WHEREAS, the D.C. Register for February 1, 2002, gives BZA public hearing notice for Tuesday, March 19, 2002, for Civil Infraction Appeal Case No. 99-OAD-1821E-Kuri Brothers, Inc. v. DCRA - Automobile repair garage operating without a certificate of occupancy at premises 4221 Connecticut Avenue, N.W. (Square 2051, Lot 5), and

WHEREAS, this property is within ANC 3F in Single Member District 3F02, and

WHEREAS, ANC 3F has been a party to this case since 1989, when DCRA first issued a civil infraction fine to Van Ness Auto Care for operating 15 service bays in the basement of 4221 Connecticut Avenue, N.W., without a proper certificate of occupancy and in violation of the C-3-A zoning which prohibit an automobile repair garage, and

WHEREAS, the defendent Koo Yuen, owner of Van Ness Auto Care, paid the fine in 1992, and continued operating the service bays in violation of the zoning regulations and did not apply for a special exception to the zoning from the Board of Zoning Adjustment, and

WHEREAS, DCRA again issued a civil infractions fine in March 1992, for operating the same prohibited automobile repair garage, and

WHEREAS, in May 1992, the Office of Adjudication found the Tenant Koo Yuen had been operating an automobile repair garage without a certificate of occupancy and ordered that such use immediately cease and desist, and

WHEREAS, the Board of Zoning Adjustment, by Order dated March 30, 1998, upheld the decision of the Office of Adjudication, and

WHEREAS, Kuri Brothers, Incorporated, a subtenant of Koo Yuen, still operating as Van Ness Auto Care, was issued Notice of Infraction #033729, dated April 27, 1999, for operating an automobile repair garage within a C-3-A zoned area without a Certificate of Occupancy, and

WHEREAS, by Order dated December 27, 1999, the Office of Adjudication once again found that the Property was being occupied illegally this time by the Subtenant, Kuri Brothers. Specifically, the order held that the Property was being used as an automobile repair garage which is not permitted under the D.C. Zoning Regulation, 11 DCMR 741, without a valid certificate of occupancy; and, further, the Administrative Law Judge ordered the Subtenant to cease and desist operations at the Property unless and until it obtained special exception approval for use through the Board of Zoning Adjustment, and

WHEREAS, for at least 12 years, the Tenant, Koo Yuen, and his subtenant, Kuri Brothers, have been operating an automobile repair garage at the Property illegally and have expanded the illegality from fifteen service bays to twenty-one service bays, showing a substantial and deliberate pattern and practice of illegal conduct, and

WHEREAS, this illegality has now been heard by 3 different Adjudicating Law Judges, and once by the BZA in April 1995, at which time the BZA issued a ruling upholding the decision of the Adjudicating Law Judges in 1998, that these service bays were operating without a certificate of occupancy and in violation of the C-3-A zoning, and

WHEREAS, this ongoing activity, only allowed in Industrial Zoning, poses an on-going public health and safety danger to the residents of the adjoining residential apartment building,

BE IT RESOLVED, that ANC 3F, requests the Board of Zoning Adjustment, uphold the decision of Lennox J. Simon, Administrative Law Judge, and his Order dated December 27, 1999, that NOI #032834 hereby and same is Upheld, Fine imposed is $500, Court cost is $40.00, for a total assessment of $540.00 made payable to the District of Columbia Treasurer, and his further Order that Respondent Kuri Brothers, Inc. Cease and Desist the operation of its Automobile repair garage at 4221 Connecticut Avenue, N.W. until such time that it obtains an exception from the District of Columbia Board of Zonng Adjustment, and

BE IT FURTHER RESOLVED THAT ANC 3F requests party status in this case and that Commissioner Karen Perry be designated as ANC 3F's representative before the Board of Zoning Adjustment.

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Adopted February 19, 2002, by a vote of 6-0-0 at a duly noticed public hearing with a quorum present.

/s/ Cathy Wiss_______________________                                     /s/David J. Bardin______________
Cathy Wiss, Chair                                                                             David J. Bardin, Secretary