WHEREAS,
The Department of Consumer and Regulatory Affairs (DCRA) incorrectly issued Building Permit No. B424294 on June 7, 1999, to Forest Hills, LLC, authorizing demolition of the structure at 4512 28^th Street, construction of 3 floors, and the addition of a new one story garage on the existing foundation;

The DCRA issued a revised Building Permit No. B426784 on September 17, 1999, to allow a change to the finished grade and acknowledged that the structure as previously approved was four stories;

The DCRA's revised permit was issued following construction of a four story structure;

The DCRA's revised permit was issued to enable Forest Hills, LLC, to avoid the three story height limitation of 11 DCMR §400.1;

The revised permit does not change the fact that the structure built in accordance with the initial incorrect permit is a four story structure; and

WHEREAS,
The DCRA has not adequately addressed the following issues: (1) whether the structure at 4512 28^th Street improperly extends beyond the pre-existing footprint; and (2) whether the structure meets the minimum requirement by being five feet distant from the adjacent properties;

The issue of ensuring that construction of so-called "tear down" properties is in compliance with the zoning regulations and the character of the surrounding community is of great importance in this ANC;

The DCRA in violation of the DCMR failed to notify the ANC of any Forest Hills, LLC, applications to demolish an existing structure, construct a new structure, and perform other work at the 4512 28^th Street site, thereby denying timely notice and precluding prior review by the ANC and the neighborhood before any zoning violation occurred; and

WHEREAS,
George and Mary Clark, Stuart Sloame and Ellen Seeherman, and D. James and Emily Baker have appealed to the Board of Zoning Adjustment (BZA), Docket No. 16533, objecting to the DCRA's actions in (1) incorrectly issuing Building Permit No. B424294 on June 7, 1999, to Forest Hills, LLC, which enabled Forest Hills, LLC, to construct a four story structure, and (2) subsequently issuing revised Building Permit No. B426784 on September 17, 1999, to allow a change to the finished grade to a level different from the level of the existing grade as shown in Building Permit No. B424294, in order to avoid the three story limit in the DCMR.

RESOLVED that ANC 3F, at the duly noticed regular monthly business meeting held on January 10, 2000, with six of seven elected commissioners present thereby constituting a quorum, finds by a vote of six in favor, zero opposed and zero dissenting, that

The appeal of George and Mary Clark, Stuart Sloame and Ellen Seeherman, and D. James and Emily Baker, Docket No. 16533, to the Board of Zoning Adjustment (BZA) has merit in that the DCRA incorrectly issued a building permit that enabled Forest Hills, LLC, to construct a four story structure, and acted in such a manner as to avoid and evade the three story limit in the DCMR;

The BZA should uphold the appeal of George and Mary Clark, Stuart Sloame and Ellen Seeherman, and D. James and Emily Baker; and

The BZA should direct DCRA to ensure that Forest Hills, LLC, modifies its structure so that it complies with the height limitation of 11DCMR §400.1.

IT IS FURTHER RESOLVED THAT
The BZA should direct DCRA to contract with an independent surveyor to obtain an impartial third party survey that will establish:

1. Whether or not the structure recently built at 4512 28^th Street extends past the pre-existing footprint;
2. Whether or not the walls of the structure at 4512 28^th Street are within the minimum allowable five feet from the adjacent properties; and,

/s/ David J. Bardin                               /s/ Robert V. Maudlin
Chair                                                      Secretary