Res. 04-18

ANC 3F RESOLUTION

IN OPPOSITION TO AN APPLICATION TO OCCUPY PUBLIC SPACE

FOR THE PURPOSE OF CONSTRUCTING A PEDESTRIAN BRIDGE OVER A PUBLIC ALLEY, SQUARE 2243

Advisory Neighborhood Commission 3F
North Cleveland Park, Forest Hills, & Tenleytown
4401-A Connecticut Avenue, N.W., Box 244
Washington, D.C. 20008

WHEREAS, the District of Columbia Public Space Permits and Records Branch has received an application for a “Pedestrian Bridge” to be built above a public alley in Square 2243 in a residential neighborhood; and

WHEREAS, the proposed “Pedestrian Bridge” would connect two lots in a residential R-2, R-5 neighborhood; and

WHEREAS, ANC 3F knows of no precedents in the District of Columbia for a “Pedestrian Bridge” in a residential neighborhood; and

WHEREAS, this pedestrian bridge will be visible and intrusive into the living space and bedroom windows of adjacent and nearby residential houses and apartment buildings; and

WHEREAS, §10-1121.02(1). Section 10-1121.04 governs leases of airspace in the District of Columbia and Section 10-1121.04 (2) requires, as a prerequisite to the mayor signing a lease for airspace, that: “The Zoning Commission of the District of Columbia, after public hearing and after securing the advice and recommendations of the National Capital Planning Commission, [determine] the use to be permitted in such airspace and has established regulations applicable to the use of such airspace consistent with the regulations applicable to the abutting privately owned property;” and

WHEREAS, according to D.C. Code § 10-1121.04(2)(emphasis added), “the only exemption from airspace rental provisions of the D.C. Code is for an area of the District of which this Property is not a part” (D.C. Code § 10-1121.13), and

WHEREAS, 11 DCMR §3010.2 (c) describes it as a contested case procedure; and

WHEREAS, the proposed “Pedestrian Passageway” has not been reviewed by the Zoning Commission and thus no approval has been given by the Zoning Commission pursuant to D.C. Code § 10-1121.04(2);

Res. 04-18

Pedestrian Bridge

Page 2

NOW, THEREFORE, ANC 3F recommends that the Public Space and Records Branch should dismiss or table the pending application for the “Pedestrian Bridge” until such time as the Zoning Commission has reviewed the application and given the necessary approvals; and

IN ADDITION, AND ALTERNATIVELY, ANC 3F recommends that the Public Space and Records Branch should deny the application because it would set a damaging precedent for all residential neighborhoods in the District of Columbia, permitting any owner of two lots fronting on a common alley or located across a public street from each other to request permission to connect the lots with a “Pedestrian Passageway” and

ANC 3F hereby authorizes Stephen Dennis, Karen Perry, and Bob Maudlin to represent ANC 3F before the Public Space Committee on this application.

Approved by a vote of 4-1-1 (1 recusal) at a duly noticed public meeting on May 17, 2004, with a quorum present (four commissioners constituting a quorum).

/s/ Karten Lee Perry /s/ Cathy Wiss

Karen Lee Perry, Chair                  Cathy Wiss, Secretary