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The
regularly scheduled monthly meeting of ANC3D was called to order at 7:30
by Chairman John W. Finney. Commissioners present: Heuer, Gates,
Shapley, Mullane and Polk. Commissioner Hamilton was absent.
Police report: There were 25 crimes committed in PSA 203
during the last month. There has been an increase in burglaries. Again,
Officer Ellis reminded everyone to make sure their homes and cars are
locked and valuables are out of sight. Burglars took advantage of the
power outages during Hurricane Isabel, knowing that alarms were not
working. One of the officers from PSA203 was seriously injured while
directing traffic during hurricane Isabel aftermath, he is recovering.
Community Concerns: Rev. Kate Epperley, Pastor of the
Palisades Community Church, invited everyone to attend the 80th
anniversary of the church on Oct. 14th\
ABRA#9841 - Alex Momchilovich, owner, came before the Commission
requesting that his liquor license be upgraded to Class C in order to
keep his restaurant in competition with other eating establishments on
MacArthur Boulevard. Mr. Momchilovich stated that his family had owned
this restaurant for more than 25 years, and that it had primarily been a
deli/sandwich carry-out shop but to continue, he had to upgrade to a
full service restaurant which would serve liquor. Many neighbors and
patrons came forward on Momchilovich’s behalf.
After much discussion the Commissioners voted 6-0-0 to support the
issuance of a “C” license subject to a restriction on the hours it
would be permitted to serve alcoholic beverages. The permissible hours
would be from 11 a.m. to 11 p.m. on Sunday through Thursday and from
11a.m. until midnight on Friday and Saturday evenings. The restrictions
reflected a view within the commission that while it favored the
introduction of new restaurants on MacArthur Boulevard, it was fearful
that the authorization of establishments serving liquor into the early
morning hours would begin to change the quiet, residential nature of the
Palisades neighborhood.
The restricted hours of service was agreed to in a “voluntary
agreement,” signed by the owner of the Ilija’s Restaurant and the chair
of ANC3D. In addition to the hours specified above, the agreement
specifies that in the event Ilija’s sells the liquor license, the
restrictions on the hours of service of alcohol “shall travel with the
license and apply to the new owner until such time as the new owner may
apply for and be granted a new license subject to prior review by
ANC3D.”(Attachment A)
ABRA # 50251 – Kotobuki Restaurant 4822 MacArthur Boulevard
– Mr. Hisao Abe (owner) and Mr. Keng Shimiju came before the Commission
requesting a Class C liquor license.
After hearing from the owners, the Commissioners voted to support the
issuance of a license to Kotobuki, subject to a restriction on the
hours it would be permitted to serve alcoholic beverages. The
permissible hours would be from 11a to 11p.m. on Sunday through Thursday
and from 11a.m. until midnight on Friday and Saturday evenings. The
restrictions reflected a view within the commission that while it
favored the introduction of new restaurants on MacArthur Boulevard, it
was fearful that the authorization of establishments serving liquor into
the early morning hours would begin to change the quiet, residential
nature of the Palisades neighborhood.
The restricted hours of service are part of a “voluntary agreement,”
signed by the owner of the Kotobuki Restaurant and the chair of ANC3D.
(Attachment B)
Consideration of three unzoned parking spaces on Dana Place.
On behalf of several places of business on MacArthur Boulevard
(Listrani’s, Hair Zone et al.) Commissioner Gates presented a request
that three unzoned parking spaces on the northeast corner of the 5300
block of Dana Place, NW be replaced by 2 hour Residential Permit
Parking to be consistent with the rest of the block.
The three unzoned parking spaces were once the loading zone for
Listrani's Restaurant. In 1994 the ANC, with the support of Richard
Listrani, requested that "the loading zone be replaced by an unzoned
public parking space contiguous to the other unzoned public parking
spaces in the 5300 block of Dana Place, NW." At some later date Dana
Place was zoned for 2 hour Residential Permit Parking (RPP) but the
three spaces in question are without the proper RPP designation
existing on the remainder of the entire 5300 block of Dana Place, NW.
