Advisory Neighborhood Commission (ANC) 6C met on Dec. 11 via WebEx. Commissioners Leslie Merkle (6C02, secretary), Jay Adelstein (6C03), Mark Eckenwiler (6C04, chair), Joel Kelty (6C05, treasurer) and Patricia Eguino (6C06) were in attendance. Commissioner Tony Goodman (6C07, vice chair) was absent. Single Member District (SMD) 6C01 is currently vacant.
Commissioners decried the negative impact of “years of delays” in the issuance of written decisions from the Board of Zoning Adjustment (BZA). In particularly, they were outraged about the cases of 719 Sixth St. NE and 337 H St. NE.
In 2019, the owner of 719 Sixth St. NE completed a three-story rear addition (BZA No. 20163). However, the building permit application filed by the project architect miscalculated the distance between it and the rear walls of the adjacent buildings in the building permit application. When completed, the building was 13 feet beyond the rear wall of the ading building to the north, violating the rear yard requirements of the RF-1 zone in which the house is located. The owner then applied to the Board of Zoning Adjustment (BZA) for a special exemption.
In March of 2021, the BZA ruled in the applicant’s favor, despite opposition by the commission. That same month, commissioners filed a motion for reconsideration, alleging the applicant had made “intentionally false statements” to the Board concerning the source of the initial error and “numerous unexplained inconsistencies in the dimensions provided to the Board for the structure and proposed changes.” The BZA held another hearing on May 26, 2021 and then issued an initial written decision.
The decision, the commission argued, did not as legally required address its concerns. The BZA then reconsidered, reopening the record over the commission’s objections. It then voted a second time to approve the application. However, since then, it has failed to issue formal a revised decision that either grapples with the commission’s concerns or the newly supplemented factual record.
In the case of 337 H St. NE, the commission opposed the issuance of a certificate of occupancy in November of 2019 for a convenience store (Case 20232). The structure’s nonconformity, which predates the adoption of zoning regulations, allows commercial use of its first floor, its owner argued. However, the Floor Area Ratio of .91 occupied by the expanded establishment exceed the legal 0.5 maximum in a NC-10 Zone, the commission argued. The Board held a hearing on July 1, 2020, but never entered a ruling. In the interim, an illegal cannabis retailer rented the property.
“They just sat on their hands on these with unfortunately dire consequences for the community,” Chair Eckenwiler said, noting the importance of bringing these cases to the Council.
Eckenwiler called both cases an “egregious and inexcusable failure to act by the BZA” adding that he has “personally” made both the former board Secretary and incumbent secretary aware of these issues with repeated inquiries.
The commission voted to authorize Eckenwiler to provide testimony to the DC Council in their oversight hearings scheduled for early 2025 regarding the BZA’s inaction on these cases.
Other Matters
The commission ed a BZA application for a special exception from the lot occupancy requirements to construct a third story and a three-story rear addition to an existing attached two story flat at 717 5th St. NE.
ANC 6C will meet next on Jan. 8 at 7 p.m. via WebEx. Visit anc6c.org to learn more about the commission and to attend the meeting
