|
A nonvoting item on the Advisory Neighborhood Commission 6C agenda turned into a discussion of the limits of the ANC’s authority and whether it is “un-American” to place restrictions on businesses.
The commission discussed the ongoing tavern license application for Level, a three-story lounge planned for H Street NW. The ANC moved to oppose the application earlier this year due to neighbor concerns about noise and safety, among other issues.
Kris Thompson, executive director of Calvary Women’s Services, which houses several women in the building next door to the proposed lounge, told the ANC that license applicant Pouya Yousefi hasn’t adequately shared his plans with the commission or the neighbors who would be affected by the establishment.
“We haven’t had that opportunity, and the business owner who intends to go into the space has not been able to provide that,” she said.
Commissioner Charles Docter, who is leading the discussions with Yousefi to draft a voluntary agreement and get a liquor license application approved, said that the agreement is moving forward, and the only major issues left to consider are the occupancy of the lounge and what can be done to soundproof the building. Docter proposed hiring an “expert sound auditor” to look at the second issue, although he was unsure of the price of retaining such an expert.
Commissioner Tom Hamilton opposed hiring a sound expert, questioning the legality of such a move, and Commissioner Mark Dixon was worried about the precedence of hiring an expert to help research a case.
“What is our role here? What are we actually doing here?” Hamilton asked. “I just find this absurd. I’m sorry.”
Yousefi also questioned such a move. He said he has contacted sound engineers who have told him that the all-brick building will minimize sound traveling outside the building.
“I think for the ANC this will be an unnecessary expense, and if I partake in it, it will be an unnecessary expense as well,” he said.
Level’s application is scheduled to be considered by the city in mid-October. Docter’s suggestion, that the ANC approve hiring a sound auditor and then figure out the price before the hearing with the city, was dropped, but the ANC unanimously approved a separate motion asking the city to delay its hearing to give the commission a chance to look into hiring a sound expert.
The ANC also spoke about the other remaining issue regarding Level’s application: its capacity. The architectural renderings for the lounge are not finished yet, and an occupancy number won’t be negotiated until after that time. Yousefi, however, spoke out against lowering the occupancy in a voluntary agreement or liquor license, calling such a move “un-American” because it would limit the earnings he could make off the establishment.
“Isn’t it up to the fire marshall to determine what the occupancy is?” he said.
Commissioner Anne Phelps dismissed the argument, saying that limiting the occupancy of a place is a common practice and is “perfectly allowable by law.”
“Whether it’s American, I can’t speak to it,” she said.
Oasis Discussions Continue
Another longtime source of liquor license controversy was mentioned briefly at the September meeting. The ANC asked the city to block Oasis Liquors’ attempt to reopen at 1179 Third St. NE. The city has granted Oasis a new certificate of occupancy, and their liquor license renewal request will be considered this month.
“Much to my chagrin,” Phelps said.
The commission and neighbors of the store have attempted to block the reopening of the store because of concerns about the impact it will have on the community.
The ANC supported an application for Bistro Cacao, a French bistro planned for 318-320 Massachusetts Ave. NE, pending signature of the drafted voluntary agreement. The owners of Bistro Cacao agreed to not receive deliveries at the restaurant before 7 a.m., and the restaurant will close at 11 p.m. on weekdays and midnight on weekends.
The commission also approved Momiji’s request to extend their operating hours to 2 a.m. every day of the week. Momiji is located at 503 H St. NW, and the request was approved without any concerns by the commission.
Two public space applications were approved unanimously by the ANC. Absolute Thai, located at 521 G St. NW, requested the use of sidewalk space for an outdoor café. The tables will be placed on both Sixth Street NW and G Street NW.
A request to place a flag and guard station outside 145 N St. NE was also accepted without much discussion. The building will house the Department of Justice.
Stalled Development
The economic downturn has pushed back the timeline for Capital Place, a Louis Dreyfus Property Group development at H and Second streets NE. The ANC approved Dreyfus’s request to delay Capital Place by up to two years, as long as they take safeguards to keep the site secure and control rodents on the location.
The sole controversy of the request had to do with a rowhouse at 222 G St. NE. Dreyfus purchased the house when it was planning for the development because it wants to use some of the property’s land to expand a nearby alley. Dreyfus plans to refurbish the house and sell it after the alley project is complete, company representatives said at the meeting.
Area resident Drew Talent asked the ANC to encourage Dreyfus to sell the property sooner because of its state of disrepair and the negative effect that has on neighboring properties. Talent said trees were overgrown in the yard, among other problems.
“There’s no real reason why [they] can’t dispose of this property and sell it,” he said.
Phelps agreed that something needs to be done with the house.
“Regardless of whether or not the finances exist to improve a rowhouse, Dreyfus is a pretty big company. They can get the trees out of the back that are growing out of the house and any other things that are considered code violations,” she said. “I don’t think there’s much excuse for leaving a vacant property in any kind of condition that makes it clear that it’s vacant from the street.”
Phelps also warned Dreyfus representatives about the increased property tax that will be levied on the site if it remains vacant.
The passed motion approving the delay of the Capital Place project called on Dreyfus to continue to maintain the site and look into selling the rowhouse.
Taking off the Cap
The ANC approved a $1,500 grant to Southern Baptist Church (134 L St. NW) for its program that help adults get a high school diploma. The initial grant request was for one-third that amount, but the commissioners decided to award the maximum grant amount.
Hamilton said that the grant restrictions are foolish,” and that grant amounts should be determined by an application’s merit, not an arbitrary cap set by the ANC.
Phelps agreed and said that the ANC should reexamine its grant restrictions. |
