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| ANC 6A drills DCRA chief over permitting errors |
VOICE writes, "ANC 6A drills DCRA chief over permitting errors
BY BEN WEINSTEIN
The AppleTree organization may need zoning relief to open its planned Northeast preschool as it no longer conforms to city codes, according to the head of the Department of Consumer and Regulatory Affairs.
Linda Argo, acting director of the regulatory department, said the agency can only issue building permits for plans that comply with regulations in place the day of issuance, not the day applications are filed. And, as of Sept. 14, public schools — including charters — are subject to stricter regulations in residentially zoned neighborhoods.
This was welcome news at the Northeast Capitol Hill advisory neighborhood commission’s (ANC 6A) Sept. 13 meeting, where Argo answered a series of zoning questions. The commission has been battling the AppleTree Institute for Education Innovation since winter 2006, when it applied for permits to expand its building at 138 12th St., NE.
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Argo also answered questions on an alleged bed and breakfast or vacation house on Maryland Avenue, NE. Last year, the neighborhood commission asked the regulatory department to investigate the property, described on its Web site as an “exquisitely renovated 1900’s [sic] Capitol Hill carriage house with sparkling in-ground pool.”
Argo said the agency issued the owner $4,000 in fines and a notice to obtain the proper license for the business.
Commissioners also asked about illegal construction and whether the agency will beef up its inspection capacity.
“I don’t necessarily agree that we’re understaffed throughout the inspection corp,” Argo said in response to commissioners’ assertions that the agency doesn’t have enough inspectors to tackle the amount of illegal construction in Ward 6, much less citywide. She added that the agency is hiring two new inspectors who will be cross-trained in several disciplines, equipping them to recognize a broader range of illegal work.
Nevertheless, Argo said the agency relies on citizens and neighborhood commissions to check on posted permits and report anything amiss. Commissioner Joseph Fengler said he was encouraged that the agency was dealing with the problem properties the neighborhood commission raised red flags over; Argo identified properties where owners had been fined or forced to stop work on illegal construction.
Fengler also highlighted Northeast residents’ efforts on creating a vacant-properties list for structures on and around the H Street corridor. Argo said once it’s reviewed by Ward 6 Councilman Tommy Wells, who had helped coordinate efforts on the project, the vacant-property list will be posted online. The project is intended to force development of nuisance properties by imposing higher tax rates on owners.
Other actions The commission also voted to:
• Support Anais Bar & Lounge’s liquor license for 1363 H T., NE. The commission will seek a standard voluntary agreement.
• Support Atlas Performing Arts Center’s liquor license request.
• Withdraw its appeal for a restaurant at 1016 H St., NE. In July, the commission appealed the permits because they weren’t yet sure if the business needed to apply as a fast-food establishment.
• Ask the owner of 1309-11 H St., NE to preserve and renovate the property. The commission will inform the owner of “various zoning and tax incentives that would make preserving the building more cost effective.”
• Ask the District Department of Transportation to investigate the following public-space violations: illegal curb cuts; illegal parking spaces; utility companies failing to fix roads and sidewalks after repair work; and utility boxes on public space.
• Ask the transportation department to enforce parking violations in car-share spaces.
• Authorize commissioners Joe Fengler and David Holmes to request the U.S. Congress turn over control of the District’s Public Charter School Board to the city, including the authority to appoint board members. The request stems from what the commission called “inappropriate siting of charter schools” and the board’s independence from the city government.
• Send a letter to the charter board asking it to follow District regulations in siting new charter schools and school expansions. This request — related to the commission’s battles over the AppleTree Institute’s proposed Northeast pre-school — asks the board to recognize new zoning rules for public schools in residential neighborhoods.
• Oppose the nomination of Curtis Etherly’s to the Zoning Commission. Commissioner Raphael Marshall spoke in Etherly’s favor and voted against the motion. He urged the commission to invite Etherly to a meeting to explain his views. But other commissioners said they had serious reservations about Etherly’s interpretation of zoning regulations and rules governing public hearings for the Board of Zoning Adjustment, on which Etherly serves as vice chair.
• Ask the Department of Public Works to enforce regulations on posters, signs and placards in the commission’s area.
• Ask the D.C. Council to change rules to: prohibit commissioners from using commission funds, without special permission, outside office business; require the Public Charter School Board give 30-day notice to local neighborhood commissions on new charter schools locating in the area or expansion of existing schools; adequately fund neighborhood commissions; amend the Advisory Neighborhood Commission Act of 1975 to allow reimbursements for commission business purchases made with credit cards.
Roll call
Commissioners William Schultheiss, Stephanie Nixon, Nick Alberti, Raphael Marshall, David Holmes and Joseph Fengler were present. Commissioners Mary Beatty and Gladys Mack were absent.
The commission’s next meeting will be 7 p.m. on Oct. 11 at Miner Elementary School, 601 15th St., NE.
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Posted on Sep 21, 2007 14:26pm.
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