This project is in 5B03, which borders 5C07 across the 5B/5C boundary; I have no formal vote on this project. The 5B03 seat was vacant until around 3/14.

tl;dr

  • This is a proposed 12-home building on a lot that currently contains a detached single-family house
  • One unique feature about this building is the presence of two cellar floors with homes
  • The building will have no off-street vehicle parking spaces, necessitating zoning variance for 1-2 parking spaces
  • At the 3/7 5B meeting, the developer indicated they may also need penthouse setback relief due to penthouse shape; this was added to the BZA case on 3/15
  • You can submit testimony on the BZA case! Instructions below.

Official Sources

This case is being heard by the Board of Zoning Adjustment, which hears cases involving small zoning variance.

agency case summary next hearing ANC status case status
BZA 20861 Exemption from building one (1) parking space. 4/5/2023 3/15/2022: 5B Resolution of Support passed 4-0-1 no action yet

The case originally concerned variance for one parking space. At the 3/7 meeting, it was indicated that a second space may need to be added to this variance (to facilitate no parking spaces to be built for 12 units, regardless of computation method), and that another variance/exception will be necessary for penthouse setback on one side. The latter adjustment was submitted through a letter into the record ahead of the 5B vote on 3/15.

renderings

Some renderings are below. You can see more in the Architecture Plans and Elevations exhibit in the case record 3315 12th St NE rear rendering

rendering from the rear

cross-section from the side

cross-section from the side, showing two cellars

Meeting History

date body summary
3/7/2023 ANC 5B A special ANC meeting dedicated to this building
3/15/2023 ANC 5B Full-Commission meeting; motion of support passed

Issues

There are various considerations, both directly and indirectly related to the sought zoning variance.

5B03 vacancy

For at least the first two months of 2023, Single Member District 5B03 did not have representation due to Commissioner-elect Alicia Egolum moving out of the district between the election and the term starting.

Cyril Crocker will take the 5B03 seat after being the only candidate to submit signatures within a single cycle of the vacancy being posted, but as of the 3/7 meeting, he was still waiting for the official notice of his certification (at which time he would then need to be sworn in by Councilmember).

It’s unclear if he would be sworn in ahead of a vote on this BZA case, which would likely occur on Wednesday 3/15.

Zone

This building is in an MU-3A zone. This zone allows:

  • commercial uses in Use Group D: a category including most neighborhood retail uses
  • a maximum floor area ratio of 1.0 for non-residential use
  • a maximum floor area ratio of 1.0 for residential uses not including inclusionary zoning
  • a maximum floor area ratio of 1.2 for residential uses that do include inclusionary zoning
  • a maximum height of 40 feet, 3 stories (not counting penthouse)

Retail

At the 3/7 5B Meeting, Commissioners Piekara and Sen noted the lack of retail in this building. While retail is an option for the MU-3A zone, it is not a requirement (nor does any zone in DC require commercial use; residential is always an allowable use). In providing two levels of below-grade housing that wouldn’t likely be built under a retail space, the trade for possible ground-floor retail is three floors of homes.

Cellars

Zoning in DC makes a specific distinction between a cellar and a basement; per 11 DCMR § 199:

Cellar - that portion of a story, the ceiling of which is less than four feet (4 ft.) above the adjacent finished grade.

and

Basement - that portion of a story partly below grade, the ceiling of which is four feet (4 ft.) or more above the adjacent finished grade.

The floor space of a cellar is not included in tabulating the gross floor area, which in turn is used to compute the floor area ratio; per the same DCMR section (emphasis added):

Gross floor area - the sum of the gross horizontal areas of the several floors of all buildings on the lot… The term “gross floor area” shall include basements, elevator shafts, and stairwells at each story; floor space used for mechanical equipment… penthouses; attic space… interior balconies; and mezzanines.

The term “gross floor area” shall not include cellars and outside balconies that do not exceed a projection of six feet (6 ft.) beyond the exterior walls of the building. (Case 62-32, May 29, 1962)

and

Floor area ratio - a figure that expresses the total gross floor area as a multiple of the area of the lot. This figure is determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

The floor area ratio is one of the dimensions of a building that is limited by zoning, depending on the zone the building is in.

