Category Archives: Uncategorized

&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

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.

 

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.”

The Week Ahead….

Monday, April 11

1. ANC6D meets at 7:00pm at 1100 4th Street, SW, DCRA 2nd Floor meeting room.

Agenda not available at press time.

2. ANC6B Outreach & Constituent Services Task Force meets at 7:00pm, at Hill Center. Director Melinda Bolling of DC Department of Consumer and Regulatory Affairs will attend.

Among items on the agenda:

Occupancy permits for businesses in Capitol Hill residences.

Tuesday, April 12

1. ANC6B meets for its April monthly meeting at 7:00pm at Hill Center.

Among items on the Agenda:

Councilmember Charles Allen will provide a community update and take questions.

Ms Tamara Robinson, Public Affairs & Voter Outreach Specialist, DC Board of Elections, will give a presentation about the upcoming DC Primary on June 14^th and demonstrate new voting equipment.

Consent calendar (non-controversial items)

Liquor license renewals for:  Rose’s Luxury, Sizzling Express, Aatish on the Hill, Acqua Al 2, Young Chow Asian Restaurant, Trattoria Alberto, Nooshi Capitol Hill.

Zoning issues for 605 G Street, SE; & Pizza on Barracks Row, Pineapple & Pearls on Barracks Row, Rose’s Luxury, Beuchert’s.

Regular Calendar (items not resolved in committee)

Southeast Market, 1500 Independence Avenue SE.  Change from wine and beer liquor license to wine, beer, and spirits license.

Capitol Hill Club, 300 First Street SE, renewal of club license.

Hunan Dynasty, 215 Pennsylvania Avenue, SE. Renewal of liquor license.

Good Stuff Eatery, 303 Pennsylvania Avenue, SE.  Renewal of liquor license.

We, The Pizza, 305 Pennsylvania Avenue, SE.  Renewal of liquor license.

Bearnaise, 313-315 Pennsylvania Avenue SE.  Renewal of liquor license.

Café 8, 424 8th Street SE, renewal of liquor license.

U.S. Capitol Power Plant, 25 E Street, SE. Fence over 42” high.

1101 Pennsylvania Avenue, SE, (Frager’s Hardware site).  Concept/additions and infill.

2. PSA 104 meets at 7:00pm at Ludlow Taylor elementary School, 659 7^th Street, NE, with Lt. Brian Murphy.

Among items on the agenda:

Assessment of PSA Problem Solving in the last 30 days

PSA 104 Crime Report and statistics

DC Attorney General Report

US CSOSA Report

Presentation by Christopher Dye, Administrator, Private Security Incentive Program, Office of Victim Services and Justice Grants.

(Pending issues from last meeting:  Prostitution on K Street and nearby area, DC Protective Services support at Office of Aging, Tree Trimming on K Street, NE, for safety security reasons; Nuisance issues.

Wednesday, April 13

1. ANC6C, meets at 7:00pm, Heritage Foundation, 214 Massachusetts Avenue, NE

Among items on the agenda:

Presentations by:  Director of Unified Communications (911, 311)—Karima Holmes; Streetcar update—Sean Moore.

Liquor license renewals for:  Wunder Garten, 150 M Street NE, Addis Ethiopian Restaurant, 707 H Street NE, Bistro Italiano update, 320 D Street NE.

4th and M Streets NE, proposed bike lanes

51 N Street NE, mixed use development, paving, ADA curb ramp, curbs, gutters, benches, etc.

Ethiopic Restaurant, 401 H Street NE, enclosed sidewalk cafe

K Street NE traffic study

Capitol Crossing, I-395 air rights, ZC 08-34 F, minor modification to previously approved PUD

Central Armature Works, 1200 block of 3rd Street NE (nonvoting), planned PUD

Thursday, April 14

1. ANC6A meets at 7:00pm in Miner School, 601 Fifteenth Street, NE.

Among items on the agenda:

Presentations:

Rappaport & WC Smith – H Street Connection Redevelopment, 901 H Street, NE.

MPD Fifth District Commander William Fitzgerald

Office of Unified Command Director Karima Holmes

DC Streetcar Team’s Sean May and DDOT representative

Regular calendar:

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

2. CHRS Zoning Committee meets at 7:30pm, at Kirby House, 420 10th Street, SE.

Saturday, April 16

1. Liberty Baptist Church outreach to Potomac Gardens: Reverend Anthony Owens and the congregation from Liberty Baptist Church will be introducing themselves to Potomac Gardens on Saturday, April 16, from 11:00am thru 2:00pm.

