Meeting Minutes
November 6, 2024, 7:30 pm
The meeting convened via Zoom at 7:34 PM with Commissioners Bender, Cohen, Denny, Ghosh, Hall and Quinn in attendance. Commissioners Carney and Gianinno, joined later.
Announcements / Open Forum– opportunity for members of the community to raise issues of concern or importance to the 3E neighborhood
Leigh Catherine Miles, Chief of Staff for Councilmember Matt Frumin, stated Frumin would be holding two round tables, one on November 13 regarding athletic field access, and the other on December 4 regarding DC DPR collaboration with the National Park Service. Miles also stated that there will be hearing on November 21 on the Universal Out of School Time Act and that leaf collection season has begun. If anyone has any questions or concerns, they can contact their constituent services team at fruminoffice@dccouncil.gov or 202-724-8062.
Owen Cox introduced himself as the Ward 3 Mayor’s Office of Community Relations (MOCR). Mr. Cox can be reached at William.cox@dc.gov.
Presentation by 2nd District Police
Lt Sharmika Gatewood introduced herself to the community. In the last 30 days, there was one robbery in which a firearm was brandished, those suspects are suspected in multiple robberies that night and are still at large. There were also several catalytic converters stolen from vehicles this morning. MPD plans to have a scooter enforcement group in PSA 202 in the next week.
Noah Getz with TMS thanked them for increased presence by the CVS in Tenleytown. He noted that both Seoul Spice and Roaming Rooster were broken into recently and asked for additional information about those burglaries.
Commissioners asked if the catalytic converters stolen were all the same make of car. Lt. Gatewood didn’t know but will look into it.
Discussion of and possible vote on resolution regarding application for special exception from rear addition requirements of the Zoning Code to build a third story with roof deck and three-story addition to an existing semi-detached house at 4426 Harrison Street, NW
Patrick Daley the architect representing the owners stated that they would like to add a 3rd floor and rear addition to their home. They are proposing to extend their home 16 feet past the attached neighbor and 4 feet past the detached neighbor’s house. Daley stated that neither neighbor had objections. Commissioner Bender said that the property will lose some permeable space, and owners have agreed to install a rain barrel or rain garden.
Attendees and Commissioners had no questions.
Commissioner Bender moved, and Commissioner Denny seconded a motion to approve the draft resolution in support of the special exception for 4426 Harrison Street. The motion was approved by a vote of 8-0-0.
Discussion of and possible vote on resolution regarding application for special exception from rear yard and lot occupancy requirements to build a rear deck addition on an existing semi-detached house at 3730 Windom Place, NW
Michelle Vassallo, the architect representing the owner, presented a summary of the plans. The owners would like to increase the size of their deck. The project would need relief from the rear yard setbacks and lot coverage limits. The limit on lot coverage is 40%. This home currently occupies 44% of the property and this project would increase the occupancy to 49%. This deck would go 10 feet beyond the neighbor’s screen porch that is currently under construction. The owners have moved the stairs down to the ground to add some separation between the two homes. They have shadow studies that show the only shadows that will be created from this project will be from the picket railings onto the lattice below their neighbor’s deck.
Attendees:
The immediate/attached neighbor stated that the property already has a large two-story addition that extends beyond the any of the other neighbors. She stated the deck runs along the property line and is worried the back deck would provide a line of sight into their home and has not seen changes that have been made to address her concerns other than the addition of a privacy screen.
Commissioners:
- Asked why the neighbors didn’t need a special exception. This project will go into rear setback.
- Asked about their plans to update the driveway. They will replace the current concreate driveway with two brick driving strips with plantings in-between. This will increase the permeable space.
- Asked if this lot is non-conforming. Yes, it is currently non-confirming.
- Noted that the applicants asked for this to have an expedited decision. Since the neighbors are objecting, this will be removed from the expedited docket and moved to a hearing. The ANC will get notice and can re-opine.
- Offered a friendly amendment reserving the right to re-opine for the hearing.
- Stated that they live in a row house and understand that a deck helps provide useable space. While this duplex already has a significant addition, they are inclined to support the application because of the green remediation but would like to see them come to an agreement on the privacy screen.
- Asked the neighbor what differences there were between what they heard about the plans and what was actually in the application. There was a change to the siding and she was unsure if there were any other changes.
- Suggested the neighbor look at screening materials they like and offer suggestions to the applicant
Commissioner Denny moved, and Commissioner Bender seconded a motion to approve the draft resolution in support of the special exception for 3730 Windom Place as amended. The motion was approved by a vote of 8-0-0.
Discussion of and possible vote on resolution regarding application for special exception from access requirements, and accessory building rear and side yard requirements, to build a side addition and new detached two-story garage with accessory dwelling unit to an existing detached house at 3800 Harrison Street, NW
Marty Sullivan, representing the owners stated that they would like to build an ADU on their property and need relief from the distance between the accessory building and the house and to allow the accessory building to be built in the side yard rather than the rear yard. They have a letter of support from their neighbor behind them. The neighbor to the south is not opposed but would like a different screening option. Commissioner Quinn stated that there is a 3rd neighbor that hasn’t weighed in.
Attendees had no comments or questions.