The three spaces adjoin the home/office of Mr. and Mrs. Jaf Ford.
Mr. Ford informed the Commission that he needs these unzoned spaces for
his tenant from New Jersey and his employee from Maryland as well as
clients or contractors who may be at his place of business.
Advisory Neighborhood Commission 3D, after weighing the presentation by
the single-member district commissioner for ANC 3D-05 and Mr. Jaf Ford
voted 6-0-0 to support a motion that the three unzoned parking spaces be
brought into compliance with the remainder of the RPP zoned parking
spaces on Dana Place and designated with 2 hour RPP signs as soon as
possible. A letter to this effect will be written to Mr. Larry Brown at
the Department of Traffic Management. (Attachment C).
BZA # 17054 - 3101 Chain Bridge Road NW. – Neighbors
on Chain Bridge Road are appealing this permit because of a number of
violations they see in the issuance of this permit and the subsequent
construction by the builder.
Mr. Henry Sailor of 3111 Chain Bridge Road represented the neighbors and
told the Commissioners that the builder, Brian Logan had grossly
violated the zoning rules with this development. He said a house had
been torn down and in its place a large home and possibly illegal
structures were being built. What is supposed to be a garage, he said,
is indeed a two story pool house which will overlook a huge pool being
built behind the house that is being constructed. After hearing from
several neighbors, the Commissioners felt that in the absence of
testimony from the builder,, who had been invited three times to appear,
they could not state total support for the neighbors. However, the
Commission voted 6-0-0 to send the following resolution to the BZA
RESOLUTION
"The Commission finds that the residents of Chain Bridge Road made a
persuasive, convincing case that either the zoning code and/or the Chain
Bridge Road/University Terrace Overlay have been violated in several
regards by DCRA's Zoning Administrator in issuing the building permit
and by the builder during construction. The commission urges, therefore,
that BZA give serious, favorable consideration to the complaints filed
by a group of Chain Bridge Roads residents. Should BZA agree that there
have been violations of the zoning code or the overlay plan, the
commission urges a severe reprimand of the office of zoning
administrator in DCRA and punitive action against the builder." The
commission urges that this adopted resolution be given "great weight"
by the BZA, as specified in D.C. law. (Attachment D)
BZA 17040 – 4417 Garfield Street – Request to Consider variance
on the height of a garage that was built two years ago. Mr. William
Miller , the owner of the home, and Ms. Gladys Hicks, who was acting
Zoning Administrator when the permit for the garage was approved and
who is now a private consultant, with Mr. Miller as a client , appeared
before the Commission. Mr. Miller said his architect had not told him
of the violation which exceeds the 15’ height permitted by the zoning
code by 18 inches. The roof is pitched and doesn’t block any neighbors
views, he said.
This property has had a history of neighbors charging zoning violations
and exceeding the Wesley Heights Overlay.
After much discussion and hearing from neighbors as well as Mr. Miller
and Mrs. Hicks, the Commissioners found that since the structure existed
and since the excess over the permitted roof height was relatively
inconsequential, it would be
best to bring an end to the tangled controversy and approve the
requested
variance. The vote was 5-0-0 to approve this variance.
Additionally, the Commission decided to take this opportunity to inform
the BZA that this case is another example of the disturbingly frequent
lack of observance and enforcement of the zoning code by the zoning
administrator's office in DCRA. The commission voted 4-1-0 in favor of
this statement. Commissioner Mullane dissenting. (Attachment E)
Commission Business
The minutes from the September meeting were approved but more details
will be circulated for further approval.
The treasurer’s report was given. There is a balance of $14,534.43 in
the Bank of America checking account. The budget that was approved at
the September meeting is now in effect. A check was given to Bob
Andrews in the amount of $500 for his services as webmaster for the year
beginning October 1st. We are due to receive an allotment this month.
The next meeting will be November 5, 2003
Respectfully submitted
Sarah S. Shapley
Secretary
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