Pergolas, Tiki Walls, and Trojan Horses
Can a homeowner replace a garage roof with a pergola to make room for a balcony? Can a bed and breakfast operate throughout one house, its addition and another house's pool? If a restaurant constructs tiki walls around a new patio – tipping inward in response to neighborhood noise concerns – does that create an "enclosure," thus rendering the patio unsuitable for "outdoor" smoking?

At its January meeting, ANC 6B's discussion ranged over such complicated questions, leading to long discussions but near unanimous actions.

Bed and Breakfast Expansion Opposed
One of the most extensive discussions of the meeting concerned an application to expand an existing bed and breakfast from two rental rooms to six. Two rooms are permitted matter-of-right; four, by special exception in most of the city; and six, by special exception in a historic district. Diane Powell's plan to triple her B&B's capacity – 612 3rd St. SE (BZA #17711) – raised a number of concerns for neighbors and commissioners.

As a home occupation, a B&B operation must be secondary to the residential use of a property and compatible with the neighborhood in which it is located. Commissioners wondered whether a six-room B&B could be considered "secondary" in a seven-bedroom house and, therefore, whether any house on Capitol Hill could meet this requirement. Nearby residents argued in addition that the size of the proposed operation made it incompatible with the neighborhood, prompting commissioners to ask if the "compatibility" and size clauses wouldn't effectively render the zoning regulations inapplicable to Capitol Hill.

Commissioners eventually concluded that a six-unit B&B at this address was incompatible with its particular location. The vote, to ratify the Planning and Zoning Committee's recommendation opposing this project, was 8-0, with one abstention.

Discussion focused at great length on the property's odd configuration: a two-bedroom house, with a separate four-bedroom addition connected by a colonnade, further extended by a pergola joining the Third Street property with a home (also owned by Powell) across the alley at Fourth Street. This arrangement allows B&B guests to use the pool behind 545 Fourth St. SE but raised questions as to whether the B&B was then operating in multiple dwellings, which is prohibited.

An additional complexity was Powell's gating the passageway between her two properties. Chair Julie Olsen raised, for intra-commission discussion, the issue of the owner's gating a portion of the oddly shaped alley and the consequent inaccessibility of a telephone pole. When neighbors – two of whom said they couldn't get Verizon phone service or repairs because of the pole's inaccessibility – raised their concerns, however, Olsen curtailed discussion.

Returning to the zoning issue, Jim Meese, of 306 G St., said he hadn't objected to the 2004 addition – which the ANC also supported – but did object to the proposed commercial use of that addition. Other neighbors, including Jerry Kennedy, of 313 South Carolina Ave., concurred. Kennedy said he worried about a "Trojan Horse" effect, supporting a neighbor's request for a private, residential addition and then later finding the addition proposed for commercial use incompatible with the residential area.

Ugly Mug's Planned Patio
The Ugly Mug requested ANC support for a substantial change to its liquor license in order to accommodate a planned second-floor patio. The new patio would be surrounded by tiki walls, prohibit glass and close at 10:30 p.m. on weeknights and 11:30 on weekend evenings. Given the existing voluntary agreement and Ugly Mug's willingness to extend it, the Alcohol Beverage Commission recommended support for this substantial change.

Wall-related issues – sightlines, noise reduction, possibilities to throw things – and other patio-related questions, including closing hours and smoking regulations, were addressed. But much of the commissioners' discussion focused on complaints neighbors had submitted about trash-dumping noise and overflowing dumpsters, arguments being that expanding the business would only expand trash and accompanying noise and vermin. Several complaints were determined to reference outdated conditions.

Final ANC action supported the substantial change, conditional on a new voluntary agreement, asking Ugly Mug to address neighbors on trash and other concerns. The condition amendment passed unanimously; the amended committee recommendation passed 9-0, with one commissioner abstaining. The matter will come before the ANC again, once the "substantial change" is placarded at the establishment (Lic. # 71973).

Additions Approved and Opposed
The Planning and Zoning Committee recommended support of a second-floor addition at 1000 D St. SE, which involves demolishing an existing nonconforming deck. The new addition would better match the look of the house and not affect lot occupancy. Neighbors support the project. The commission voted 8-0, with one abstention, to support BZA #17727.

The committee recommended against support of a rear addition at 612 E St. SE, noting the historic nature of the garage which would be partially razed. Removing the roof and part of one wall could subtract an existing garage from the official lot occupancy of the property, thus allowing for a larger addition to the home. The committee thus objected to "disguising a zoning matter" as a historic preservation case. Neighbors, including three in attendance, opposed the project. Architect Klaus Klatt's attempts to convince commissioners of roof removal precedent were unsuccessful. The full ANC voted 8-0, with one abstention, to uphold the committee report opposing HPA # 08-112.

Traffic Reconfiguration at 17th & Potomac
Additional matters which came before the ANC included supporting archival work at the Congressional Cemetery, approving a minor route change for the National Marathon – scheduled for Mar. 29 – and some minor financial matters. The commission also considered a neighborhood petition requesting reconfiguration of a dangerous intersection.

Pat Taylor, who lives in the 300 block of 17th Street, brought a neighborhood petition regarding the intersection at 17th Street and Potomac Avenue SE. She asked the ANC to write to the District Department of Transportation in support of a reconfiguration. The intersection had been previously reconfigured in 2004, Taylor said, at the request of a resident who wanted the ability to turn left onto Potomac Avenue. A recent study found that only 10 of 350 cars turned left, however, leaving the rest of the traffic to merge into one right lane or illegally cross Potomac from the turn lane. The intersection sees 10,000 cars/day and is problematic for both pedestrians and drivers, she said.

The Capitol Hill Transportation Study recommended the re-reconfiguration, and the ANC wrote in support of the change in 2006, when that study was under consideration. The 2008 vote approved a new letter to DDOT, requesting immediate implementation of this recommendation.

New Officers, Corrected Welcome
Julie Olsen was reelected chair by acclamation (9-0, with one abstention). The following officers were also chosen by acclamation: Ken Jarboe, vice chair; David Garrison, secretary; and Carol Green, treasurer (9-0-1). Mary Wright was elected parliamentarian, winning six votes to Neil Glick's three, with one abstention.

One commissioner's name was misspelled in last month's report. A renewed – and corrected – welcome to Kirsten Oldenburg, newly seated in December 2007 for Single Member District 6B04.

Roll Call
Chairperson Julie Olsen (6B03) presiding. David Garrison (6B01), Mary Wright (6B02), Kirsten Oldenburg (6B04), Ken Jarboe (6B05), Will Hill (6B06), Carol Green (6B07), Neil Glick (6B08), and Francis Campbell (6B10) were present for the entire meeting. Michael Patterson (6B09) was present through the first half of the meeting.