Res. 06-25

ANC 3F RESOLUTION

BZA Application #17527

Special Exception for Continued Use of a Parking Lot on the Alley

at the Rear of 4418-4420 Connecticut Avenue, N.W.

Advisory Neighborhood Commission 3F

North Cleveland Park, Forest Hills, and Tenleytown

4401-A Connecticut Avenue, N.W., PMB 244

Washington, D.C. 20008-2322

WHEREAS, on June 6, 2006, John R. Klein filed BZA Application No. 17527 for renewal of a five year special exception to continue operating a parking lot on the alley at the rear of the applicant’s office and retail building at 4418-20 Connecticut Avenue, pursuant to 11 DCMR §3104.1 and §213; and

WHEREAS, the applicant has also cited in the narrative the requirements of Section 214 and requested a waiver from the requirements of Chapter 23, sub-section 2303.3; and

WHEREAS, the parking lot, zoned R-1-B, is within the boundaries of ANC 3F; and

WHEREAS, the applicant attached corrected BZA order No. 16659, dated June 13, 2001, which shows that ANC 3F voted not to object to the previous application for a special exception for this parking lot, provided that “the trash on the premises is picked up and placed inside a dumpster with a lid that is kept closed;” and

WHEREAS, the BZA also considered this same parking lot as part of Application No. 17226 of John Klein by tenant ZIPS Dry Cleaners for a special exception to expand an existing dry cleaning establishment by 1,159 square feet; and

WHEREAS, the BZA issued a Summary Order on the ZIPS case, dated November 4, 2004, granting this application subject to the following condition:

“The Applicant shall employ a traffic coordinator at the site on Mondays and Fridays from 7 a.m. to 10 a.m. and on Saturdays from 8 a.m. to 7 p.m. to promote lawful parking by customers. This condition shall expire on June 13,2006, when the special exception granted under BZA Application No. 16659 (CORRECTED ORDER) for the use of the parking lot that is located behind the dry cleaning establishment expires.”

WHEREAS, in an inspection of the premises by several ANC Commissioners, it was noted that trash accumulated on the property and that some of the parking signs were damaged and bent; and

WHEREAS, the landscape contract from Green Scene Landcaping re Zips Dry Cleaners, attached as part of the Applicant’s filing, shows that trash and debris from the parking area, sidewalks and beds will only be performed four times a year, that planting beds, shrubs and trees, will only be mulched once a year, and that leaf removal and cleanup of other debris will only occur once a year in the spring; and

WHEREAS, ANC 3F has received no other contracts for landscape and maintenance of this parking lot on behalf of the other tenants using the parking lot; and

WHEREAS, no provisions have been made for sign repair; and

WHEREAS, BZA Order 16659 contained twelve conditions, most of which ANC 3F wishes to see continued and/or expanded; and

WHEREAS, the Board of Zoning Adjustment has scheduled a hearing for this Application on October 17, 2006; and

WHEREAS, ANC 3F will exercise its right to party status in this case,

NOW, THEREFORE, BE IT RESOLVED, ANC 3F does not object to BZA Application No. 17527, provided that the following conditions are incorporated into a new Order:

1.    Approval should be for a period of one year.

2.    Nineteen (19) parking spaces shall be provided on the site, thirteen (13) of which will remain designated to ZIPS Dry Cleaning Service.

3.    The hours of operation shall not exceed 7:00 a.m. to 9:00 p.m.

4.    The Applicant and/or ZIPS shall employ a traffic coordinator at the site on Mondays and Fridays from 7 a.m. to 10 a.m. and on Saturdays from 8 a.m. to 7 p.m. to promote lawful parking by customers.

5.    All areas devoted to driveways, access lanes, and parking areas shall be paved.

6.    Wheel stops shall remain installed.

7.    All parts of the lot shall be kept free of refuse and debris, and shall be paved or landscaped at all times.

8.    No vehicle or any part thereof shall be permitted to project over any lot or building line, or on or over public space.

9.    The garbage container/dumpster shall remain at the location identified on the site plan submitted with BZA order 16659;

10.  Trash and other debris is collected on a daily basis and placed inside a dumpster with a lid that is kept closed.

11.  Landscaping shall be provided as identified in the landscaping proposal, dated February 13, 2001, and contained as Exhibit 29, submitted with BZA Order 16659.

12.  Landscaping shall be maintained in a healthy, growing condition, and in a neat and orderly appearance at all times.

13.  All signage at the parking lot shall be maintained and damaged and bent signs shall be repaired and/or replaced on at least a quarterly basis.

14.  Any lighting used to illuminate the parking lot shall be arranged so that all direct rays of such lighting be confined to the surface of the parking lot.

BE IT FURTHER RESOLVED, ANC 3F does not object to the waiver from the requirements of Chapter 23, sub-section 2303.3, as long as landscaping provides a buffer from the residential neighborhood; and

BE IT FURTHER RESOLVED, ANC 3F designates Commissioners Klibanoff, Perry, and Winstead to represent it before the BZA.

Adopted September 18, 2006, by a vote of 4-2-0 at a duly noticed public meeting with a quorum present (a quorum being four).

 /s/ Cathy Wiss                                             /s/ Daniel Klibanoff
Cathy Wiss, Chair                                       Daniel Klibanoff, Acting Secretary