Sunday, April 17

1. Anacostia River Festival:

All events from 1:00pm to 5:00pm are “free and family-friendly.”  For more information, go here:  http://bridgepark.org/anacostia-river-festival  Access: Free shuttles from Anacostia and Eastern Market Metro Stations; free parking at Maritime Plaza (1201 M Street SE) and the Anacostia Metro Station (with free shuttle service to the Park), and free bike valet at the Park.

 

The Identity Politics of Indigenous Artist Gregg Deal – At The Fridge

by Larry Janezich

Gregg Deal is a Pyramid Lake Paiute artist and activist.  His current show at The Fridge through May 1, “There Is No Plan B” raises questions regarding the complex identity of indigenous people as it exists within Western culture. Deal talked about his work at an artist’s talk last Sunday at The Fridge: his art is calculated to start a conversation about the complex social-cultural identity of indigenous people and how they are viewed.  Gregg says, “When you can facilitate conversations through art, you can change lives.”

Gregg told the audience, “I’m not a Native American artist – I’m a contemporary artist that happens to be Native American, and this [my art] is my experience.”  Commenting on the contemporary nature of indigenous arts, Deal says, “There’s a place in my heart for more traditional things indigenous people make…but there’s a large number of indigenous people who are contemporary artists and contemporary art is important because it expresses something – your art is your life.  Often times a statement is being made that relates back to being the person you are.  One obstacle we face as indigenous people is proving you exist – contemporary art is a good way to do that.”

Trained as an oil painter, then print as a maker and graphic designer, Deal’s art is the result of combining everything he has ever done. He says, “Every artist has things he draws from.  The thing that got me started was social media manipulation.”  His work spans an array of media, including visual art, murals, print work, performance art, time lapse videos, and conceptual art.  See his website, here:  http://greggdeal.com/

Deal was one of the group of Native Americans who confronted a panel of Washington DC football fans supporting their team’s name on the Daily Show in September, 2014.  Deal says that the Daily Show created a new context to have a conversation about the controversy over the team name using comedy – “laughing about it changes minds – art does the same thing.” For the WaPo account of that event, go here:  http://wapo.st/1TC6ylr

Deal just finished a three-month stint as artist-in-residence at the Denver Art Museum and has recently relocated his family to the Denver area.  To watch an interview with Deal done during his tenure as an artist in residence go here: http://bit.ly/1N0WUY6

For details on “There Is No Plan B” and for more on upcoming events at The Fridge, go here:  http://bit.ly/1VHnzef

 

The Week Ahead….Touché – Formerly XII Lounge – in Trouble with ANC6A (See Wednesday)

by Larry Janezich

Monday, April 4

1. Capitol Hill Restoration Society Historic Preservation Committee meets at 6:30pm, in Kirby House, 420 10^th Street, SE.
2. ANC6C ABC Committee meets at 7:00 pm at Kaiser Permanente Capitol Hill Medical Center, 700 Second Street, NE.

Among items on the agenda:

Wunder Garten, 131 M Street, NE – License relocation request and other related items.

Addis Ethiopian Restaurant, 707 H Street, NE.  Settlement restriction reconsideration request.

Update – Bistro Italiano, 320 D Street, NE.  Summer garden request withdrawn.

3. EventsDC Community Meeting to reveal results of its “RFK Campus Redevelopment Study”. 6:30pm to 8:30pm, at he Convention Center, 801 Mount Vernon Place, NW.

Tuesday, April 5

1. ANC6B Planning and Zoning Committee meets at 7:00pm at St. Coletta of Greater Washington, 1901 Independence Ave, SE.

Among items on the agenda:

605 G Street SE. Susan Hillberg (owner).

&pizza, 400 block 8th Street, SE.   Modification of BZA Order.

Elaine’s One (Pineapple & Pearls), 715 8th Street, SE, new sidewalk café.

Rose’s Luxury, 717 8th Street SE, retractable awning.

Beuchert’s, 623 Pennsylvania Avenue, SE, new sidewalk cafe.

U.S. Capitol Power Plant, 25 E Street, SE, fence over 42” high.

Frager’s Hardware site, 1101 Pennsylvania Avenue, SE, concept/additions and infill: Perseus Realty LLC, Adam Peters, Head of Development

2. ANC 6C Parks and Events Committee meets at 7:00pm, Kaiser-Permanente Capitol Hill Medical Center, 700 Second Street, NE.

Among items on the agenda:

Committee updates concerning new and pending issues.

