Res. 06-27
ANC 3F RESOLUTION
REVOCATION
OF KURI BROTHERS CERTIFICATE OF OCCUPANCY
APPEAL TO THE BZA
Case
No. 17444
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, ANC 3F received notice from the
Board of Zoning Adjustment that Kuri Brothers, Inc. has filed an appeal
contesting the final determination of the District of Columbia Department of
Consumer and Regulatory Affairs revocation of Petitioner’s Certificate of
Occupancy (No. 33914), for an Automobile Service Center at 4225 Connecticut
Avenue, N.W., and contesting the determination of the District of Columbia
Department of Consumer and Regulatory Affairs to revoke Certificate of Occupancy
(No. 3351) for an Automobile Service Center, at 4221 Connecticut Avenue, N.W.,
both dated August 4, 2005.
WHEREAS,
the BZA held a hearing on April 25, 2006, and denied the appeal of Kuri
Brothers for the automobile service center at 4221 Connecticut Avenue, N.W.,
and ordered a separate hearing for the revocation of the permit for an
Automobile Service Center at 4225 Connecticut Avenue, N.W.; and
WHEREAS,
the premises 4225 Connecticut Avenue, N.W. (Square 2051, Lot 7) is within ANC
3F in Single Member District 3F02, and
WHEREAS,
Kuri Brothers, in 2000, applied for and received a Certificate of Occupancy for
a Motor Vehicle Fueling Station at 4225 Connecticut Avenue; and,
WHEREAS,
in 2002, Kuri Brothers, knowing that the Certificates of Occupancy for an
automobile service center at 4221 Connecticut Avenue, had been denied after
being the subject of numerous hearings before DCRA adjudicating law judges and
several BZA cases, decided to split the Motor Vehicle Fueling Station and
create a separate business for an automobile service center at 4225 Connecticut
Avenue; and
WHEREAS,
on May 14, 2002, Kuri Brothers, Inc., applied for a Certificate of Occupancy
for an automotive service center at 4225 Connecticut Avenue, indicating a
change of ownership, even though no such business existed at this site
previously and this new business was the office of the gas station for the
service bays located at 4221 Connecticut Avenue; and
WHEREAS,
Kuri Brothers, Incorporated, Koo Yuen, and Van Ness Auto Care have repeatedly
been cited and have known since 1990 that operating a repair garage in a C-3-A
Zone is a violation of the zoning as stated in an Order for 4221 Connecticut
Avenue, dated December 27, 1999, wherein ALJ Lennox Simon found that the
Property was being occupied illegally this time by the Subtenant, Kuri
Brothers. Specifically, the order held
that Kuri Brothers had an invalid Certificate of Occupancy for an “Automobile
Service Center”, a term that is not a defined or recognized under the D.C.
Zoning Regulations and that the term denotes the same type of activity which is
prohibited in a C-3-A zoned area, repair garage, and which is not permitted
under the D.C. Zoning Regulation, 11 DCMR 741, without a valid certificate of
occupancy. As background, the ALJ cited
that in 1998, the lessor, Mr. Yuen/Van Ness, Inc., after the BZA ruled against
him in 1998, filed a new application for a C of O and indicated that the new
operation would be an Automobile Service Center, even though no such entity in
zoning existed. Kuri Brothers, Inc,
(sub-lessor) elected to “piggyback” upon this concept; and
WHEREAS,
ALJ Lennox Simon, in his Order, dated December 27, 1999, regarding 4221
Connecticut Avenue, which is also true for 4225 Connecticut Avenue, stated;
1. “The
purpose of the D.C. zoning regulations is to insure the protection of the
health, welfare and safety of the public by bringing order to the location of
businesses and residential dwellings.
In this matter, ‘ ‘Repair Garages/Automobile Service Center’ produce
exhaust fumes, noise, and pollution.
This is the reason such entities are located in industrial zones. Repair Garages/Automobile Service Centers
are interchangeable terms and mean the same thing. Therefore, they should be treated as the same entity.”
2. “The
ALJ concludes that the subject building is zoned C-3-A, which permits specific
service, retail, and residential uses as a matter of right. Under the D.C. Zoning Regulations, a repair
garage is not a permitted use in a C-3-A zone area. Repair garage is defined in the Zoning Regulations as a buidling
or other structure, or part of a building or structure, with facilities for the
repair of motor vehicles, including body and fender repair, painting,
rebuilding, reconditioning, upholstering, equipping, or other motor vehicle
maintenance or repair activities.”
3. “Pursuant
to 11 D.C.M.R. §199, pp.1-17 (July 1995)(Definitions), a repair garage is only
permitted as a matter of right in the
C-M, Industrial District, and is subject to the standard of external effects,
including noise, emissions of fumes, vibrations, and other external effects.”
WHEREAS,
ANC 3F, does not support the applicant’s claim of laches and estoppel;
THEREFORE, BE IT
RESOLVED, that ANC 3F, requests the Board of Zoning
Adjustment, uphold the decision of the Zoning Administrator to vacate
Certificate of Occupancy No. 33914 for an Automobile Service Center at 4225
Connecticut Avenue, N.W., at 4221 Connecticut Avenue, N.W., and
BE IT FURTHER
RESOLVED, that ANC 3F does not object to a Motor
Vehicle Fueling Station at 4225 Connecticut Avenue, with the two existing
service bays, for minor repairs incidental to a gas station; and
BE IT FURTHER
RESOLVED, that ANC 3F respectfully requests that
the Office of the Attorney General, investigate and determine how and why DCRA
has repeatedly erred in issuing Certificates of Occupancy for an Automobile
Service Center, a term not defined or recognized under the D.C. Zoning
Regulations, and which denotes the same type of activity prohibited in a C-3-A
zoned area, and further requests that the Office of the Attorney General
immediately begin proceedings to close this illegal operation.
BE IT FURTHER
RESOLVED, that ANC 3F, send a copy of this
resolution and supporting documentation to the Office of Council member Kathy
Patterson, with a request that it be forwarded to the Committee on the
Department of Consumer and Regulatory Affairs under the oversight of Council
member Jim Graham for further investigation.
BE IT FURTHER
RESOLVED THAT ANC 3F will exercise its right to party
status in this case and that Karen Perry has been designated as ANC 3F’s
representative before the Board of Zoning Adjustment.
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Adopted September 18, 2006, by a vote of 4-0-1 at a duly noticed public hearing with a quorum present (4 being a quorum)
/s/
Cathy Wiss /s/ Dan
Klibanoff
Cathy Wiss, Chair Dan Klibanoff, Secretary