ANC3D Minutes of July 2003

Chair John W. Finney called the regularly scheduled monthly meeting of ANC3D to order at 7:30 PM. All Commissioners except Commissioner Heuer were present. A quorum was present at all times (4). Community Concerns: Commissioner Shapley stated that July is the deadline for planning month survey of trees that need to come down and others that need to be planted. The Act went into effect on June 15th. BZA- 17039 – 2708 44th Street NW. Mr. And Mrs. McAdams moved into a newly built home which city officials say exceeded zoning regulations by building four stories in an area restricted to three. The McAdams must now apply for variances for permits to allow the attic dormers, extra floor and extra floor space. They have the support of their neighbors to apply for these variances. They feel that they did not cause these problems and bought in good faith from the dealer who had built the house on “spec.” The Commissioners voted 6-0-0 to support the variances from provisions of the Wesley heights overlay district, which ordinarily limits houses to three stories and a 40’ height.. Mr. Lars Hydle, former ANC 3C Commissioner appeared before the Commission concerning the boundaries of POLICE SERVICE AREAS (PSA), including PSA 203.  Mr. Hydle asked the ANC to support a realignment of boundaries for PSAs in the city) that would match ANC districts and not Neighborhood Clusters, as proposed by the Chief of Police.  The proposed change would have limited affect on PSA 203, which is already planned to approximately match our present ANC area.  The Commission agreed that the Cluster Plans have not been effective tools for communities.   Putting that premise aside, ANC 3D voted 6-0-0 to support the following: "That the first priority for new PSA boundaries be effective policing, combined with consideration of neighborhood areas, and to the extent feasible, following ANC boundaries." Michael Lovendusky, a neighbor of the St. Patrick’s Episcopal Day School’s new building at Ashby and MacArthur has filed an appeal with the DC Court of Appeals to overturn the zoning board’s decision to approve the schools application. Mr. Lovendusky asked ANC3D to file an “amicus Curiae” with the court (friend of the court) since the ANC’s are not allowed to take DC Government agencies to court. After much discussion, Chair Finney stated that he did not want to revisit the case. It had caused so much dissent between neighbors earlier this year at three meetings and the Court was not going to overturn the decision of the zoning board. Chair Finney said “we have fought the good fight with all our might” and lost, now people should try to live together. 4801 Indian Lane – Mr. And Mrs. Peskowitz owners, and their landscape architect, Alan Garnass, and their zoning expert, Trish Cooper, appeared before the Commission to ask for support in putting up a 7 foot high iron fence on public space. The Peskowitz’ have purchased this property and are completely redoing both the house and the landscaping. As part of their plans, they want to shift existing hedges along Glenbrook Road and Rockwood Parkway by 28 inches to provide improved sidewalk access. They also want to replace three Bradford Pear trees with three willow trees. The fence that they want to erect would be 17 feet from the curb along Glenbrook Road and Rockwood Parkway. After discussion the Commission voted 5-1-0 (dissenting vote: Shapley), to disapprove this request. A letter will be written to the Public Space Committee in DPW or DDOT with the following resolution. “ANC3D recommends that the seven foot security fence be located on the property line on all four sides of this property, and not on public space.” Alex Momchilovich, owner of Ilija’s International Gourmet came before the Commission seeking a stipulated license to serve liquor – on the premises. (they now have a carryout license that allows them to sell beer and wine for carryout only) but they hope to obtain a full restaurant license. Momchilovich said that his parents started this business in 1976 and it used to have a booming business as a deli and sandwich shop but there have been so many new restaurants started within a three/four block radius that his business has almost forced him to close. He has gone from 17 to four employees, he has built a restaurant that will hold 50 people, but many won’t stay unless they can order a drink with their meal. The Commission voted 6-0-0 to approve this stipulated license. The treasurer’s report was presented. There is currently a balance of $18,877.36 in the Bank of America checking account. This includes an allotment of $6029.40, which was made June 25th. The Third Quarter (FY2003) Report was presented and approved 6-0-0. This is not due at the Auditor’s until the end of August, but ANC3D will not hold a meeting in August. The minutes from the June meeting were read and approved 6-0-0. The next meeting will be September 2, 2003. Respectfully submitted Sarah Stowell Shapley Secretary