KIPP DC/Brentwood Hamilton Athletic Field – Discussion with the District Department of Parks and Recreation and KIPP DC concerning the development of the Brentwood Hamilton athletic facilities by KIPP DC.

NoMa Parks – Discussion concerning the Community Conversation 3.0 and other issues involving NoMa Parks.

3. Representatives from Mayor Bowser’s office will lead a community walk and talk in ANC district 6b07 beginning at noon at Harris Teeter at 1350 Potomac Avenue, SE, then to 13^th, K, and 12^th Streets, SE. Representatives from DPW, DCRA, DPR, DDOT, DCHA, MPD and CM Allen’s Office will participate.  ANC6B Commissioner Daniel Chao says this walk is intended to show what the city has done and is doing – and identify what remains to be done to address concerns.  Chao asks those wishing to attend to RSVP, or – for those unable to attend – to send questions, comments or concerns to him at:  daniel6b07@anc6b.org

Wednesday, April 6

1. ANC6B Transportation Committee meets at 7:00pm at Hill Center.

Among items on the agenda:

Update on the Status of the 17th & 19th Streets Pedestrian Safety Project: Mr. Dahir, DDOT 17th Street Project Manager.

Presentation by Washington Gas on “ProjectPipes”.

Presentation by the Amalgamated Transit Union, Local #1764.

2. ANC 6C Planning, Zoning, and Economic Development Committee meets at 7:00pm at the Kaiser Permanente Capitol Hill Medical Center, 700 Second Street, NE.

Agenda not available at press time.

3. Alcohol Beverage Regulation Administration will hold a hearing on ANC6A’s protest of Touché’s  (the former XII H Street Lounge) application for a liquor license renewal. Jay Williams, ANC6A ABC Committee chair will represent the ANC before ABRA.  He will cite multiple complaints about noise from the venue’s roof deck.  According to Williams, the ANC tried and failed to negotiate a new settlement agreement addressing community concerns with Touché , resulting in the decision to protest the renewal.  For the 2014 post with details on why XII had its license suspended and the representations of the club’s new owners go here:  http://bit.ly/1ZXZBvD

The hearing will be at 4:00pm at the Reeves Municipal Center, 2000 14th Street, NW, S400, Washington, DC 20009 Frank D. Reeves Municipal Center

Thursday, April 7

1. ANC6B’s Alcohol Beverage Control Committee will meet at 7:00pm, in Hill Center.

Among items on the agenda are the following:

Southeast Market, 1500 Independence Avenue, SE, change from Retailer B (wine and beer) to Retailer A (wine, beer, and spirits).

Rose’s Luxury, 717 8th Street, SE, renewal of Class C Restaurant license.

Sizzling Express, 600 Pennsylvania Avenue, SE, renewal of Class C Restaurant license

Aatish on the Hill, 609 Pennsylvania Avenue, SE, renewal of Class C Restaurant license.

Acqua Al 2, 212 7th Street, SE, renewal of Class C Restaurant license.

Capitol Hill Club, 300 First Street, SE, renewal of Class C Club license.

Young Chow Asian Restaurant, 312 Pennsylvania Avenue, SE, renewal of Class C Restaurant license.

Hunan Dynasty, 215 Pennsylvania Avenue SE, renewal of Class D Restaurant license.

Good Stuff Eatery, 303 Pennsylvania Avenue SE, renewal of Class D Restaurant license.

We, The Pizza, 305 Pennsylvania Avenue SE, renewal of Class C Restaurant license.

Bearnaise, 313-315 Pennsylvania Avenue SE, renewal of Class C Restaurant license.

Trattoria Alberto, 504 8th Street SE, renewal of Class C Restaurant license.

Café 8, 424 8th Street SE, renewal of Class C Restaurant license.

Nooshi Capitol Hill, 524 8th Street SE, renewal of Class C Restaurant license.

2. The Metropolitan Police Department will host a meeting with the U.S. Attorney for the District of Columbia at 7:00pm at the First Police District, 101 M Street, SW. Members of the United States Attorney’s Office and the First Police District will discuss matters of mutual interest on crime and the criminal justice system including the outcomes of recent arrests and convictions.  Residents will have an opportunity to weigh-in regarding upcoming sentencing dates and issues affecting our community.

3. Police Service Area (PSA) 107, with Lt. Eddie Fowler, meets at 7:00pm, Southeast Library, lower level.

4. Friends of Southeast Library (FOSEL) meet at 5:30pm, Southeast Library, lower level. Anyone interested in joining FOSEL or volunteering to help with the monthly book sales at Southeast Library is urged to attend.