The building, as planned, has two cellar floors, each containing three homes. These floors receive light and egress through deep wells at the exterior walls of the building. It’s unclear if there are any examples of subcellar dwellings within DC to date.

Attendees at the 3/7 meeting expressed concerns about the habitability of these homes, but the developer indicated they would be especially affordable. They would likely be both quieter and more energy-efficient relative to above-grade units.

Parking Requirements

Typically, a residential building in DC requires one parking space per three homes after the first four.

This building has 12 homes as planned, so:

(12 - 4) ÷ 3 = 2.666 which rounds to 3.

Because this building is close to multiple transit lines, including the Brookland metro and high-frequency buses, there is a reduction by a half. There is some uncertainty about how this is applied. Previously, this was computed before rounding:

((12 - 4) ÷ 3) ÷ 2 = 2.666 ÷ 2 = 1.333 which rounds to 1.

but the land use attorney representing the developer of this building expressed concern the new zoning administrator may change the computations to apply the halving after rounding:

(12 - 4) ÷ 3 = 2.666 which rounds to 3 ⇒
3 ÷ 2 = 1.5 which rounds to 2

Regardless of which computation is used, the developer intends to build zero parking spaces, so the only change would be the amount of variance sought in this case.

There was discussion at the 3/7 5B meeting about restricting residents of the building from claiming Residential Parking Permits, despite the site being on an Residential Parking Permit (RPP)-zoned block. The developer stated in a prehearing statement and at the 3/15 meeting that they would seek to restrict residents of the building from qualifying for RPP.

if no parking variance

A resident at the 3/7 meeting asked how many homes this building could contain with no variance. Under the presumption that no on-site parking would be built (due to lack of alley access or possible curb cuts), the attorney for the developer estimated 5-6 depending on the tranit halving computation.

Bike Parking

The building is planned to contain various amenities related to bike parking. During the 3/7 presentation to 5B, Commissioners Costello and Borrego made note of multiple opportunity to increase the usability of these facilities, including larger spacing and charging capacity for ebikes, to further improve the appeal of this building to car-free and car-light families. The developer was receptive to these changes.

Penthouse Setback

The penthouse level of this building is flush with the building footprint on one side. As seen from the front:

front elevation

front elevation diagram of the building

Penthouse setbacks are generally a requirement for visual reasons, as the top floor is less visible when viewing from the ground. The developer has said this setback change is offsetting allowable penthouse space; not creating additional floor area.

Affordable Housing

This building is planned to have one Inclusionary Zoning (income-restricted) home. The developer will additionally be making a contribution to DC’s Housing Production Trust Fund.

Notably, the single IZ home will be on the first (at-grade) floor (unit 9); the six homes across two cellar floors will be market-rate, which will likely result in homes that are more affordable the typical for a brand new building in Brookland with close proximity to the metro.

These homes likely provide a number of unique amenities as well:

  • they would be heavily insulated from street noise
  • they would be insulated from weather as well, likely being very energy-efficient/inexpensive to heat/cool
  • homes on the subcellar level will also have private outdoor spaces in the area-way (access well)

Community Action

Anyone can submit comments in support or opposition into the case record, to be considered by the BZA when judging the application. Feel free to reach out to me or your Commissioner if you aren’t sure what to write. You may also choose to speak at the hearing, but you will have to submit written comments either way.

Submitting a Letter

The easiest way to submit is via email. To submit a letter:

  • send before 4pm Tuesday 4/4/2023 to be sure it’s received in time
  • email it to bzasubmissions@dc.gov
  • include the case number (BZA 20861) and address (3315 12th St. NE) in the subject
  • including some information about your proximity to the site, or residency within 5B03 if applicable, may help strengthen the weighing of your comments

A template to start might be:

Subject: Letter in (Support/Opposition) of BZA 20861, 3315 12th St. NE

To whom it may concern:

This letter of (support/opposition) is in regard to Board of Zoning Adjustment case 20861, relief from a single parking space required for a 12-unit building in an MU-3A zone with transit proximity.

I (do not) believe the BZA should reduce the requirements for this parking space, because (reasons).

Very respectfully,
(your name)
(your address)

In the Media

There is an UrbanTurf post on this project.

You May Also Enjoy