CAPITOL HILL CORNER

H street Country Club Wants to Extend Roof Deck Hours To 2:30 AM on Friday and Saturday

Would XII’s Sky Bar – Already the Focus of Noise Complaints – Be Far Behind?

Committee Approves Restaurant Liquor License for Chupacabra

H Street Restaurateurs Push ANC for Late Hour Rooftop Decks/More Public Space Flexibility

Joe Englert Says Current Restrictions Are “Unfair”

by Larry Janezich

Tuesday night, ANC6a’s Alcohol Beverage Control Committee, chaired by Commissioner Jay Williams, heard appeals from H restaurateurs Joe Englert and others to allow later operating hours on rooftop decks and in public space.  Currently, the ANC policy limits hours to 11 pm on weekdays and 12 am on weekends on H Street, NE, rooftop decks, patios and sidewalk cafes.

Englert, who owns food and drink establishments across the city and who was one of the early founders of restaurants on H Street, is asking the ANC to allow him to operate roof decks at H Street Country Club, 1335 H Street, NE; Vendetta, 1220  H Street, NE; and the Rock & Roll Hotel, 1353 H Street, NE, until 12 am on Thursday and 2:30am on Friday and Saturday.

Englert’s requests were supported by other H Street restaurateurs including Phil Peters of Smith Commons at 1245 H Street, NE, and Sarosh Hussain of Cusbah at 12th and H.  Cusbah, is currently the only restaurant on H Street operating on its patio/sidewalk café until 3 am – allowed by a previous license agreement which is now up for renewal.  The ANC is protesting renewal of Cusbah’s liquor license to bring Cusbah into line with its policy governing other H Street patios.

Englert’s justification for his request to extend operating hours for his rooftop decks is that “other establishments operate later” – both on H Street and elsewhere in the city – and earlier hours for H Street is not only “unfair,” but puts his places at a competitive disadvantage.

Jason Martin, owner of Sticky Rice, Dangerously Delicious Pies, as well as a piece of the Rock & Roll Hotel, is requesting a new tavern license for his Tacqueria Chupacabra at 822 H Street, NE (which actually is well down the north side of 9th Street adjacent to a residential area).  The taco place which seats six inside, wants to serve beer and frozen margaritas both at the six stools inside and at the picnic tables seating to up to 60 patrons in the large public space outside the restaurant.  His request is being supported by the other restaurateurs.  The former taco food truck operation which morphed into the brick and mortar carryout sells food so cheaply – according to Martin ($3 tacos) – that its survival without a liquor license is questionable.  And, he claims, since it would be hard for him to meet the 40% of revenue from food sales required by a restaurant license, he wants a tavern permit which has no percentage requirement.

In general, the restaurateurs made the case that they must have greater flexibility to compete or survive, and if the ANC doesn’t work with them to prevent the situation from getting “out of control like Adams Morgan and U Street,” and if the ANC continues to “nitpick everything” the city’s desire for development and revenue will provide a win for the business operators in the end.  They warn that with the coming of the trolley cars and new venues like Ben’s Chili Bowl – scheduled to open early next year at 10^th and H Streets, NE, the businesses, community, and ANC need to work together to address potential problems now or face a bigger issue a few years from now.

Commissioner Williams’ response was that the ANC has a standard Settlement Agreement on its website, and business operators know what they are getting into when they open up on H Street, saying that uniformity of standards provides for predictability.  He noted that it is generally the policy of the ANC to discourage tavern licenses in favor of the more restrictive restaurant licenses to reassure neighbors and to insure that some food is being served.

Residents who attended expressed concerns about the impact of granting greater operating flexibility to the business owners.  Chupacabra adjoins residences and has little support from those residents for late night drinking in public space according to one representative of those neighbors.  Another neighbor representative expressed concern about noise issues associated with operating late night rooftop decks and with patrons filtering through the neighborhoods in the early morning hours.

In the end, the ANC Committee voted to recommend a restaurant liquor license for Chupacabra, William’s announced that the discussion of the request for expanded hours for rooftop decks would carry over to the September when a broader conversation with more participants can occur. The owner of Cusbah stated that he was willing to compromise on his request for late hour operation of his patio and would seek a further meeting with Commissioners.  Separately, the Committee voted to protest a request from Sarah at 1200 H Street to add an entertainment endorsement/dancing and cover charge to its license.  These recommendations will go to the full ANC at its September 12 meeting at 7 pm at the Sherwood Recreation Center, 10^th and G.

