WHEREAS: On June 30, 2000, William Wahabi filed an application with the Department of Consumer and Regulator Affairs (DCRA) for a building permit to construct a single family residence at 2944 Chesapeake Street, N.W., and

WHEREAS: The building permit application stated that the proposed structure consisted of three stories and cellar, and

WHEREAS: The site of the structure is located in a R-1-A zoned district in ANC3F, and

WHEREAS: In September 2000 Darrel J. Grinstead, an adjacent landowner, reviewed the plans filed with DCRA and met with William Wahabi to discuss his concerns regarding the size, height and location of the structure on the lot, and

WHEREAS: On October 7, 2000, Darrel J. Grinstead delivered a letter to DCRA requesting that the application be denied due to the size and height of the proposed residence and requesting compliance with set-back, side yard and other requirements, and

WHEREAS: The Department of Consumer and Regulator Affairs (DCRA) issued Building Permit No. B430178 on October 13, 2000 to William Wahabi for the construction of a single family residence at 2944 Chesapeake Street, N.W., and

WHEREAS: The Building Permit states that the proposed structure consists of three stories, and

WHEREAS: DCRA did not respond to the October 7, 2000 letter and on February 19, 2001 Darrel J. Grinstead sent a second letter to DCRA stating that the structure had grown to four stories with the ceiling of the ground floor more than four feet above the adjacent finished grade, and

WHEREAS: On May 14, 2001, DCRA replied to Darrel J. Grinstead's letters of October 7, 2000 and February 19, 2001 stating that the side yard issue had been resolved and a re-review of the plans "concluded that no other issues of non-compliance exist," and

WHEREAS: DCRA has not adequately addressed the issues of height, number of stories, and side and rear yard setbacks, and

WHEREAS: ANC3F believes that there is sufficient information available to question if the structure complies with the DC zoning regulations.

THEREFORE, BE IT RESOLVED: ANC 3F supports Appeal No. 16764 filed by Darrel J. Grinstead, and

BE IT FURTHER RESOLVED:

1. BZA direct that DCRA retain, on an expedited basis, an independent surveyor to measure and prepare a report on the height of the structure, side and rear yard setbacks and height of the ceiling of the lower level above the adjacent grade, and

2. BZA direct that DCRA use the data in the report of the independent surveyor to determine whether or not the structure conforms with the requirements of the zoning regulations, and why, and ensure that any variations from these regulations be corrected by William Wahabi, and

3. BZA direct that DCRA send a copy of the report by the surveyor and DCRA's determination to the BZA for consideration as part of the decision process, and

4. BZA direct that DCRA send a copy of the report by the surveyor and DCRA's determination to ANC3F. 

_/s/ David J. Bardin                                                 /s/ Robert V. Maudlin______
David J. Bardin, Chair                                              Robert V. Maudlin, Secretary