible.

When stopping in traffic, leave enough space between the car ahead of you to maneuver if necessary.

Don’t stop to assist strangers with road side assistance.  Help by calling 911 and reporting the matter.

Avoid parking in low visibility areas that reduce your ability to see or be seen.

Always look around before exiting your vehicle to observe your surroundings.

When arriving at destinations late at night, have someone meet you outside.

Invest in remote car alarms that feature panic buttons in the event of an emergency.

Eat Bar –in the former Krazy Burger location at  415 8th Street, SE – opened on Barracks Row this month.  For the food and drink menus and the free play jukebox selections, go here:  http://www.eat-bar.com/

The Week Ahead…

By Larry Janezich

1. ANC 6A Transportation & Public Space Committee meets at 7:00pm at Capitol Hill Towers, 900 G Street, NE.

Among items on the agenda:

Discussion of DDOT meeting on 17th Street, NE, and 19th Street, NE, redesign projects to be held on May 3 at 6:30 p.m. at the Rosedale Community Center, 1700 Gales Street NE.

Discussion with DPW and DDOT Public Space Committee representatives on alley trash receptacles.

Sidewalk café permit application for BAB Korean Fusion, 1387 H Street, NE

Residential Permit Parking request for 1000 block of 10^th Street, NE

Pedestrian crossing at Benning Road and 18th Street, NE

Tuesday, April 19

1. ANC6A Alcoholic Beverage Licensing Committee meets at 7:00pm at Sherwood Recreation Center, 10^th and G Streets, NE

Among items on the agenda:

Update on status of protest hearing of the license renewal for Touche at 1123 H Street NE. See here:

Discussion of license renewals for: Khan’s BBQ (1125 H Street NE), Ocopa (1324 H Street NE), Ben’s Chili Bowl (1001 H Street NE), Dangerously Delicious Pies (1339 H Street NE), Gallery O on H (1354 H Street NE) (Multipurpose license), The Argonaut (1433 H Street NE), Da Luft (1242 H Street NE), Chupacabra (822 H Street NE), Conscious Café (1413 H Street NE), Cusbah (1128 H Street NE), Kitty’s Saloon (1208 H Street NE), Sticky Rice (1222-1224 H Street NE)

2. Capitol Hill Restoration Society Board of Directors meets at 6:30pm, Capitol Hill     Townhomes, 750 6th Street, SE, Second Floor.

3. DC Water Ward 6 Town Hall meeting, 6:30pm, Tyler Elementary School, 10^th and G Streets, SE. Questions about DC Water activities and operations?  Ask General Manager George Hawkins and staff.

Wednesday, April 20

1. ANC6A Economic Development and Zoning Committee meets at 7:00pm, Sherwood Recreation Center, Corner of 10^th and G Streets, NE.

Among items on the agenda:

1603-1625 Benning Road, NE (Informational Presentation): The PUD seeks a land use designation change in order to develop the Property into a residential development with a significant portion of the units being dedicated to workforce housing.

920 – 922 H Street, NE, Applicant seeks variances to allow the construction of a mixed-use building with a restaurant and nine residential units.

2. PSA 106 meets at 7:00pm at 200 Eye Street, SE, First Floor – ID required.

3.Author talk – local author/artist Brett Busang (whose artwork was featured on CHC here: http://bit.ly/1pa9aKF) will discuss his recent book, “I Shot Bruce” at 6:00pm at Riverby Books, 417 East Capitol Street, SE.

From Busang’s publisher Open Books:

“Set in London, beginning in the early sixties and spanning five decades, I Shot Bruce follows Vijay Asunder, a rock-and-roll wannabe who, many decades after he is spurned by the manager of a singing group that eventually becomes world-famous, finally decides that he must kill the one person that symbolizes the success that has eluded him, his replacement.

During the fifty-year span of time, Asunder follows the fortunes of the band and its various members as he pursues the alternate and ever-so-quiet, but not-very-satisfying life he’s made for himself as an antique dealer. Yet with each passing year, and with each reminder of ‘what might have been,’ his obsession for revenge grows, until finally he must act.

Conceived loosely on the untimely dismissal and subsequent life of Pete Best, the so-called ‘fifth Beatle,’ Asunder’s perspective and his ultimate commitment to retribution differs markedly from Ringo Starr’s predecessor. Intelligent and intense, I Shot Bruce chronicles and dramatizes obsession to the point of self-destruction.”

