GOVERNMENT OF THE DISTRICT OF COLUMBIA Board of Zoning Adjustment * * *

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1 I GOVERNMENT OF THE DISTRICT OF COLUMBIA Bard f Zning Adjustment * * * Applicatin N f Jemal's KFC, LLC, pursuant t 11 DCMR , fr a variance frm flr area rati requirements under sectin 771, a variance frm the rear yard requirements under sectin 774, and a variance frm the parking requirements under subsectin , t permit the develpment f a tw-stry cmmercial building in the C-2-A District at premises' 1442 Pennsylvania Avenue, S.E. (Square 1065-NE, Lt 49).. HEARING DATE: January 6,2009 DECISION DATE: January 6, 2009 (Bench Decisin) SUMMARY ORDER SELF CERTIFIED The zning relief in this case was self-certified, pursuant t 11 DCMR The Bard prvided prper and timely ntice f the public hearing n this applicatin by publicatin in the D.C. Register and by mail t Advisry Neighbrhd Cmmissin (ANC) 6B and t wners f prperty within 200 feet f the site. The site f this. applicatin is lcated within the jurisdictin f ANC 6B, which is autmatically a party t this applicatin. ANC 6B submitted a reprt in supprt f the applicatin. (Exhibit 21) The Office f Planning (OP) als submitted a reprt in supprt f the applicatin. (Exhibit 25) Besides neighbrs filing letters and petitins f supprt (Exhibit 26), Tm W. Whalen, an wner f prperty in. Square 1065NE, testified in supprt f the applicatin at the public hearing. Mr. Whalen was nt a party t the applicatin. In additin, Gary M. Petersn testified in ppsitin t the applicatin at the public hearing n behalf f the Capitl Hill Restratin Sciety, which was nt a party t the applicatin. As directed by 11 DCMR , the Bard has required the Applicant t satisfy the burden f prving the elements that are necessary t establish the case pursuant t , fr variances frm the requirements f sectins 771, 774, and that there exists an exceptinal r extrardinary situatin r cnditin related t the prperty that 44141h Street, N.W., Suite 200/210-S, Washingtn, D.C Telephne: (202) Facsimile: (202) dcz@dc.gv Web Site:

2 , > n BZA APPLICATION NO PAGE NO.2 creates a practical difficulty fr the wner in cmplying with the Zning Regulatins, and that relief can be granted withut substantial detriment t the public gd arid withut substantially impairing the intent, purpse, and integrity f the zne plan as embdied in the Zning Regulatins and Map. N parties appeared at the public hearing in ppsitin t the applicatin. The reprt f ANC 6B, dated December 10, 2008 and marked as Exhibit 21 f the recrd in this case, stated. that the ANC vted at its public meeting t recmmend apprval f the applicatin as presented. In additin, the reprt expressed the ANC's belief that the Applicant had carried its burden f prf fr the requested variance relief, prvided that the terms f the memrandum f understanding ("MOU") between the Applicant and the neighbring prperty wners wuld be incrprated int the rder as cnditins f the Bard's apprval f the applicatin. The Bard believes that the matters addressed by the specific terms f the MOU are nt relevant t the variance relief requested in this case and hereby cncludes that the ANC did nt intend its supprt f the applicatin t be cntingent upn the inclusin f thse terms as cnditins in the Bard's rder. Accrdingly, a decisin by the Bard t grant the applicatin wuld nt be adverse t any party. Based upn the recrd befre the Bard, and having given great weight t the ANC and OP reprts, the Bard cncludes that the Applicant has met the burden f prving under 11 DCMR 771, 774, , and that there exists, an exceptinal r extrardinary cnditin r situatin related t the prperty that creates a practical difficulty fr the wner in cmplying with the Zning Regulatins, and that the relief can be granted withut substantial detriment t the public gd and withut substantially impairing the intent, purpse, and integrity f the zne plan as embdied in the Zning Regulatins and Zning Map. Pursuant t 11 DCMR , the Bard has determined t waive the requirements f 11 DCMR , that the rder f the Bard be accmpanied by findings f fact and cnclusins f law. It is therefre ORDERED that this applicatin (pursuant t Exhibit N.9 - Plans) be GRANTED. VOTE: (Ruthanne G. Miller, Gregry N. Jeffries, Mary Oates Walker, t apprve. Shane L. Dettman, and Marc D. Lud, nt present and nt vting.) BY ORDER OF THE D.C. BOARD OF ZONING ADJUSTMENT Each cncurring Bard member has apprved the issuance f this rder.