The Week Ahead…..Fund Raiser for SE Library at Chipotle – H Street Liquor License Issues

by Larry Janezich

Tuesday, August 20

Chipotle partners with DC Public Library Foundation to raise funds for South East Library.  Chipotle has offered to host in-store fundraisers at most of its D.C. locations from 5 – 8 PM and will donate 50 percent of the proceeds from that evening’s sales to the DC Public Library Foundation, designated for the neighborhood library nearest the Chipotle restaurant.  Below is the flyer which will need to be presented in order for the proceeds to go to Southeast Library.

Chipotle – Southeast Full-Size (1)

BTW – this is an original Carnegie Library – their website is  http://www.dclibrary.org/southeast – check it out for the latest on programs for children.

Tuesday, August 20

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

Among items on the agenda:

Update on Cusbah, 1128 H Street, NE , protest hearing

Request by Sahra, 1200 H Street, NE, to add an entertainment endorsement/dancing and cover charge to license.  (Some neighbors have concerns regarding noise.)

New license for Chupacabra, 822 H Street, NE, and request for stipulated license

And…three of H Street developer Joe Englert’s restaraunts are asking to extend their rooftop deck hours beyond 11:00pm on weeknights and midnight on weekends:   H street Country Club at1335 H Street, NE; Vendetta at 1220-1212 H Street, NE; and rock and Roll Hotel at 1353 H Street, NE.  (Could be an issue for nearby neighbors.)

Wednesday, August 21

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

Among items on the agenda:

A report on vacant properties (DCRA is moving to inspect and cite vacant house owners in neighboring ANC6B)

H Street Business Liaison Report

Three cases which appear to be routine regarding zoning relief, variances, and historical preservation issues.

FRANKS PLACE

Frank Setting Up

Hats, T-Shirts, Sunglasses

Making a Sale

“Another Level – The Village is Talkin” features the drumming of Frank Lloyd. $15 at Franks Place

Frank Lloyd, Vendor and Percussionist

Franks Place

One of the First Capitol Hill Neighborhood Vendors

by Larry Janezich

Frank Lloyd has stationed his business on the corner of 7th and Pennsylvania Avenue, SE, since 1984, selling sunglasses, hats, t-shirts and other merchandise to passersby.  “I first set up on Metro Plaza,” he says, but “they moved me over here.”  “Over here” is the sidewalk next to CVS where he sets up five or six days a week.  He says his best-selling items are sunglasses and t-shirts. 

Lloyd took over the business from his older brother, who moved on to a career in real estate in Raleigh, North Carolina.  Lloyd recalls the early eighties, when there were not many vendors or wholesalers in DC and he had to drive to New York for merchandise every couple of weeks.  “The 80s and 90s,” he says, “were the good old days because of the economy – money was flowing a lot better.”  Lloyd was born in DC and grew up in Barry Farm in Anacostia – a neighborhood named for its origins as part of the farm owned by James Barry in the mid-19th century. 

While vending is Lloyd’s livelihood, drumming is his passion.  Asked to account for his interest in the drums, he recalls the local groups that played in Anacostia Park in the 70s.  Walking back from one of these events, “I saw a guy playing three congas and that inspired me.”  At first self-taught, Lloyd later trained with the Andrew Cacho African Drummers and Dancers, a group founded in the early 70s which taught African Dance and Drumming to youths at Friendship House and later at a location on 8^th Street.  After that, Lloyd was mentored by Baba Ngoma – “Father Drum” – a legendary drum master. 

Though he plays professionally only rarely, he has sat in with local jazz artist Wayne Davis.  Lloyd sells a CD at his stand which features his work on conga, bongo, and djembe drums.  Titled, “Another Level. The Village is Talkin,’” the CD is the result of collaboration among local jazz artists Izyez, Aaron J., Lawrence Williams, and Denyse Pearson AKA Lighthouse.  The music featured on the CD is accessible and carefully considered.  The artists use drums, spoken word, vocals, and instrumentals to explore themes of black community, self-sufficiency, spirituality, pride and, most prominently, the importance of history.  “The Village is Talkin’” is priced at $15. 

