ANC 3F recommends that this application be approved with the following modifications and clarifications:

·The combined height of the wall and fence above the sidewalk will be no more than 4’6” at the northernmost point on 39^th Street, N.W., next to the retaining wall in front of 4411 – 39^th Street.The combined height of the wall and fence will taper down to no more than 4’ above the sidewalk at the intersection.The combined height of the wall and fence will be no more than 4’ above the sidewalk along Yuma Street for a distance of 58 feet.At this point the fence will turn perpendicular to the sidewalk to join the existing fence.The wall will continue east without a fence toward the public alley.

·The height of the wall will vary according to the difference in elevation between the yard and sidewalk.At the northernmost point on 39^th Street, it will be no more than 2’4” high and may be less.This will taper down to no more than 18” high at the intersection of the sidewalks.The wall will be no more than 18” high for the first 58 feet along Yuma Street from the intersection to the point where the fence turns to meet the existing fence.From that point it will taper down to a few inches above the ground and terminate at a point five feet west of the public alley.

·The height of the fence will be uniformand approximately 30” (2’6”), except where slight adjustments may have to be made to maintain consistency in overall height of the wall/fence combination. The tips of the pickets will form a roughly horizontal plane.

·The wall will abut the sidewalk so there is no gap where weeds might go.The foundation for the wall will be channeled under the sidewalk.

·The homeowner will keep public space around his property weed-free and remove snow on the sidewalks within 24 hours of a snowstorm.

DISCUSSION

1.The Application.ANC 3F has received an application to build a stone wall/fence combination adjacent to the sidewalks on 39^th and Yuma Streets at 4409 – 39^th Street, N.W.An elevation shows that the retaining wall is proposed to be 2’4” above the grade of the sidewalk; the fence would be an additional 3’6” high; and together the wall and fence would measure 5’10” above the grade of the sidewalk. The land inside the wall, which is higher than the sidewalk, would be leveled to meet the top of the retaining wall.The plat of the property seems to indicate that the wall/fence combination would extend along both sidewalks from 4411 – 39^th Street to within a few feet of the public alley off Yuma Street.[1]The drawing is unclear whether the wall would be flush with the sidewalk.

2.Existing Conditions.At present there is no structure immediately adjacent to the sidewalk on either 39^th or Yuma Street in front of this property.Instead, a hedge and ivy border the sidewalks.The hedge and ivy had become overgrown, but the property owner recently trimmed ivy that had been growing over the sidewalk and cut down weeds growing in the hedge.In the “public parking” along Yuma Street there is a relatively new five-foot high alternating board fence with lattice topper that extends from the public alley about 50 feet west toward 39^th Street.This fence is parallel to and set back 4’9” from the sidewalk.[2]

In the immediate vicinity, there are a number of stone retaining walls next to the sidewalk.These vary in height depending on the elevation of the adjacent property.Most notably, there is an 18” high stone retaining wall along the sidewalk in front of 4411 – 39^th Street, N.W., which this proposed wall would join.There also is a picket fence next to the sidewalk in front of 3815 Yuma Street, the property across the alley.

3.Neighborhood Comments.ANC 3F received the following comments:

· The combined wall and fence are too high. The height of this combination would seem fortress-like and unfriendly.

· The 5’10” overall height of the wall/fence would obscure views of approaching traffic at the intersection of Yuma and 39^th Street and at the public alley, as the existing fence does.

·A high wall would pose a danger to children riding bikes on the sidewalk, who could scrape their elbows.(This comment was later withdrawn when the resident realized she was thinking the wall itself would be 6’ high.On the south side of Yuma facing this property are 3’6” high retaining walls.)

· This wall/fence combination would be out of character with the rest of the neighborhood, where along the sidewalks are low walls, low fences, hedges, or nothing at all. Few properties in the neighborhood have wall/fence combinations along the sidewalk.

·This would be an attractive improvement to the current vegetation and weeds that the property owner has allowed to grow next to the sidewalk and over it.What will the landscaping be, and how will it be maintained? 

4.Discussion with the property owner.Commissioner Cathy Wiss, ANC 3F06, met with the property owner and his contractor on September 13, 2003.They clarified that the wall is envisioned as a retaining wall to prevent erosion.Some erosion can be seen under the ivy.

The height of the retaining wall would not be the same all around the property, nor would most of the wall have to be 2’4” high.The yard is elevated over the sidewalk but mostly level, while the sidewalk slopes down toward the north on 39^th Street. The difference in elevation between the yard and sidewalk at the northernmost point along 39^th Street measures 2’4”.The difference in elevation at the intersection of 39^th and Yuma Streets is only 18”.This roughly 18” difference in elevation continues along Yuma Street, but diminishes near the public alley.

The fence is intended to keep people inside the yard from falling off the wall inadvertently.It could be much lower than 3’6”.If the height of the wall has to be increased, the height of the fence can be reduced so as not to exceed the overall height limitation.The fence would not extend the entire 156 feet around the property, as the plat seems to indicate.It would start at the retaining wall in front of 4411 – 39^th Street, extend south to the intersection, run 58 feet east along Yuma Street, then turn north to join the existing fence.The existing fence would remain.The wall would continue east without a fence past this point and end 5 feet from the public alley.This section of the wall can taper off to become flush with the ground near the alley.The only fence at the alley would be the existing one.

The wall would abut the sidewalk so that no weeds could grow between it and the sidewalk.The foundation would be channeled under the sidewalk.Where the fence is installed, the hedge would be removed and grass planted in its place.Where there is no fence, the hedge would remain.

The property owner attended the ANC meeting on September 15, 2003, and agreed to the modifications listed above.

Approved at a duly noticed public meeting of ANC 3F on September 15, 2003, by a vote of 4-1-0, with a quorum present (a quorum being 4).