1 GOVERNMENT OF THE DISTRICT OF COLUMBIA + + + + + BOARD OF ZONING ADJUSTMENT + + + + + PUBLIC HEARING + + + + + WEDNESDAY NOVEMBER 14, 2018 + + + + + The Regular Public Hearing convened in the Jerrily R. Kress Memorial Hearing Room, Room 220 South, 441 4th Street, N.W., Washington, D.C., 20001, pursuant to notice at 9:30 a.m., Frederick Hill, Chairperson, presiding. BOARD OF ZONING ADJUSTMENT MEMBERS PRESENT: FREDERICK L. HILL, Chairperson LESYLLEE M. WHITE, Board Member LORNA JOHN, Board Member CARLTON HART, Vice Chairperson (NCPC) ZONING COMMISSION MEMBER PRESENT: ROBERT MILLER OFFICE OF ZONING STAFF PRESENT: ALLISON MYERS, Secretary CLIFFORD MOY, Secretary STEPHEN VARGA, Zoning Specialist D.C. OFFICE OF THE ATTORNEY GENERAL PRESENT: JACOB RITTING, ESQ. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 2 OFFICE OF PLANNING STAFF PRESENT: JOEL LAWSON JONATHAN KIRSCHENBAUM KAREN THOMAS MAXINE BROWN-ROBERTS CRYSTAL MEYERS The transcript constitutes the minutes from the Public Hearing held on November 14, 2018. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 3 TABLE OF CONTENTS PRELIMINARY MATTERS Application No. 19862 of Heights Holding, LLC Postponed to December 5, 2018 .......... 9 Application No. 19851 of RUPSHA 2011, LLC, Postponed to December 19, 2018 ......... 9 APPLICATIONS ON AGENDA Application No. 19863 of KSAR LLC to permit a fast food restaurant use in the existing mixed use building in the NC8 Zone of premises 850 Quincy Street NW, Square 2900, Lot 824 . 11 Presentation by Alex Wilson ........... 12 Motion to approve, motion passes ........ 15 Application No. 19864 of MDP 526 8th Street LLC to construct a new three story commercial building in the MU25 Zone at premises 526 to 528 8th Street SE, Square 926, Lots 809 and 810 ........ 16 Presentation by Jeff Utz ............ 18 Motion to approve, motion passes ........ 24 Application No. 19831 of RUPSHA 2011 LLC to construct a new semi-detached principal dwelling unit in the R2 Zone at premises 4813 Jay Street NE, Square 5149, Lot 87 ..... 26 Presentation by Oumar Seck ........... 28 Decision to leave record open .......... 38 Application No. 19832 of Yasmine Sikder to construct a new semi-detached principal dwelling unit in the R2 Zone at premises 308 62nd Street NE, Square 5267, Lot 44 ..... 39 Presentation by Oumar Seck ........... 40 Decision to leave record open .......... 41 Application No. 19850 of Charles Paret Applicant not present - postponed ........ 42 Application No. 19808 of Mark Rogers Applicant not present - postponed ........ 43 Application 19809 of Shamori Jennings Applicant not present - postponed ........ 43 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 4 CONTENTS (CONTINUED) BZA Case #19751, Application of............ 44 MED Developers, LLC 2619-2623 Wisconsin Avenue, NW Introductions.................... 45 On Behalf of MED Developers, LLC Nick Finland .................. 51 Director of Development MED Developers John Gonzales .................. 52 Guest Services Senior Living Claire Dickey .................. 55 Architect Perkins Eastman Erwin Andres .................. 65 Gorove/Slade Associates Stephen Varga .................. 70 Director of Planning Services Cozen O'Connor Meridith Moldenhauer .............. 74 Land Use Counsel Cozen O'Connor Cross-Examination Of Stephen Varga, by Andrea Ferster ....... 74 Of Erwin Andres, by Andrea Ferster ....... 80 Of Claire Dickey, by Paul Cunningham ...... 86 Of John Gonzales, by Paul Cunningham ..... 107 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 5 CONTENTS (CONTINUED) Other Presentations Andrea Ferster ................ 112 Counsel MAHCA Dr. Nathan Billig ............... 117 Geriatric Psychiatrist Joe Mehra ................... 123 Transportation Expert Anita Crabtree ................ 130 MAHCA Zoning Coordinator Voir Dire Examination Of John Cunningham, by the Board ....... 137 Other Presentations John Cunningham ................ 145 Robert McDiarmid ............... 147 Application No. 19850, Charles Paret, 2507 I Street NW..................... 301 Vote to approve................... 308 Preliminary Matters/Housekeeping .......... 309 Application No. 19823, Wisconsin Avenue Baptist Church ....................... 310 Parties in Opposition................ 454 Applicant Rebuttal ................. 502 Cross Examination.................. 518 Adjourn....................... 548 NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 6 1 P-R-O-C-E-E-D-I-N-G-S 2 (9:41 a.m.) 3 CHAIRPERSON HILL: Good morning everyone. This is 4 the November 14 Public Hearing of the Board of Zoning 5 Adjustment of the District of Columbia. 