ANC 3G Minutes for April 28, 2014

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ANC: 3G

Meeting Date: April 28, 2014

Uploaded on: May 14, 2014

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Minutes of Public Meeting

April 28, 2014

Chevy Chase Advisory Neighborhood Commission 3/4G

Chevy Chase Community Center

5401 Connecticut Avenue, NW

Washington, DC  20015

 

1.         Call to Order and Quorum.  The meeting was called to order at 7:30 PM by Chair McCarthy.  Commissioners present: McCarthy, Speck, Cook, and Maydak, Griffin.  Absent: Engel, Thompson. A quorum of 5 was declared.

    

2.                  Attendees.  Approximately 20 persons were present. 

 

3.                  Agenda.  The agenda was modified to move the Macon Bistro public space permit discussion to immediately prior to New Business.  The agenda and modification was agreed by vote of 5-0.

 

4.                  Commissioner Announcements.

Commissioners Maydak and Cook announced their research into a community information sharing website called Nextdoor.

They also set up a video tape of the meeting through Google Hangouts.

More information on both of these technology uses for the commission will follow.

 

5.                  Community Announcements.  Representatives from Councilmember Bowser’s office and Representative Cheh’s office were in attendance.

 

6.                  BZA Application No. 18753 regarding the parking lot use at 3820-3826 McKinley Street NW 

The applicant was represented by Martin P. Sullivan and Mrs. Weisman from Chevy Chase Wine and Spirits.  A motion to support the application with the following modifications:

 An increase from a 5 year to 10 year application review cycle;

The existing brick wall and fencing the property should be maintained;

The sidewalk on the McKinley Street side of the property must be maintained and shoveled after a snow storm to the same standards as aresidential property; and

In recognition of the longer application review cycle, the applicant said he would repave the parking lot.

Commissioner McCarthy will represent the ANC for any and all hearings related to this application. 

The motion to approve the application with the above noted modifications was approved by a vote of 4 in favor (McCarthy, Maydak, Griffin, Speck) and 1 against (Cook).   

 

7.                   Light Task Force Meeting Update.

Commissioner Maydak summarized the April 10, 2014 Light Task Force meeting with DDOT.

 

8.                  ANC Spring 2014 Grants

A motion was offered to increase the FY 2014 grants budget by $1750.00 and to approve a grant to The D.C. Metropolitan Police Citizens Advisory Commission in the amount of $2000.00 by a vote of 5 (includes Thompson proxy) favor – 1 abstention (Griffin).  It was understood that the grantee will not request the funds until a later date. 

The discussion regarding the grant request for Friends of Lafayette Park was postponed until the May 12 meeting.

 

9.                  Public Space Permit tracking no. 93763 for American City Diner (DDOT/Public Space Management Branch) 

The applicant Jeffrey Gildenhorn made a presentation for use of public space for an additional sidewalk café seating 28 persons.  A discussion followed including questions regarding this new use of additional public space and what the ANC had approved for the 1999 American City Diner’s public space application. The commissioners indicated that they need to review the current public space use in relation to what the commission had approved in 1999 and what was actually built.  After discussion, a motion was offered to delay consideration of this application pending further ANC investigation and was approved by vote of 5 – 0.

 

10.              Public Space Permit tracking no. 93709 for Macon Restaurant (DDOT/Public Space Management Branch)

Macon Bistro’s request for a sidewalk café consisting of 6 tables with 22 seats in a public space was discussed.  After discussion and input from neighbors near the Arcade, and in light of the requirement that the Commission indicate either it has “no objections” or that it has “objections” and the basis for those objections, Commissioner Speck offered the following motion:

  The Commission objects to the Bistro’s application for a public space permit to

  operate a sidewalk cafe unless the following conditions are satisfied:

Commissioner Speck is authorized to represent the ANC at any and all hearings related to this application.

    The Commission objects to the Bistro’s application for a public space permit to

  operate a sidewalk cafe unless the following conditions are satisfied:

1.      The Bistro (either on its own or through the Arcade owner) must seek and obtain a special exception, if required, that will permit it to use the dumpster pad for commercial waste disposal.  The Commission will evaluate that application for a special exception, and we will consider all objections and the Bistro's or owner's justifications.  In evaluating the application for a special exception, the Commission may include conditions and may recommend that the special exception be approved for a period as short as one year to ensure the ANC's further opportunity to review the Bistro's operations.

2.      The Bistro must obtain approval of the sidewalk cafe design from the Historic Preservation Review Board or the Historic Preservation staff.

3.      The Bistro must abide (a) by each of these conditions on the sidewalk cafe permit, (b) by all of the provisions of the Settlement Agreement with the ANC, and (c) by all applicable statutes and regulations relating to noise and odors, and any failure to abide by any of these provisions should be considered in determining whether to revoke the public space permit under DCMR Title 24, Chapter 3, Section 308 (Revocation of Sidewalk Cafe Permits).

 Commissioner McCarthy emphasized that the Bistro’s application was “exemplary,” that the sidewalk café would contribute to the ambiance of the Avenue, and that the conditions were a compromise to address open issues that had been raised.  Commissioner Speck is authorized to represent the ANC at any and all hearings related to this application. 

 

 

The request was approved 7 – 0 (2 by proxy/Engle and Thompson).  (A quorum being 4 members)

 

11.               Commission Business:

1.      The Minutes of the March 24, 2014 public meeting were approved by vote of 6-0 (Thompson by proxy)

2.      Checks and a wire transfer as noted below were approved 5 – 0

$214.03 Canon Financial Services, $62.82 Dept. of Employment Services, $49.39 Jeralynn Graham for petty cash reimbursement, $22.89 for office supplies reimbursement, $106.78 Verizon, $315.00 Up and Running Computer Services, $295.23 for IRS

3.      The January – March 2014 quarterly financial report was approved 5- 0.

4.      DC allotment received in the amount of $3997.96 was noted

5.      Items for the next meeting on May 12 include:  FOLP grant request, increase in grant funding vote, Ingleside expansion plans, Transportation Task Force report, Public Space permit request for American City Diner

 

The meeting was adjourned at approximately 9:50 pm.

 

The next scheduled meeting of the Commission is Monday, May 12, 2014 at 7:30 pm.

 

Signed

Jim McCarthy                                                            David Engel

Chair                                                                           Secretary

 

Addendum for file:

The Commission objects to the Bistro’s application for a public space permit to operate a sidewalk cafe unless the following conditions are satisfied:

 

1.The Bistro (either on its own or through the Arcade owner) must seek and obtain a special exception, if required, that will permit it to use the dumpster pad for commercial waste disposal.  The Commission will evaluate that application for a special exception, and we will consider all objections and the Bistro's or owner's justifications.  In evaluating the application for a special exception, the Commission may include conditions and may recommend that the special exception be approved for a period as short as one year to ensure the ANC's further opportunity to review the Bistro's operations.

 

2.The Bistro must obtain approval of the sidewalk cafe design from the Historic Preservation Review Board or the Historic Preservation staff.

 

3.The Bistro must abide (a) by each of these conditions on the sidewalk cafe permit, (b) by all of the provisions of the Settlement Agreement with the ANC, and (c) by all applicable statutes and regulations relating to noise and odors, and any failure to abide by any of these provisions should be considered in determining whether to revoke the public space permit under DCMR Title 24, Chapter 3, Section 308 (Revocation of Sidewalk Cafe Permits).