Advisory Neighborhood Commission 3F

North Cleveland Park ▪ Forest Hills ▪ Tenleytown

3F01 - Carl R. Kessler, Treasurer

3F02 - Karen L. Perry, Vice Chair

3F03 - Robert V. Maudlin

3F04 - David J. Bardin, Secretary

3F05 - Judith M. Bernardi

3F06 - Catherine J. Wiss, Chair

3F07 - Stephen N. Dennis

4401- A Connecticut Avenue, N.W. No. 244

Washington, D.C. 20008-2322

web site: www.anc3f.org

e-mail: ANC3F@juno.com

Phone: 202.363.6120

Fax: 202.686.7237

November 17, 2003

Mr. Geoffrey Griffis, Chairman

Board of Zoning Adjustment

441 Fourth Street, N.W., Suite 210-S

Washington, D.C. 20001

RE: BZA Application

Edmund Burke School

Dear Chairman Griffis:

At the conclusion of the Edmund Burke School Special Exception case on October 28, 2003, Commissioner Perry was asked to have the ANC submit a letter by November 18, 2003, regarding the Howard University Campus Plan and the use of Howard University by the Edmund Burke School for its athletic practices and gym classes.

The use of Howard University was a continual theme throughout the Edmund Burke School Special Exception hearing, although as ANC 3F understands the proceedings, the Board of Zoning Adjustment has no authority to approve or disapprove the use of Howard University by the Edmund Burke School and that the university campus plan is within the purview of the Zoning Commission.

As requested by the BZA, ANC 3F will mostly limit this letter to the current Howard University Campus Plan Order and will not submit for the record previous Howard Campus Plan orders. o It should also be noted the 1998 Order was written by the Zoning Office staff based on the 500-page campus plan submission made by Howard University, and that it was not until Toye Bello joined the staff of the Zoning Office and the BZA and ANC training sessions occurred that ANC’s learned that all documents and the plan itself on which the BZA and Zoning Commission based their decisions had to be made a part of the operating conditions to an Order.

At the same time, there is sufficient evidence in the 1998 Order to document the fact that Howard University is not entitled to have an “athletic field” under its existing Campus Plan. We were requested to submit the 1998 Howard University Order and the Burke School 1983 Order and highlight those sections of the Orders that pertain to the use of the “playing fields.”

1. BZA Order 13986, dated October 4, 1983, of the Edmund Burke School, states in the Findings of Fact, No. 19, that “The School’s outdoor recreational activities are located off the subject site on the grounds of the Howard University Law School approximately 250 feet away. Students walking to the field are supervised by the physical education teacher. Fewer trips are planned to the field since the proposed gymnasium will accommodate additional activities than presently occur.”

This was based on testimony from the Edmund Burke School and no one from Howard University, the ANC, or the neighborhood testified during the BZA hearing.

2. In Howard University BZA order 16110, dated February 18, 1998:

A. Page 2, paragraph 3, on February 12, 1997, the revised West Campus Plan was submitted to the Office of Zoning, ANC 3F, and the office of Planning.

B. Summary of Evidence, page 5, “the subject property is also improved with a gazebo that is used by students, faculty and employees for passive recreational purposes.”

C. Summary of Evidence, page 5, No. 8, In support of its 1974 application, the applicant projected a daytime population of approximately 450 students, 41 faculty and 173 staff. The applicant stated that it planned to use the existing buildings on the site and had “no present intention” of constructing any new buildings. No athletic or comparable facilities were planned.” Finding of Fact #5 from the 1974 order, states, “Howard University will not maintain any athletic or comparable activities which will create unusual noise or traffic conditions which may adversely affect nearby residential uses.”

D. Page 6, No. 11, “The applicant submitted an Updated West Campus Plan on October 6, 1995, to the Board. Nothing in the 1995 West Campus Plan or the BZA’s 1993 Howard Order changes the uses of the campus. Page 17 of the Updated West Campus Plan (attached), states “Since about 1995, the West Campus has been used exclusively for the School of Law. The West Campus operates between the hours of 7:00 a.m. to midnight, seven days a week. The campus is used primarily by the School of Law and most of its activities occur indoors. The primary outdoor activities consist of the graduation ceremony (in appropriate weather) and students studying and meeting on the grounds of the School of Law. There is no athletic program requirement for the School of Law and no athletic activities take place on the West Campus. No part of the West Campus is used by the University for outdoor activities.” This is what led to Number 16 in the Summary of Evidence on Page 7 that states, “The West Campus operates between the hours of 7:00 a.m. to midnight, seven days a week. The campus is used as a law school and most of the school’s activities occur indoors. The primary outdoor activity consists of people studying and meeting on the grounds of the law school.”

E. Page 8, No. 20, “The Updated Campus Plan proposes to build upon the existing vegetation types and patterns of landscaping to create both formal and informal planting areas. The existing vegetation would be maintained and enhanced to beautify the campus, as well as to screen the campus from neighboring uses.” The landscaping plans submitted by the applicant in the campus plan, and referenced above, show the questioned “playing fields’ as landscaped areas.

F. Page 9, No. 25, “By letter dated August 14, 1997, and oral testimony at the public hearing, ANC 3F voted to support the application. In reaching its decision, the Chairperson of ANC 3F testified that extensive negotiations between the ANC and the law School resulted in proposed operating standards…” “… the applicant concurred that an agreement was reached with the ANC….”

ANC 3F, in recommending approval, with conditions, to the Howard University School of Law relied on verbal assurances from University Officials and letters from University Officials, all of which indicated Howard University School of Law’s agreement that the school’s campus was to be restricted for use by the Howard University Law School and Howard University Law School events only and that any other uses would be prohibited with the exception being the use of the Chapel which is controlled by the Dean of the Chapel. (See attached letter from Robert Malson, December 17, 1996, which states “One of the Commissioners asked me to look into the matter of the use of the West Campus for events unrelated to the Law School. I talked today with Denise Purdie, the Law School’s Assistant Dean for Student Affairs. She indicated that the use of the buildings and grounds is restricted to Law School or Law School-related events….”

G. Based on Summary of Evidence Number 16, and contained in Item D of this letter, the Operating Condition #12 in the BZA order states, “No outdoor events shall take place on the West Campus to cause excessive noise (e.g., music, loudspeakers, etc.) with the exception of graduation.”

This letter was approved by a vote of 3-2-1 at a duly noticed meeting of ANC 3F on November 17, 2003, with a quorum present (four constituting a quorum.

Sincerely,

/s/ Cathy Wiss

Cathy Wiss, Chair

ANC 3F

CC: Edmund Burke School

All Parties to the Application