ANC3D minutes – July 11, 2007 meeting

The regularly scheduled monthly meeting of ANC3D was called to order by chair Rachel Thompson.  Commissioners present: Gates, Heuer, Haas, Thompson, Sandza and Wells.

Commissioner Smith was absent with notice.

A brief police report was given by Officer Tony McElwee. Officer McElwee was chosen as policeman of the year for PSA 205.

Community Concerns:

Jeff Jennings of D DOT gave a brief traffic report. A trial left hand turn signal has been installed at Arizona and MacArthur. Some time ago, Chain Bridge Road residents have requested speed bumps be installed.  Traffic calming measures – three speed humps have been installed on Macomb Street.  A fourth hump in the block between MacArthur and Klingle needs to be installed.  Mr. Jennings can be reached at Jeffrey.Jennings@dc.gov.

Applications:

1.  Marine Corps Marathon requested a one time course change to use one side only of Canal, Foxhall and MacArthur in a loop that will also include Reservoir and back on Canal.  Automobiles of residents living within the loop will be closed in until the conclusion of the race, unless they move their cars prior to the race. There will be 22,000 runners covering this Palisades portion of the route from approximately 8 a.m. to 10:45 a.m.  The race route will be cleaned up by the Marines and contract help.  The Commissioners urged the Marines to publicize the partial street closings as widely as possible.  Commissioner Thompson moved to support the race passing through Palisades. Commissioner Gates seconded the motion and it passed 6-0-0.

2.  At the request of ANC 3D, representatives from the Washington Metro Area Transit Authority appeared to be questioned about two accidents in which busses hit the same bus shelter at the corner of MacArthur Blvd. and Cathedral Avenue in separate incidents in October 2006 and May 2007.  Both involved the busses' mirrors hitting the shelters and collapsing them.  In both incidents, individuals waiting in the shelters were injured.  WMATA representatives pledged that the shelter would not be built a third time in the same location.

3.  Liquor License Application for Kemble Park Tavern – owner/chef – Jim Foss.

In former Starland location.  Scheduled for opening in September 2007. Seating: 135

The Commission attempted to forge a Voluntary Agreement with James Foss, Managing Member of 5125 MacArthur that will be known as Kemble Park Tavern.  Discussion, following  Mr Foss’ description of  the restaurant, bar and high top seating and a communal table where  groups of patrons might “sit and enjoy a drink,” centered on whether or not the new establishment would be a “tavern” or a “restaurant”  Mr. Foss presented his menu plans but was unwilling to agree to Condition #1 of the proposed Voluntary Agreement citing that some folks want to stop by after work only for a drink and he was unwilling to attach a “food” requirement to the sale of alcohol.

The Commission agreed to remove the provision limiting the sale of liquor, wine and beer to persons in the restaurant for the purpose of bona fide food service; and, to place a three year time limit on the Voluntary Agreement.  The license will come up for renewal in three years at which time an evaluation of the Voluntary Agreement’s effectiveness will be made.

Upon the motion of Commissioner Gates, seconded by Commissioner Thompson, the Commission voted 6-0-0 to grant Class CR License No. 76387 to Kemble Park Tavern.

4.  The Boathouse –– Application for renewal of liquor license.  The Boathouse does not have a recorded Voluntary Agreement like every other enterprise with a liquor license in the neighborhood has, and the owner did not appear.  Therefore, Commissioner Thompson moved to protest the license renewal as a matter of record, and Commissioner Sandza seconded the Motion.  The Motion passed unanimously and Commissioner Gates was appointed to testify at the ABC hearing on the matter.

5.  Chen’s Restaurant – Application to operate as a fast food restaurant in a C-1 zone district.   Commissioner Gates explained that when Su Chen applied to change the ownership of the restaurant from a single proprietorship to a corporation, DCRA required her to file for a fast food restaurant permit because a fast food restaurant is not allowed in a C-1 zone district as a matter of right.  She noted Chen’s has been a good neighbor and the premises are well maintained and tidy.  Commissioner Gates moved to accept, Commissioner Sandza seconded, and the motion passed 6-0-0. Commissioner Gates will testify, Commissioner Thompson moved that Commissioner Gates will testify. Commissioner Sandza seconded and the appointment was passed unanimously.

6.       4840 Dexter Street – Attorney Kinley Dumas appeared on behalf of The Dexter Street Trust, a group of neighbors appealing the issuance of a building permit on the subject property, to request the Commission's support of the Trust's appeal.  The permit is being challenged on the grounds that:

     a. Building is too tall for WHOD, qualifies as a four story building.

b. Garage not located where it should be – side yard – garage is 3 feet rather than 8 feet away and therefore in the required side yard

c. Proposed construction threatens many trees on the subject and surrounding properties.

Commissioner Thompson moved to support the appeal, and Commissioner Sandza seconded the motion. Vote 6-0-0.  Commissioner Sandza will testify, and Commissioners Gates and Thompson will be back ups.

7.  Commissioner Gates moved to adopt a resolution commending Bill Crews and urging the Mayor to hire someone with equal integrity and expertise or to reinstate him to the position of Zoning Administrator.  The motion was seconded by Commissioner Sandza and the motion carried 6-0-0.

Minutes from June meeting passed as amended 6-0-0.

Treasurer’s report – there is currently a balance of $25,040.63 in the Bank of America checking account. Commissioner Ann Heuer moved approval of the Treasurer's quarterly and Annual Reports.  Commissioner Thompson seconded the motion and it passed 6-0-0.

There will be no meeting in August.  The next meeting will be September 5, 2007.

Respectfully Submitted,

Elizabeth (Betsy) Sandza

Secretary