Thursday, April 21

1. Councilmember Charles Allen Ward 6 Budget Town Hall. 6:30pm at the DHS H Street service Center, 645 H Street, NE.
2. Police Service Area (PSA) 108 public meeting, 7:00pm, First Baptist Church, 527 Kentucky Avenue, SE.

Saturday, April 23

POSTPONED.  Miner Elementary School, at 601 15th Street, NE, is hosting a spring Community Yard Sale on Saturday, April 23 from 9am to noon.

DONATIONS SOUGHT….

Drop off your gently used household items at any of the doors on the north side of the building near the cafeteria as follows:

Friday 4/22 after school from 4PM to 6PM

Saturday 4/23 before 9:00 am

&pizza owner Michael Lassiter (standing at left) with &pizza reps at ANC6B Planning and Zoning Committee meeting on April 5.  Resident committee member Ivan Frishberg is seated at left.

&pizza Back On Track after a Mea Culpa and a Stinging Rebuke by ANC6B

by Larry Janezich

Last Tuesday night, ANC6B voted to support a new plan under which &pizza would implement best operating practices allowing the restaurant to resume construction at its future Barracks Row outlet.  The city had issued a stop work order at the site after neighbors complained that work was being done illegally – without a permit – and a Zoning Order requiring best operation practices (reached after months of negotiations with ANC6B and neighbors) was being ignored.  The ANC’s support came, however, with a reduction of the restaurant’s fast food exception from 7 years to 5 years, meaning they will have to come back to the ANC in 5 years to request a renewal.

&pizza owner Michal Lassiter blamed the general contractor for starting construction without a permit, telling the ANC’s Planning and Zoning Committee on April 5^th:  “General contractors always play games with how much work they can do without a permit – they started framing out without a permit.  Shame on us – it was our responsibility.”

A positive result of the 6 month delay in construction from the stop work order was that it produced stronger protections for the nearby residential neighbors.  A strong organization of neighbors and former ANC Commissioner Francis Campbell exacted new concessions from &pizza regarding odor control, accountability for following the Zoning Order, and the reduction to 5 years for the fast food exemption.

&pizza’s new willingness to make a greater effort at being a good neighbor won over those most affected by the impact of yet another fast food restaurant on the 400 block of 8^th Street.  Linda Elliot, a resident of 7^th Street, SE, who has been active in encouraging best operational practices for Barracks Row restaurants, told the ANC:  “Over the past six months, [other neighbors] and I have come to completely trust the current leadership of &pizza – despite the fact that they were in charge during the illegal construction. [We] believe that they have genuinely seen the error of how they operated and can be completely trusted to be real leaders on Barrack Row going forward…it is our view that the faster they can … get on with the permitting process, and get back to construction, the better it will be for 400 block of 8^th Street.”

Still, ANC6B was not happy &pizza’s flouting both DC regulations and the signed agreement with ANC6B.  Ivan Frishberg, Planning and Zoning Committee resident member and former ANC6B Commissioner, earlier characterized &pizza’s actions as “the most extreme violation I’ve ever seen” and “a complete outrage of the process.”

An excerpt from the ANC’s letter to the Board of Zoning Adjustment (BZA) approving the new plan was critical of both &pizza and the building’s landlord (Maurice Kreidler – Capitol Hill Investors, LLC) who owns multiple properties on Barracks Row and the D Street and Pennsylvania Avenue commercial corridors, and reads as follows:

“[&pizza’s] proposed modifications are being supported by the Commission and endorsed by surrounding neighbors despite the fact that &pizza in concert with the owner of 405 8^th Street SE – Capitol Hill Investors, LLC – conducted two and a half months of construction without construction permits and pursuant to unapproved plans that contradicted the most fundamental requirements upon which the ANC’s support of the 2014 variance request and fast food exception was premised and which &pizza was ordered to comply with by the BZA in its September 2014 Order. Contrary to the September 2014 Order, the unpermitted plans that &pizza and [Capitol Hill Investors] used for construction:

Placed a large walk-in cooler for food and beer in the extension that &pizza and CHI agreed and the BZA ordered be used exclusively for trash and recycling…;

Substituted a venting hood system (without a Pollution Control Unit) for the ventless system that &pizza agreed and the BZA ordered be used; and

Located the HVAC compressor and other mechanicals on the roof of a one-story extension, as opposed to the higher main roof of the building where &pizza had agreed and the BZA had ordered them to be placed.