6 My name is Fred Hill, Chairperson. Joining me 7 today will be Carlton Hart, Vice Chair. We have currently 8 with us Lesyllee White and Lorna John, Board Members, and 9 representing the Zoning Commission today is Rob Miller. 10 Copies of today's hearing agenda are available 11 here and located in the wall bin near the door. Please be 12 advised that this proceeding is being recorded by a Court 13 Reporter and also webcast live. 14 Accordingly, we must ask you to refrain from any 15 disruptive noises or actions in the hearing room. When 16 presenting information to the Board, please turn on and speak 17 into the microphone first stating your name and home address. 18 When you finish speaking, please turn the microphone off so 19 that your microphone is no longer picking up sound and 20 background noise. 21 All persons planning to testify either in favor 22 or in opposition must have raised their hand and been sworn 23 in by the Secretary. Also, each witness must fill out two 24 witness cards. These cards are located on the table near the 25 door and on the witness table. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 7 1 Upon coming forward to speak to the Board please 2 give both cards to the reporter sitting to the table at my 3 right. If you wish to file any testimony or additional 4 supporting documents today, please submit one original and 5 twelve copies to the Secretary for distribution. 6 If you do not have the requisite number of copies, 7 you can reproduce copies on an office printer in the Office 8 of Zoning located across the hall. Please remember to 9 collate your sets of copies. 10 The order of procedures for special exceptions, 11 variances, as well as appeals is also on the table as you 12 come walking in to the hearing here. The record shall close 13 at the conclusion of each case except for any material 14 specifically requested by the Board. 15 The Board and the staff will specify at the end 16 of the hearing exactly what is expected and the date when the 17 persons must submit the evidence to the Office of Zoning. 18 After the record is closed, no other information shall be 19 accepted by the Board. 20 The Board's agenda, including cases set for 21 decision after the Board adjourns, the Office of Zoning in 22 consultation with myself, will determine whether a full or 23 summary order may be issued. 24 A full order is required when the decision it 25 contains is adverse to a party, including any affecting ANC. NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 8 1 A full order may also be needed if the Board's decision 2 differs from the Office of Planning's recommendation. 3 Although the Board favors the use of summary orders whenever 4 possible, an applicant may not request the Board to issue 5 such an Order. 6 The District of Columbia Administrative Procedures 7 Act requires that the public hearing on each case be held in 8 the open before the public, pursuant to Section 405(b) and 9 406 of that Act. The Board may, consistent with its rules 10 of procedures and the Act, enter into a closed meeting on a 11 case for purposes of seeking legal counsel on a case, 12 pursuant to D.C. Official Code Section 2-575(b)(4), and/or 13 deliberating on a case pursuant to D.C. Official Code Section 14 2-5-75(b)(13), but only after providing the necessary public 15 notice and in the case an emergency closed meeting after 16 taking a roll call vote. 17 The decision of the Board in cases must be based 18 exclusively on the public record. To avoid any appearance 19 to the contrary, the Board requests that persons present not 20 engage the members of the Board in conversation. Please turn 21 off all beepers and cell phones at this time so as to not 22 disrupt the proceeding. 23 Preliminary matters are those which relate to 24 whether a case will or should be heard today, such as a 25 request for a postponement, continuance, or withdrawal, or NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W. (202) 234-4433 WASHINGTON, D.C. 20005-3701 www.nealrgross.com 9 1 whether proper and adequate notice of the hearing has been 2 given. 3 If you are not prepared to go forward with the 4 case today, or if you believe that the Board should not 5 proceed, now's the time to raise such a matter. 6 Ms. Secretary, do we have any preliminary matters? 7 MS. MYERS: Good morning, Mr. Chairman and members 8 of the Board. We have two cases which were previously 9 scheduled for this hearing date which have been postponed, 10 and those are Application No.