Commissioners noted that they are increasing their pervious surface but will be losing some nonmature trees and have agreed to add a rain barrel.
Commissioner Quinn moved, and Commissioner Bender seconded a motion to approve the draft resolution in support of the special exception for 3800 Harrison Street. The motion was approved by a vote of 8-0-0.
Discussion of and possible vote on resolution on Notice of Intent from DDOT to remove a crosswalk and associated ADA ramps from the north leg of the 42nd Street and Brandywine Street intersection
Commissioner Quinn stated that he and Commissioner Cohen had a call with DDOT about removing the crosswalk at the north side of Brandywine across 42nd Street. Quinn and Cohen stated that they didn’t think that removing the cross walk would solve any problems. DDOT will be issuing an updated NOI and we will take this issue up in December.
Discussion of and possible vote on resolution regarding Wesley Theological Seminary application to amend the Zoning Code to permit Landmark Properties REIT to build a 9-story student apartment building on Wesley’s campus primarily for American University Students and to modify Inclusionary Zoning requirements for the project
Representatives for Wesley were not available on the call when this issue was taken up as they were on a separate Zoom call with ANC3D. Wesley representatives were able to join after the resolution was summarized.
Wesley is partnering with Landmark to construct a 9-story student housing building that would house both Wesley and AU students. AU has not been involved with the project. The project was initially rejected because Wesley sought institutional zoning for a commercial building. Wesley was advised to seek a PUD which would require Wesley and Landmark to provide affordable housing as part of their project but the affordable housing requirements could not easily be applied to a dormitory and the PUD could not cure the problem arising from the prohibition on commercial buildings using institutional zoning Wesley is now seeking a text amendment to change the law to allow for this commercial use and offsite affordable housing. Commissioner Bender explained that ANC3E’s position is that we would support this but Wesley and Landmark need to provide a comparable amount of IZ as if this was any other commercial project.
David McAllister-Wilson, head of school thanked Commissioner Bender for working with them.
Attendees:
- Stated that this was a well written resolution and doesn’t believe this project is allowed by law noting that their revised plan does not provide a firm plan for affordable housing.
- Laura Marks from AU stated the two institutions have had some conversations and AU plans to continue being good neighbors with Wesley.
- Elizabeth Vaden stated that the Washington Interfaith Network would like to see the IZ that is required by law and hopefully more.
Commissioners stated that sticking point is the amount of money that will be commensurate to the onsite inclusionary zoning and that some of the proposals are not apples to apples. Bender added that the text amendment must address all the issues and concerns that the ANC has so we can go forward.
Commissioner Bender moved, and Commissioner Denny seconded a motion to approve the draft resolution in. The motion was approved by a vote of 7-0-0. Commissioner Carney was not on the call to vote.
Presentation from National Park Service representatives regarding status of rehabilitation of Chesapeake House by UIP as an amenity negotiated by the ANC as part of UIP’s PUD for its project at 4620 Wisconsin Ave, NW
Brian Joyner, Kym Elder and Nick Bartolomeo talked about the progress on the building and the proposed programming. They stated they are close to finishing the rehabilitation (about 90% complete) of the structure, but the developer is also resolving some funding issues and expect to be done by mid-January. They stated that Rock Creek Conservancy will occupy the upstairs office space, and they are in discussions with the Tenleytown Historical Society to help a seasonal ranger staff the downstairs exhibit space. They are in discussions with Jackson Reed HS to host an exhibit on Reno City. They normally wouldn’t do after hours programming but are amenable in this case to keeping the building open with the use of volunteers.
Commissioner Bender stated that the refurbishment of this building was negotiated by the ANC. The original plan was to have TMS occupy the upstairs office space and keep the building open for community use, but TMS backed out. This was a community building for many years and the community is paying for the rehabilitation via the PUD amenity. The ANC would like to see Rock Creek Conservancy offer school and educational programs as well as historical tours of Fort Reno.
Attendees had no questions or concerns.
Commissioners stated that they would like NPS to stretch and make the space available for music rehearsal space as that was a historic use.
ANC Business
- Approval of September 2024 Meeting Minutes – Commissioner Bender moved, and Commissioner Quinn seconded a motion to approve the September 2024 Draft Meeting Minutes. The motion was approved by a vote of 7-0-0. Commissioner Carney was not on the call.
- Approval of expenditures – Commissioner Quinn moved, and Commissioner Cohen seconded a motion to approve payment of $682.50 to Sherry Cohen for administrative services. The motion was approved by a vote of 6-0-0. Commissioner Carney was not on the call.
- 2024 Q4 Financial Report – Commissioner Quinn informed the Commission on the financial report for Q4 of 2024. Commissioner Bender moved, and Commission Denny seconded a motion to approve the Q4 2024 Financial Report.
- Commissioner Quinn noted that the DC Government is in the process of loosening the grant rules. Commissioner Bender stated that we might want to retain an expert to help us with the valuation of the IZ for the Wesley project. Commissioner Gianinno asked about using some of our money to fund traffic safety items. Quinn stated that we cannot normally spend money for items that DC Government should and suggested focusing on items that we want done but an agency wouldn’t normally do.
The meeting was adjourned by acclimation at 9:24 PM.