The plans also lacked a variety of the rodent proofing measures…that &pizza had agreed to and the BZA had ordered.

The applicant’s illegal construction activities based on plans that contradicted the requirements of [the Zoning Order] were beyond disappointing given the extensive and time consuming negotiations (involving six ANC meetings and numerous meetings between Applicant and neighbors) required to reach agreement on conditions for supporting the 2014 variance and exception requests….

Recognizing their mistake, &pizza has worked diligently and in good faith over the past 6 months with a small group of neighbors, former ANC Commissioners, and engineers and other experts to determine how what they have constructed can be modified to bring the project in line with the spirit of what was required by the September 2014 BZA Order. The result is the proposed modification as documented in the requested conditions and plans…  Given the genuine cooperation demonstrated by &pizza (and in light of the support they have garnered from the neighbors over the past six months of interaction), ANC 6B has agreed to support the [new agreement with the neighbors regarding best operating practices] and recommends that the Bureau of Zoning Adjustment approve [as well].”

For previous posts on the &pizza saga, go here:  http://bit.ly/1S0XANC

Latest design elements, perspective – Pennsylvania Avenue

Perspective, Pennsylvania Avenue

11th Street facade and garage exit

New four story infill – Frager’s on left and resident’s entrance on right. Not surprisingly, the one story building on the far left is planned for redevelopment. No surprise if the same is true for the former Frager’s paint store on the corner.

First Floor. 7638 square feet of new retail; 5340 for Frager’s; outdoor garden center.

Basement. An additional 3340 square feet for Frager’s, 36 parking spaces – one for each condo plus 2 for retail

second Floor. five 2 BR plus Den, two 2 BR, two 1 BR plus den, three 1 BR

Fourth floor. four 2 BR plus den, four 2 BR, one 1 BR

Third Floor. three 2 BR plus den, four 2 BR, two 1 BR plus den, two 1 BR

Penthouse: two 2 BR

ANC6B Signs Off on Latest Frager’s Design – Photos – Plus Floor Plans for the Development

by Larry Janezich

Tuesday night, ANC6B approved Perseus Realty’s plan to redevelop the Frager’s site.  The concept, (as reported on Capitol Hill Corner, here: http://bit.ly/1S8nVpF) is a by-right project with four stories and a two-unit penthouse.  The design includes indoor trash storage, and 34 condos:  twelve 2 bedroom units plus den, twelve 2 bedroom units (including the 2 penthouse units), four 1 bedroom plus den units, and six 1 bedroom units.  There will be 36 below grade parking spaces, one for each condo and two for retail.

The ANC told the Historic Preservation Reserve Board that they would like the developer to consider a few design tweaks, including a setback on the upper floors on the west side of the building, a second look at the two new in-fills on the Pennsylvania Avenue side, less glass on the rear façade, and a second look at the modifying the design of the third story so as not to mimic the historic building.

With the exception of the addition of the last item, the ANC adhered to the recommendations as they came out of the Planning and Zoning Committee, chaired by Commissioner Nick Burger, which met on April 5, to consider the Historic Preservation Application.

The proposal will now go to the Historic Preservation Review Board, the staff of which has been working closely with the developer to move the project forward.

The view of the pop up at 242 14th Street from the corner of 14th and C Streets, SE – click to enlarge.

From 14th Street, Looking southwest

View of the extended fire wall for the new construction as seen from King’s Court, looking south

This Is the rear unit in the vertically divided building, whose entrance will be from the alley connecting to King’s Court

Firewall Looking Northwest

A pop up on C Street which Hess Points to as a a height comparable to his

Kings Court. The red dot to the left marks Hess’s Project. (Image courtesy of Google Maps.