Former Restaurant at 12th and PA Avenue to reopen as Fragers’ Paint Stor

Workers Are Clearing the Space to Set Up (Paint) Shop

Frager’s Leases Former Restaurant for Paint Outlet – Hopes to Open in Weeks

by Larry Janezich

The former il Capo de Capitol Hill (and before that, Mi Vecindad) has been leased by Fragers’ to temporarily house their paint store – reportedly, the most profitable of the hardware store’s diverse operations.  The building, at 12th and Pennsylvania Avenue, SE, anchors the east end of the block where the original Frager’s store is.  On Wednesday, workmen were clearing the site in anticipation of stocking and opening – possibly in as few as three weeks.

Attorney’s Letter to DMPED on Lack of Hine Transparency Posted

by Larry Janezich

Attorney Oliver Hall’s letter protesting the lack of transparency on the Hine transfer and formally filing a FOIA for the Hine Land Disposition and Development Agreement (LDDA) is now posted in the Library at the top of this page.

The 18th Amendment

18th Amendment Bought Out by Owners of Bar 201/Union Pub

by Larry Janezich

The partnership which owns Bar 201/Union Pub at 201 Massachusetts Avenue, NE are the new owners of the former 18th Amendment at 613 Pennsylvania Avenue, SE.  The 18th Amendment, which has operated as a bar and restaurant for more than seven years, closed last Saturday.  Brad Ingwell, the operating partner at Bar 201 said that he had no comment on future plans for the venue that will replace the 18th Amendment, but hoped that the new place could open this year.

Hine Update:  Attorney Oliver Hall Files FOIA for Details of Hine Disposition

EastBanc Applies for Raze Permit from Historic Preservation Office

by Larry Janezich

Oliver Hall, the attorney for the group of Capitol Hill residents who are appealing the decision of the Zoning Commission on the Hine development, last week filed a FOIA with the office of the Deputy Mayor for Planning and Economic Development (DMPED) to determine the final details concerning the transfer of the Hine site to developers Stanton-EastBanc (SEB).  A copy of the letter – which takes DMPED to task for its lack of transparency on the transfer of the property to the developer – will be posted on Capitol Hill Corner later this week.    

The details of the deal are specified in the Land Disposition and Development Agreement (LDDA), which among other things reveals the degree to which district taxpayers are subsidizing the Hine project.  The subsidy comes in the form of a discounted price for the prime building site compared to the actual market value of the site. 

The draft version of the LDDA dated June 10, 2010, shows a substantial subsidy for the developers – the difference between the LDDA value of the property at $50 a square foot and the market value of close to $300 a square foot.  It is unclear what changes – if any – were made in the final version of the LDDA, which has not been made public.  Capitol Hill Corner asked DMPED Hine Project Manager Corey Lee if the final LDDA and the conveyance agreement signed on July 12 are public, and if not, when they would be.  Mr. Lee did not respond to the email requests.

A recent five part WAMU/NPR investigative series on the relationship between campaign contributions by private developers and the awarding of taxpayer-subsidized DC real estate deals states that the SEB team contributed $194,045 to DC political campaigns and subsequently was granted the $44.7 million Hine site for $21.8 million – an apparent $22.9 million subsidy.  The figures are from the second part of the WAMU series titled “Deals for Developers” and can be found here:  http://apps.npr.org/deals-for-developers-wamu/

The signing of the lease for the main parcel and sale of the affordable housing portion of the Hine site, officials say, will allow the developer to move forward with the project.  Since, financing for the mixed use project will likely be delayed until the resolution of the appeal of the Zoning Commission’s decision to the District Court of Appeals, transfer of the property will allow the developer to proceed with the asbestos abatement part of the demolition process.  That abatement was originally scheduled to begin in early July.  It is unclear whether actual demolition will begin before the court appeal is decided.  A court hearing on the appeal has been scheduled for mid-September. 

On July 25, the Historic Preservation Office/Office of Planning released the HPO Raze Report with copies of recently filed Raze Permit Applications.  The report reveals that on July 1, 2013, Matthew Harris, who lists his email address and address of the company filing the request as EastBanc’s, filed a Raze Permit Application for 335 8th Street, SE, the Hine site.  Raze permit applications recently submitted to the Historic Preservation Office for administrative clearances are filed on the HPO website at the following abbreviated URL: http://tinyurl.com/3erfa7y

 under “Related Documents”.  HPO provides this general public announcement because of the frequent neighborhood interest in raze applications.