September 30, 2008

Mr. Anthony Hood

Chair

Zoning Commission

  of the District of Columbia

441 4^th Street, NW, Suite 220

Washington, DC  20001

Re:  Case No. 08-06-1 (Comprehensive Zoning Regulations Rewrite:  Height)

Dear Chairman Hood:

At the public hearing on September 25, one of the points made in my testimony focused on “Measuring a Building,” and, stated that no maximum height restriction currently exists for buildings in the 40’ zone districts.  Commissioner Peter May asked me to “explain why that is a problem?”

Title 11, §199 Definitions notes the following under “Building, height of – the vertical distance measured from the level of the curb opposite the middle of the front of the building to the highest point of the roof or parapet…In those districts in which the height of buildings is limited to forty feet (40 ft.), the height of the building may be measured from the finished grade level at the middle of the front of the building to the ceiling of the top story.”

Then, Title 11, § 401, Height of Buildings or Structures, states that the maximum height in the R-1-A through the R-5-A district is limited to 40”.  This statement provides a definitive height – 40 feet, but the “may be measured” found in § 199 indicates the height of the roof is not included in the measurement.

The permissive use of “may” has encouraged builders to construct taller roofs on bigger houses to accommodate another story once the plumbing and electrical inspectors have left the premises of a new home or a renovation.  In comes the drywaller to finish off the area between the ceiling of what appears to be the top story and the roof.  The new vertical distance from the finished grade level at the middle of the front of the building to the ceiling of the top story is most likely at 48 feet or above; and, a fourth story has been created.  Excessive height and bulk are precisely what the zoning code intends to prevent when addressing low density residential zones.  Lot sizes and lot occupancy further clarify “low density” for those residential zones.

If examples of a fourth story creation are important, I draw the Commission’s attention to a group of four houses in the 5500 block of MacArthur Boulevard, Square 1445, lots 0064, 0065, 0067 and 0068.  All have high roofs and artificial mounding at the front.

Mr. May also noted that the 40’ limit to the top of the roof “would cause the creation of flat roofed buildings.”  This argument loses validity when three twelve foot stories would only reach a height of 36 feet.

For the purposes of this discussion, there are two problematic points regarding measurement found in § 401, specifically “may be measured from the finished grade level at the middle of the front of the building to the ceiling of the top story.”

1)  “Finished grade” has led to artificial mounding at the front of the building thus creating additional height.  This practice appears to be addressed in the new definitions through the introduction of the term “natural grade.”

2)  “May be measured to the ceiling of the top story” has led to the creation of a fourth story in homes with tall roofs and the ability to finish off another story (out of sight) under the roof.

Artificial mounding and tall roofs are changing the character and definition of low density neighborhoods.  While “low,” in and of itself, does not regulate the height of buildings, it does imply that there is a limit; and, that limit is being exceeded because measurement is to the ceiling of the top floor rather than the top of the roof.  As new developments fill in open space throughout the city it is critical that developers respect the character of established neighborhoods and the intent of low density.  It is also critical that the Zoning Commission provide a definition in the new zoning code that clearly defines low density so it is no longer left open to creative interpretation and hidden interior stories where only three are allowed. 

Sincerely,

Alma H. Gates

Chair, Zoning Committee

Enclosures

List of Enclosures:

1)         Testimony presented on September 25, 2008, including a report from ANC 3D’s Zoning Committee.

2)         Exhibit 1:  5524.5 MacArthur Boulevard (rear) showing a fourth story.  The front porch of 5524 is shown with a flag.  The deck to the right of the photo is in an adjacent side yard and the roof line of that property is also shown.  The front of the adjacent property is shown in Exhibit 3.

3)         Exhibit 2:  5524 MacArthur Boulevard (rear) showing a fourth story.

4)         Exhibit 3:  5524.5 MacArthur Boulevard (front) showing relationship to surrounding building stock and additional height gained through artificial mounding at the front of the property.

5)         Exhibit 4.  5526 MacArthur Boulevard (side) showing height of roof line in comparison to adjacent property.