 

First Lady Michelle Obama was one of a group of women who attended a birthday luncheon for an unnamed friend at Radici near Eastern Market Sunday afternoon.

& Pizza Caught Trying to Pull a Fast One on Barracks Row

by Larry Janezich

Capitol Hill residents who welcome & Pizza’s opening on Barracks Row – scheduled for last August – have been wondering at the lack of activity since a “Stop Work Order” was posted on the site last summer.

Michael Niebauer of Washington Business Journal raised some eyebrows on March 17 when he tweeted “some serious issues with the & pizza buildout of its barracks row building. Back before the BZA now.”

As it turns out, & Pizza had proceeded with construction on the site, not only without permits, but in disregard of the restrictions in the BZA order incorporating “best operating practices” reached after months of negotiations with ANC6B and nearby neighbors.  The ANC and neighbors were able to wrest those concessions from & Pizza in exchange for providing & Pizza with a 7 year exemption from the ban on additional fast food outlets on Barracks Row.  In its final form, the agreement was considered by ANC6B to be the gold standard for operating practices for future restaurants opening on Barracks Row, and a desired goal for existing restaurants.  See here:  http://bit.ly/1SpRDWE

The “Stop Work Order” took & Pizza back to the drawing board after neighbors and the ANC took a close look at what & Pizza was up to.  Over the next six months, ANC representatives and concerned neighbors met with CEO Michael Lassiter and & Pizza representatives to reach an agreement which satisfied the spirit of the BZA order and which would allow & Pizza to move forward.

On March 10, & Pizza requested a modification of the BZA order to reflect the new agreement. The request came apologetically:

“And pizza regrets the confusion and miscommunication that resulted in our beginning construction without the requisite permits and not in accordance with the terms of the original order. We have moved past working with those associated with that decision and have paid the fines related to the infraction.”

Calling the modification to the BZA order minor, & Pizza was apparently hoping for a quick administrative review and approval.  BZA scheduled a hearing on the matter, and since & Pizza had failed to notify ANC6B in a timely matter, the hearing was scheduled before ANC6B would have an opportunity to weigh in.

Commissioner Chander Jayaraman, unhappy with the lack of transparency, pushed for an ANC6B review prior to the BZA hearing.  He wanted & Pizza to explain to the ANC and the community why they began construction without permits, and why their construction differed from the BZA order.  At his prompting, ANC6B Chair Kirsten Oldenburg appeared in person before DCRA and pressed for a delay in the hearing date so that the ANC could publically review the process.  Jayaraman followed up with a letter of his own to BZA, which reads in part:

“I want to express my concern and dismay at the lack of transparency with respect to the pizza case. I strongly object to the BZA taking any action on this case before ANC 6B has had an opportunity to opine on the revisions to the BZA order.

We have not been notified of the latest request and have not been consulted nor provided the opportunity to comment on the changes they are seeking to the BZA order. In fact, the applicant has not contacted or met with current ANC commissioners on this case since a stop work order was placed on their establishment for illegally beginning construction without permits and without adhering to the specifics enumerated in the BZA order. I’m certain, however, the changes the applicant is proposing are not minor modifications but rather substantial changes to the existing order [g]iven their actions in violating district regulations and attempting to circumvent the regular process of the ANC.”

The hearing was postponed, and last Thursday night, ANC6B’s Executive Committee placed the case on the agenda for the April meeting scheduled for April 12.  Before that, however, the issue will come up for a preliminary review before ANC6B’s Planning and Zoning Committee which meets at 7:00pm, next Tuesday, April 5, at St. Coletta’s of Greater Washington.

So.  What is actually going on here?

Someone at & Pizza authorized proceeding with illegal construction which flouted the BZA order.  And while DCRA will issue a stop work order if prompted, the fact is, that once illegal commercial construction is complete, DCRA seldom requires that it be torn out.  The usual procedure is for the offender to pay a fine and then conduct business as usual.

Former ANC6B Planning and Zoning Chair, Francis Campbell, who was asked to help negotiate a new agreement, said regarding construction without a permit, “This was a mistake.  There is no excuse for that.”  He gives credit to & Pizza for admitting they were wrong and for working to come into compliance with the intent of the BZA order, even to the extent of agreeing to his suggestion that as a show of good faith they renew their exemption from the Barracks Row fast food ban after five years instead of the seven as stated in the original BZA order.