3 . BZA APPLICATION NO PAGE NO.3 ~. ATTESTED BY:.~ /RrCHA S. NERO, JR. f Acting Directr, Office f Zning FINAL DATE OF ORDER: JAN (0) 8 ~IID@~ UNDER 11 DCMR , "NO DECISION OR ORDER OF THE BOARD SHALL TAKE EFFECT UNTIL TEN DAYS AFTER HAVING BECOME FINAL PURSUANT TO THE SUPPLEMENTAL RULES OF PRACTICE AND PROCEDURE FOR THE BOARD OF ZONING ADmSTMENT." I 0 PURSUANT TO 11 DCMR 3130, THIS ORDER SHALL NOT BE VALID FOR MORE THAN TWO YEARS AFTER IT BECOMES EFFECTIVE UNLESS, WITHIN SUCH TWO-YEAR PERIOD, THE APPLICANT FILES PLANS FOR THE PROPOSED STRUCTURE WITH THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS FOR THE PURPOSES OF SECURING A BUILDING PERMIT PURSUANT TO 11 DCMR 3125 APPROVAL OF AN APPLICATION SHALL INCLUDE APPROVAL OF THE PLANS SUBMITTED WITH THE APPLICATION FOR THE CONSTRUCTION OF A BUILDING OR STRUCTURE (OR ADDITION THERETO) OR THE RENOVATION OR ALTERATION OF AN EXISTING BUILDING OR STRUCTURE, UNLESS THE BOARD ORDERS OTHERWISE. AN APPLICANT SHALL CARRY OUT THE CONSTRUCTION, RENOVATION, OR ALTERATION ONLY IN ACCORDANCE WITH THE PLANS APPROVED BY THE BOARD. D.C. HUMAN RIGHTS ACT OF 1977, AS AMENDED, D.C. OFFICIAL CODE ET SEQ., (ACT) THE DISTRICT OF COLUMBIA DOES NOT DISCRIMINATE ON THE BASIS OF ACTUAL OR PERCEIVED: RACE, COLOR, RELIGION, NATIONAL ORIGIN, SEX, AGE, MARITAL STATUS, PERSONAL APPEARANCE, SEXUAL ORIENTATION, FAMILIAL STATUS, FAMILY RESPONSIBILITIES, MATRICULATION, POLITICAL AFFILIATION, DISABILITY, SOURCE OF INCOME, OR PLACE OF RESIDENCE OR BUSINESS. SEXUAL HARASSMENT IS A FORM OF SEX DISCRIMINATION WHICH IS ALSO PROHIBITED BY THE ACT. IN ADDITION, HARASSMENT BASED ON ANY OF THE ABOVE PROTECTED CATEGORIES IS ALSO PROHIBITED BY

4 BZA APPLICATION NO PAGENO.4 THE ACT. DISCRIMINATION IN VIOLATION OF THE ACT WILL NOT BE TOLERATED. VIOLATORS WILL BE SUBJECT TO DISCIPLINARY ACTION. THE FAILURE OR REFUSAL OF THE APPLICANT TO COMPLY SHALL FURNISH GROUNDS FOR THE DENIAL OR, IF ISSUED, REVOCATION OF ANY BUILDING PERMITS OR CERTIFICATES OF OCCUPANCY ISSUED PURSUANT TO THIS ORDER.

5 n GOVERNMENT OF THE DISTRICT OF COLUMBIA Bard f Zning Adjustment * * * BZA APPLICATION NO As ActinA, Directr f the Office f Zning, I hereby certify. and attest that n JAN 0 8 Zuu9, a cpy f the rder entered n that date in this matter was mailed first class, pstage prepaid r delivered via inter-agency mail, t each party and public agency wh appeared and participated in the public hearing cncerning the matter, and wh is listed belw: Duglas Develpment 702 H Street, N.W. Suite 400 Washingtn, D.C Nrman M. Glasgw, Jr., Esq. Hlland & Knight LLP 2099 Pennsylvania Avenue, N.W. Suite 100 Washingtn, D.C Chairpersn Advisry Neighbrhd Cmmissin 6B 921 Pennsylvania Avenue, S.E. Washingtn, D.C Cmmissiner 6B06 Advisry Neighbrhd Cmmissin 6B th Street, S.B. Washingtn, D.C Tmmy Wells~ City Cuncilmember Ward Six 1350 Pennsylvania Avenue, N.W. Suite 408 Washingtn, D. C th Street, N.W., Suite 200/210-S, Washingtn, D.C Telephne: (202) Facsimile: (202) dcz@dc.gv Web Site:

6 (J BZAAPPLICATION NO PAGE NO. 2 Matthew LeGrant, Zning Administratr Building and Land Regulatin Administratin Department f Cnsumer and Regulatry Affairs 941 N. Capitl Street, N.E., Rm 2000 Washingtn, D.C Harriet Tregning, Directr Office f Planning 801 Nrth Capitl Street, N.E. 4th Flr Washingtn, D.C Bennett Rushkff, Esq. General Cunsel Department f Cnsumer and Regulatry Affairs 941 N. Capitl Street, N.E. Washingtn, D.C ATTESTED BY: /...-."'~>,.~-""""') "'''RICHA S. NERO, JR. Acting Directr, Office f Zning ()