WHEREAS, the Board of Zoning Adjustment issued an order dated October 1, 1997, approving Application No. 16110, of Howard University for a special exception under Section 210 and Subsection 302.1, to update an approved west campus plan in an R-I-A/R-2 District, and

WHEREAS, the BZA approved application #16353 for further processing and an amendment to the West Campus Plan, dated June 17, 1998, and

WHEREAS, the Board of Zoning Adjustment ordered the application be granted, subject to thirteen conditions, which were voluntarily and mutually agreed upon by ANC 3F, the residential community, and Howard University and their attorney, to address the concerns of the residential community with respect to the Campus Plan and to address neighborhood problems that resulted from the 1994 Campus Plan; and

WHEREAS, Title 11 of the District of Columbia Municipal Regulations, Subsection 3205.3, states "If a building permit or certificate of occupancy has been issued under the authority of a decision of the Board of Zoning Adjustment to approve a special exception or variance, then for the purposes of Subsections 3205.4 and 3205.5 of this section, each condition to the approval of the special exception or variance shall be treated as a condition to the issuance of the building permit or certificate of occupancy;

WHEREAS, Howard University has repeatedly violated, and continues to violate, Operating Conditions #2, #3, #4; #6, #7, #10; and #13; and violated other statements contained in their West Campus Plan submission to the Board concerning programming at the campus, special events, traffic and parking; and

WHEREAS, DCRA has sent inspectors to speak with Howard representatives concerning the early morning (prior to 6 a.m.) late evening (2:30 a.m.) and weekend construction and, in some cases, DCRA reported to the community that they had issued "stop work" orders to no avail; and

WHEREAS, at meetings with representatives of the Boards and Management of Van Ness South and Van Ness East and two ANC Commissioners, Howard representatives have been unable or willing to address compliance and/or a time frame for compliance with the Operating Conditions, and

WHEREAS, requests to Howard through their attorney to seek compliance with the BZA order have gone unanswered;

WHEREAS, the Zoning Regulations for a special exception by a college or university in an R-I-A/R-2 district require that the granting of the special exception would not become objectionable to neighboring properties because of noise, number of students, vehicular traffic, or other objectionable conditions;

WHEREAS, ANC 3F, at its Public Meeting on May 15, 2000, heard from residents and received documentation of the violations to the operating standards which conditioned approval of the West Campus Plan;

BE IT RESOLVED, that ANC 3F, petitions the Board of Zoning Adjustment, to suspend and rescind the special exception approvals given to Howard University for the 1997 West Campus Plan and for further processing of that campus plan in 1998,
and

BE IT FURTHER RESOLVED, that ANC 3F, in accordance with Title 11, Subsection 3205.3 of the Municipal Code, requests the Zoning Administrator and the Building and Land Regulation Administrator immediately suspend and rescind any and all building permits issued for construction of the law library building and any other building on the West Campus and to issue a stop work order or orders.
 

Approved at a duly noticed, regular monthly business meeting on May 15, 2000, with a quorum present, by a vote of 7-0-0.
 
 

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