In support of & Pizza’s claim that the modifications are minor, the BZA’s on line case file shows two word-for-word identical letters of support for & Pizza.  Both letters – one from Pure Barre and one from Metro Mutts – who are the tenants of the building adjacent to & Pizza on the south side, contain the sentence: “I regard the &Pizza request as extremely minor and I commend them for agreeing to the new terms.”  One of Capitol Hill’s major commercial real estate holders – Maurice Kreidler – owns the building housing the two tenants, the & Pizza site, and the adjacent Barracks Row Starbucks.

Adding a layer of irony to the story, Jayaraman says he learned in talking to the Office of Planning (OP) that the agency uses the & Pizza case as a training example illustrating how ANCs can use a BZA order to mitigate the impact of restaurants on nearby neighbors.

Update:  Editor’s Note:  The previous version of this post contained some inaccuracies regarding BZA procedures.  CHC regrets the error.

 

 

Capitol Hill’s Southeast Safeway Slated for Redevelopment

by Larry Janezich

According to sources, Safeway Corporation has invited select developers to submit proposals for redevelopment of the Southeast Safeway at 14^th and D Streets, SE.  The project envisions a mixed use development not unlike the Georgetown Safeway or the Wisconsin Avenue Giant in NW DC.  A source tells CHC that a preferred developer has been selected, but it is uncertain who the developer is, or what they have proposed.

The request for proposals specified that a grocery store will remain on the site, along with additional ground level retail, and residential units on upper floors.  The huge site is zoned commercial C2-A and can be built to a height of 50 feet.  The plan is to develop the site “by-right”, meaning that no zoning changes or Planned Unit Development (PUD) process will be necessary, minimizing public review of the plan.

Ordinarily, there is no opportunity for community review of a “by right” project.  However, in the case of large developments, DC regulations require the Deputy Mayor for Economic Development and the Office of Planning (OP) to manage the overall process under its Large Tract Review (LTR) procedure. According to the OP website, “Reviews are coordinated with other city agencies, the ANC, and the impacted community and must be completed before a developer applies for a building permit. This is NOT a process resulting in an approval or denial by OP or any other entity. Rather, it is an administrative review by multiple District agencies and the affected community to identify issues and provide feedback to the developer prior to filing a building permit application.”  The process provides for at least one community meeting coordinated through the ANC.  The LTR must be completed within 60 days after an application for the review is received, though an extension may be granted.  See here:  http://1.usa.gov/1TisS3f

CHC asked ANC6B Commissioner Nick Burger, who chairs the ANC6b Planning and Zoning Committee to comment on the proposed redevelopment of the site.  Burger said, “There has been speculation for a long time regarding the potential redevelopment of the Safeway site and it’s not surprising if redevelopment is in progress. The site is not being used to the best of its ability.   I’m cautiously optimistic – the site has a lot of potential if it is being redeveloped.”

There are four residential or mixed use projects in the immediate area which, when complete, will add up to 1200 new residents to the neighborhood.  For more on these developments, see here:  http://bit.ly/1Zm9t60  How many more residents the Safeway site redevelopment will accommodate is uncertain.

ANC6B Signs Off on Watkins Alley Development – Approves Community Benefits Package

by Larry Janezich

Last night, at a “Special Call” meeting, ANC6b voted 7-0 to support OPaL LLC’s Planned Unit Development (PUD) application for its residential “Watkins Alley” project near the SE Safeway after negotiating a community benefits and amenities package with developer Sean Ruppert.

The 43 unit project will include a total of 5 two and three bedroom affordable housing units, 4 of which will be available at 50% of Area Median Income (AMI), and one at 80% of AMI.  In addition, the project will include 1 one-level, universal design senior housing unit at the market rate.

In addition, the developer agreed to provide:

Tree boxes on the south side of E Street and the east side of 13th Street;

Alley resurfacing west of and adjacent to the property;

Security cameras, mirrors, and lighting;

Snow removal from adjacent alleys;

And a contribution to improvements at Potomac Avenue Metro Station.

The project will be built to the new Leeds Silver Standard.

Two new benefits which the developer agreed to were a $10,000 improvement to the D Street portion of the fence around Potomac Gardens (done at the request of the residents of Potomac Gardens) and support of the community “Safe Routes” programs which is organizing to improve safety around metro stations in ANC6B.  The total value of the benefits and amenities package was estimated by the developer’s architect to be around $250,000.

It seemed to be the consensus of the ANC to address concerns raised by nearby neighbors regarding traffic impact and traffic safety issues around the project by working with DDOT to slow traffic and possibly create pedestrian lanes in the alleys around the project.  Neighbors suggestion that relocating the garage to where it could be entered from the street was deemed impractical by both the developer and the ANC.