April 15, 2002
 

Ms. Carol Mitten, Chair
D.C. Zoning Commission
441 - 4^th Street, N.W.
Room 210
Washington, D.C. 20001

RE: Request for Authorization to Rescind Covenant Pertaining to 4500 Wisconsin Avenue, N.W. (Lot 15, Square 1730)

Dear Chair Mitten:

This is in response to the March 15, 2002, letter from Alberto Bastida, Secretary to the Zoning Commission, notifying ANC 3F of the request from HQ Acquisitions, LLC, to rescind a 1940 covenant pertaining to its property located at 4500 Wisconsin Avenue, N.W., and allowing our ANC an opportunity to provide comments.

Although this property is within ANC 3E, it is less than two blocks from ANC 3F, and its redevelopment is of high interest to ANC 3F residents because of its potential direct impacts on these residents. This Commission has reviewed the proposed redevelopment extensively. Representatives of HQ Acquisitions have come before our ANC on numerous occasions to inform the Commission about plans for the property, including our regularly-scheduled monthly meetings on September 10, 2001 (conceptual presentation for redevelopment of the property); on October 15, 2001 (presentation concerning an application to the Historic Preservation Review Board for concept approval of restoration and a four-floor addition); and on March 18, 2002 (presentation concerning a request to the Board of Zoning Adjustment for variances on building height, recreation space, and parking aisle width and a special exception for retail parking for the proposed redevelopment). At the October 2001 monthly meeting, the Commission approved ANC 3F RESOLUTION NOT OBJECTING TO THE CONCEPT OF ALTERING THE LANDMARKED PROPERTY AT 4500 WISCONSIN AVENUE, N.W., BY ADDING FOUR FLOORS OF HOUSING ABOVE THIS HISTORIC STRUCTURE (Resolution 01-22). On March 18, 2002, the Commission approved ANC 3F RESOLUTION CONCERNING BZA APPLICATION NO. 16857 FOR 4500 WISCONSIN AVENUE, N.W. (SEARS/HECHINGER'S BUILDING) (Resolution 02-10). Copies of both resolutions are enclosed. Furthermore, a representative of ANC 3F appeared and testified before both the HPRB and BZA concerning the proposed redevelopment of this property.

At its regularly-scheduled monthly meeting on April 15, 2002, ANC 3F considered the request to rescind the 1940 covenant, which requires that the owner of the property receive Zoning Commission approval for any change to the entrances and exits or for any addition to the building. This is a covenant running with the land that falls within the jurisdiction of the Zoning Commission. In this case, ANC 3F defers to the judgment of the Zoning Commission to decide whether to hear the case, and if it does so, whether or not to rescind the covenant.

This letter was adopted by ANC 3F by a vote of 7-0-0 at a duly-noticed public meeting on April 15, 2002, with a quorum of its seven commissioners present.

Sincerely, 

/s/ Cathy Wiss
Cathy Wiss
Chair, ANC 3F

Enc.: ANC 3F Res. 01-22
ANC 3F Res. 02-10

CC: Jill Diskan, Chair, ANC 3E
Armond Spikell, HQ Acquisitions