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June 10, 2003
Jennifer Steingasser, AICP
Manager, Development Review
DC Office of Planning
Tree and Slope Overlay
801 N. Capitol Street NE #4000
Washington DC 20002
Re: Case # 02-19
Dear Ms. Steingasser:
Advisory Neighborhood Commission 3D held its regularly scheduled monthly meeting
on June 4, 2003. A quorum (4) was present at all times. The Commissioners
reviewed the letter sent to you on May 11th by Chair John Finney, they then
amended the letter and approved the amended letter 7-0-0. The amended letter
follows;
On point one in your letter, we do not recall any requests coming before our ANC
for a special exception from the restrictions of the overlay.
On point two, we think it fair to say that the homeowners in the overlay area
have considerable concern about strict observance and enforcement of the overlay
restrictions by the zoning office in DCRA in granting permits.
There was one egregious case of the zoning office giving a permit for cutting
down trees on an undeveloped plot on Arizona Avenue in contradiction of the
conditions of the overlay. That case remains unresolved to this day under the
Draconian terms of the TSO that the land must lay fallow for seven years. The
result is an eyesore on one of the major streets of the Palisades. Another
controversial case has arisen recently with a developer cutting down a tree in a
plot being developed on Chain Bridge Road. Whether the developer had a valid
permit for cutting down the tree is a matter of dispute between the developer
and some residents of the overlay area.
On point three, we do not know of any cases where homeowners in the TSO have had
difficulty in obtaining a building permit, but then we do not believe there have
been many such requests from homeowners. It is our impression that the
difficulty has been mostly with developers seeking to build new structures
within the overlay. It would be helpful, for example, if overlays were
clearly marked on maps maintained by the Office of Zoning and if lot numbers
covered by a TSO were included in real property base maintained by DCRA.
On point four, enforcement of the TSO has been a major problem in the opinion
of some residents of the TSO. I think it fair to say that in some cases there
has been ignorance (or sloppiness) on the part of permit officers in DCRA about
the existence and terms of the TSO. When it comes to enforcement of TSO's or
other zoning matters, the Zoning Office in DCRA, is bordering on entropy.
At the same time, we have the impression that some who live in the area are
invoking strict terms of the TSO to harass developers and builders seeking to
build in the TSO. Some of this friction could be reduced if the permit officers
in the zoning office in DCRA were fully briefed on the existence and terms of
the TSO.
As a general observation we would recommend the cautious policy in approving
tree and slope overlays. While their stated purpose in section 15.113 of the
Zoning Code is to protect the topography and trees in a hilly area we have the
impression that in some cases they are sought or invoked to protect the
exclusivity of a neighborhood against development – sort of a gated community
without the gates.
Your request, and that of Chairman Mitten, for the views of the ANC are much
appreciated.
Sincerely yours,
John W. Finney
Chair, ANC3D
CC: Mayor Anthony Williams
Councilmember Kathy Patterson
Councilmember Phil Mendelson
Councilmember David Catania
DCRA
Office of Zoning |
