3F01 - Phil Kogan
3F02 - Karen L. Perry
3F03 - Robert V. Maudlin
3F04 - David J. Bardin
3F05 - Doug Mitchell
3F06 - Phil Heinrich
3F07 - Duane Fitzgerald

Jerrily R. Kress, Executive Director
Board of Zoning Adjustment
441 4th St. NW ­ Suite 210
Washington, DC 20001

Re: Potomac Foods Company II, Inc.'s application "for a special exception under Section 214 to continue the use of an existing accessory parking lot in an R-1-B District at premises 4422 Connecticut Avenue, NW (Square 1971, Lot 822)."

Dear Ms.. Kress:

ANC 3F considered the application of Potomac Foods Company II, Inc. for a special exception to continue the use of an existing accessory parking lot in an R-1-B District at 4422 Connecticut Avenue, NW, at a regular, duly-noticed ANC monthly business held on February 14, 2000, with all seven of the commissioners present (a quorum constituting four commissioners) and reached the following conclusion unanimously, by a vote of 7 in favor and none against or abstaining:

ANC 3F does not object to granting Potomac Foods Company II, Inc. a special exception provided that:

a) The exception be granted for only two years;

b) Potomac Foods Company II remove the dumpster in the parking lot used for kitchen grease, and replace it with a system that accumulates the kitchen grease inside the restaurant building until it is disposed of off site; and

c) Potomac Foods Company II reduce the audio volume of the drive-through speakers at the back of the restaurant to a level that does not disturb residential neighbors and, in no event, to more than 60 decibels.

Before reaching its conclusion ANC 3F heard from applicant's district manager (Mr. Jimmy Lopez) and applicant's attorney (Allison C. Prince, Esquire) and considered the following reported concerns of residents in the neighborhood:

1. Neighbors living behind the accessory parking lot have complained of noise from the drive-through speakers, noise from late-night use of the parking lot and from the loading and unloading of dumpsters in the parking lot, and have also complained of rats resulting from the overflow of these dumpsters;

2. Many of these same concerns arose when Potomac Foods Company II last obtained a special exception for the parking lot five years ago; and

3. Frequent turn-over of managers at the facility tends to frustrate compliance with applicants' commitments in practice, notwithstanding applicants' policy commitments.

Moreover, ANC 3F understands that a maximum 60 decibel level is in line with residential area standards and that applicant expects to be able to operate significantly below that level.

Please let us know if you have any questions.

Faithfully,

/s? David J. Bardin
David J. Bardin, Chair, ANC 3F