Capitol Hill Developer to Neighbors:  Caveat Emptor

New Pop Up Regulations Offer Little Protection to Neighbors of Development Projects

by Larry Janezich

Capitol Hill Corner (CHC) asked developer Robert Hess how he could justify the huge structure under construction at 242 14^th Street, SE, in terms of its effect on neighbors – especially the neighbor on the north side whose back yard will never see the sun again.  Hess said that owner could have checked on what could be built next door before he bought the house.  Hess added, “I’m not in charge of moving the sun.  Caveat emptor.  Buyer beware.”

Developer Bob Hess, who has developed more than 200 homes on Capitol Hill, says that the construction at 242 14th Street, SE is within the lot occupancy and height code.  (The Zoning Commission lowered the height of buildings in R-4 residential zones from 40 to 35 feet in June of 2015.  Hess drew his building permits prior to the change.)  Hess’ building will house two separate apartments with the three floor divided vertically, providing a three story apartment in front and another in back whose entrance will be on the alley – which empties into King’s Court.  The building will technically have a fourth floor to house HVAC and water heaters, the construction of which was authorized by a special exception (permitted by right under the old regulations – a special exception would be required under the new regs.)  The apartments will be sold rather than rented.

An unusual feature is the vertical division of the building, which actually will begin some 15 feet back from the existing historic façade – creating a courtyard – but also extending the building by an equivalent amount to the rear, adding to the appearance of greater mass.

Hess says “The city is made up of houses of different sizes and different designs. Sometimes you have to make room for newer models.”  He said that the height is the same as the buildings across the street and pointed to the roof line on C Street to the south and says, “Is it higher than some of those?”

He cited the difficulty he had encountered in purchasing the building which he had originally remodeled in 1974.  As owner of one of what was then an upper and lower duplex he found himself denied access to his unit in the badly deteriorating building by the owner of the second unit.  Hess says, “I had to file a lawsuit. There was termite damage.  The roof had collapsed.  The courts judged against the other owners and there was a court-ordered sale.”

Creating a unit with a non-traditional entrance on to an alley involves some risk – even when it’s an alley feeding Kings Court.  In the latest wrinkle, Hess has messaged neighbors, asking them to join him in petitioning the city to pave the alley behind his building.

Another neighbor – Jim Myers, who lives on C Street, SE – says, “If this construction is legal, something is deeply wrong with a system that allows a homeowner to wake up to a monstrosity next door.  Even the C street residents are offended by the huge wall.”   To those who support increased density, he asks if they would welcome this in their back yard, adding, “Before we ruin everything worthwhile we should do something to keep neighborhoods with character.  It’s too bad we didn’t go with the historic district.  What gives our houses value?  To whatever extent we look like Capitol Hill – that is the appeal that gives us value.  Caveat Emptor should be a notice propagated city wide – as well as the fact that the city is not doing anything about it.”

CHC consulted with DC’s Department of Regulatory Affairs.  According to a DCRA source, the construction meets the height and lot occupancy requirements.  The fourth floor top structure – which is the only part of the structure that would not have been permitted under the new pop-up regulations – will be used for mechanicals and water heaters for the two units.  The massive walls act as common fire separation walls.  The source offered, “It’s sad to see.  Fifty years from now the neighborhood will be full of big buildings and the old school feel of the street will be lost because of the way it looks.”

Gary Peterson, Chair of the Capitol Hill Restoration Society’s (CHRS) Zoning Committee said, “I’ve looked at it and I think it is hideous.  It’s too bad that the people in this part of the Hill don’t want a historic district.  CHRS has done 90% of the work, but they don’t want the protection.”  He said that the regulations governing a historic district would have prevented the construction of parts of the building visible from public space, in this case,  – 14^th Street, and the alley, and King’s Court.

Asked about a possible new historic district in Hill East, Beth Purcell, Chair of the CHRS Historic Preservation Committee said, “The area is very large, over 100 squares.  I am not aware of any interest on that block of 14^th Street, but if there is, please ask them to contact me.  If someone approaches CHRS about a possible new historic district, we will meet with them and their [ANC] commissioner.”

Not everyone outside the Capitol Hill Historic District supports its expansion.  Many of these residents want to add on to their houses and say that historic district regulations would make that difficult, if not impossible.  They also do not want to be over-regulated on matters such as window replacement and changes to the building’s exterior.  On a related note, legislation authorizing so called “conservation districts” to rein in developers converting townhouses to multiple unit condos was floated in 2014, but never introduced to the City Council.”