1. WHEREAS: Application 16611 was filed with the Board of Zoning Adjustment (BZA) on behalf of the Edmund Burke School on July 7, 2000, using BZA Certification Form 1, Zoning Self-Certification Form; and

2. WHEREAS: the most recent pre-hearing statement describing the project which is the subject of Application 16611 was provided to ANC 3F on April 10, 2001; and

3. WHEREAS: BZA Application No.16611 requests special exceptions for use as a private school of Lots 27, 28, and 65 in Square 2243, addressed at 4101 and 4103 Connecticut Avenue and 2969 Upton Street NW which are currently zoned R-5-D; and

4. WHEREAS: Application 16611 requests relief from Section 411 of the Zoning Regulations to allow more than one roof structure housing mechanical equipment; and

5. WHEREAS: representatives of the Edmund Burke School and residents of ANC 3F appeared at duly noticed public meetings of ANC 3F on March 13, 2000, October 11, 2000, January 16, 2001, and April 23, 2001, a quorum being present at each meeting, to discuss Application 16611; and

6. WHEREAS: Section 206 of the Zoning Regulations provides that a special exception for use as a private school may be granted if said school "is not likely to become objectionable to adjoining and nearby property because of noise, traffic, number of students, or otherwise objectionable conditions"; and

7. WHEREAS: the Edmund Burke School, Howard University Law School, the Levine School of Music, the Hillwood Museum, and the Embassy of the Netherlands are all located within approximately one half mile to the east of the Connecticut Avenue and Upton Street intersection; and

8. WHEREAS: several thousand ANC 3F residents live within a short distance of these institutions which already generate very heavy traffic and parking demands on Upton Street, Van Ness Street, Tilden Street, and 29th Street east of Connecticut Avenue as well as on Connecticut Avenue itself; and

9. WHEREAS: the proposed addition to the Burke School would produce a nearly 20 percent increase in school generated traffic in a residential neighborhood already saturated with traffic thereby creating objectionable conditions within the meaning of the zoning code; and

10. WHEREAS: the District Division of Transportation (DDOT) draft report of April 6, 2001, opposes the Application 16611 because of traffic congestion and traffic safety problems; and

11. WHEREAS: the traffic circulation plan contained in the pre-hearing statement provided to ANC 3F on April 10 contains numerous traffic conflict points that threaten the safety of pedestrians and students; and

12. WHEREAS: a proposed layby in front of the existing school would destroy three mature trees and create a safety hazard for pedestrians and students by narrowing a sidewalk that provides direct access to the addition and to Connecticut Avenue; and

13. WHEREAS: a proposed layby in front of the new school building on Upton Street would create a safety hazard for pedestrians and students by narrowing a sidewalk that provides direct access to the addition and to Connecticut Avenue; and

14. WHEREAS: Mr. Ken Laden, an official of DDOT, has stated DDOT’s opposition to a proposed layby in front of the new school building on Upton Street; and

15. WHEREAS: a proposed layby on Connecticut Avenue would eliminate neighborhood parking spaces and create a safety hazard for pedestrians by narrowing a heavily used sidewalk that provides direct access to and from the Connecticut Avenue commercial district and to and from the Van Ness Metro stop; and

16. WHEREAS: the subject application proposes on-site parking which falls short of the minimum required by the zoning code;

17. WHEREAS: the Burke School provides no on-site space for outdoor student recreation activities and such activities occur on neighborhood streets, on Howard University's campus in violation of the University's existing BZA Order, and on the property of others in the neighborhood; and

18. WHEREAS: the addition to the Burke School would provide no on-site outdoor recreational space for Burke students which would maintain existing practices thereby creating an objectionable condition within the meaning of the zoning code; and

19. WHEREAS: the Edmund Burke School during the past two years has been unable to implement an effective traffic management and student drop off and pick up plan that addresses existing conditions; and

20. WHEREAS: the Edmund Burke School has failed to comply with the conditions of BZA Order 13986 issued October 4, 1983, and has exceeded the caps set in condition 4 of said Order by 29 students (10%) and 29 faculty/staff (67%) and has exceeded the maximum three events per month set in condition 5 of the BZA Order.

THEREFORE, BE IT RESOLVED THAT: ANC 3F recommends that the BZA deny the application for a special exception for the Burke School; and

THEREFORE, BE IT FURTHER RESOLVED THAT: ANC 3F authorizes Commissioners Karen Perry and Phil Kogan to formally represent ANC 3F in order to present the views of ANC 3F on this matter in proceedings before the BZA.

______________________________________________________________________________

Approved by vote of 3-2-1 at a duly noticed meeting on April 23, 2001 with a quorum present.
Commissioner Bardin recused from consideration and vote.

/s/ David J. Bardin______                                 /s/ Robert V. Maudlin_____
Chair                                                                        Secretary