Res 06-07

ANC 3F RESOLUTION CONCERNING FMBZA APPLICATION NO. 17481,

 THE REPUBLIC OF HUNGARY, 3900 SHOEMAKER STREET, NW.

 AND 2950 LINNEAN AVENUE, NW.

Advisory Neighborhood Commission 3F

North Cleveland Park, Forest Hills & Tenleytown

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

Washington, D.C. 20008-2322

WHEREAS: The Republic of Hungary, 3900 Shoemaker Street NW (square 2231, lot 3) and 2950 Linnean Avenue NW (square 2231,lot 6), has applied for a permit to renovate and expand its chancery in a R-5-D and R-1-A zoned area; and

WHEREAS: 2950 Linnean Avenue NW is part of a Planned Unit Development which up-zoned the property from R-1-A to R-5-D for the purpose of constructing a Hungarian Embassy and chancery as a single building (Zoning Commission Order 106); and

WHEREAS: 3900 Shoemaker Street NW and 2950 Linnean Avenue NW are two separate properties, for distinct uses, located within ANC3F; and

WHEREAS: 2950 Linnean Ave NW is zoned R-5-D and subject to the Foreign Missions Act; and

WHEREAS: 3900 Shoemaker St. NW is zoned R-1-A and unless approved by the FMBZA, is not eligible under the Foreign Missions Act for use as a chancery; and

WHEREAS: ANC 3F believes that the United States has fulfilled its responsibility under the Foreign Missions Act of 1982 and the Vienna Conference on Diplomatic Relations by providing an embassy and chancery at 2950 Linnean Avenue NW; and

WHEREAS: ANC 3F was presented with the plans for the renovation and new building at two public noticed meetings; on February 13, 2006; and March 13, 2006; and

WHEREAS: The application requests to renovate the chancery at 2950 Linnean Avenue NW (square 2231, lot 6) by expanding the structure and resurfacing the outside; and

WHEREAS: The application also requests the demolition of a single family detached dwelling at 3900 Shoemaker Street NW (square 2231, lot 3) and construction of a mixed use (office space and residential) building, containing four residential units in a R-l-A zone; and

WHEREAS: R-1-A zoning provides for a minimum rear yard of 25'-0” and side yard of 8'-0”; and

WHEREAS: at 3900 Shoemaker Street NW, the rear yard will shrink to 8'-10” in places and the side yard will shrink to 7'-5"; and

WHEREAS: The current designated use for 3900 Shoemaker Street NW is for a single family dwelling; and

WHEREAS: 3900 Shoemaker Street is subject to the Forest Hills Tree and Slope Overlay, which provides for a maximum lot occupancy of 30%, and a maximum amount of impervious surface of 50%; and

WHEREAS: The proposed construction would increase the lot occupancy at 3900 Shoemaker Avenue NW to 38% and the impervious surface area to 60%;

WHEREAS, the trees proposed for removal exceed the number of circumference inches that can be removed under the Forest Hills Tree and Slope Protection Overlay; and

THEREFORE BE IT RESOLVED THAT: ANC 3F does not oppose the renovation of the chancery at 2950 Linnean Avenue; and

BE IT FURTHER RESOLVED THAT: ANC 3F does not support the proposed building at 3900 Shoemaker Street NW because the proposed building would not conform with the use, rear yard and side yard setbacks for an R-1-A zone district or with the lot occupancy, impervious surface, and tree removal provisions of the Forest Hills Tree and Slope Overlay; and

BE IT FURTHER RESOLVED THAT: Commissioners Daniel Klibanoff, Karen Perry and Frank Winstead are designated to represent ANC 3F in this matter to the Foreign Mission Board of Zoning Adjustment.

______________________________________________________________________________

Adopted March 13, 2006, at a duly noticed public meeting with a quorum (a quorum being four) present by a vote of 6-1-0.

    /s/ Cathy Wiss                                              /s/ Robert V. Maudlin

   Cathy Wiss, Chair                                        Robert V Maudlin, Acting Secretary