DC Zoning Problems

November 3, 2008

DC ANC (Advisory Neighborhood Commission) 2008 Elections

Want to express your views on your ANC election? Post a comment. If there is sufficient interest we’ll paste it into a blog post.  Here is a Ward 3 example as to why the ANC matters.  Ward 3 has been at the receiving end of many of DC Zoning’s errors, at least one of which was blogged about already. Here is a comment from Katherine Frey on one of our earlier posts:

“I am one of the homeowners you mentioned above. I found this blog when doing a search for Alma Gates. My husband and I wanted to know if she was running again for ANC Commissioner because we feel she plays G*d with our neighborhood and manipulates DC’s broken zoning office in doing so. I have the following comment:

We obtained a building permit from DC and built exactly what was on the permit.  It turned out DCRA made a mistake. They realized this when the structure was already built.  Our neighbors, Alec and Julie-Ann Klein, submitted an anonymous complaint. Neighborly behavior? No. Would it have been great for the Kleins to tell us they had a problem? Sure. But look, it’s not our neighbor’s job to be nice.  Everyone has their share of jerks in a neighborhood.  But, it IS DC’s job to issue us a correct permit. It’s literally their job.  To say DCRA was unapologetic would be generous. They persecuted us for their error.  We attempted to contact an ANC representative, Alma Gates, a bunch of times.  She was totally unresponsive. I was just cringing as a taxpayer and resident thinking about how many other zoning roadkill victims must exist in the city.

I’ve got two words for you: Fenty. Cheh. They are the only hope for the mess of a zoning office…..  It would have been nice to see the ANC bring everyone together instead of acting as a divisive force. Maybe that is just not a role they’re interested in playing. I’ve read through lots of notes from ANC meetings. They seem perfectly capable of handling such a role.”

Dissapointments:

In this situation, an error on the part of DC Zoning creates a situation in which everyone loses.

- Families lose – What message are we sending to families when our city approves their permit, then changes their mind when it is too late? The message is, “Invest in Virginia or Maryland. We cannot be trusted.”

- DC loses – We need to increase trust in DC and its administration, or at least demonstrate that there is a plan for remedying the misakes and mismanagement. Where is the Michelle Rhee of Zoning?

- Communities lose – The ANC often acts as a day late, dollar short enforcement which is very divisive for a neighborhood and a city trying to make a comeback. What kind of welcome basket are we delivering?

Come forward with their example of SUCCESSFUL MEDIATIONS involving cooperation between the city, families/residents, and the ANC. To date, we’ve just heard about unfortunate systemic failures. Please post any examples as a comment at the following link: http://dczoningproblems.wordpress.com/2008/06/28/dcra_successful-dc-zoning-mediations-or-solutions/

June 28, 2008

DCRA_Successful DC Zoning Mediations or Solutions

We are currently seeking any information or examples of successful mediation between the Homeowners (recipients of a DC permit or other zoning error), DCRA, and Other Parties such as neighbors and ANC representatives.  We are currently unaware of any successful mediations.  We strongly believe such action would be a prudent step toward early resolution, and reduce the financial hardship of both residents and the government.

Please post any known accounts of successful mediation* or solutions* in DC Zoning Problems here by clicking “comments.”

*A mediation could be both formal or informal. Formal could be sitting down with a hired mediator or a citizens association representative. Informal could be attempts at resolution made between neighbors.

 

DCRA_Vacancy

Please post cases of which you know as “comments” and we will update the main post master list.

Properties classified as vacant pay more in property taxes.  The links below are listed because it meets the following criteria:

1. DCRA made an error and classified many properties as vacant which were not.

2. DC residents experienced a financial hardship as a result.

http://www.washingtoncitypaper.com/display.php?id=35606

Homeowners: Rob and Angie Stillwell, Phil Guire, Jason and Crislyn Lumia

GVT Staff: Nick Majett, Michael Rupert

DCRA_Permit Errors

Please post cases of which you know as “comments” and we will update the main post master list.

The cases below are listed because they meet two conditions:

1. DC made a significant permit error.

2. DC residents  - namely the Homeowners – experienced a financial hardship as a result.

Additional: In the cases below, the Homeowners have built the structures in question based on the permit provided by DC when DC orders a stop-work order.  Based on the process described in a Washington Post article , our assumption is that one or more of the Other Parties listed below alerted DC to the error.  We currently have no information on any mediation or other interactions between the Homeowners and the Other Parties, although it is clear that such action would be a prudent step toward early resolution.  See “Successful Zoning Mediations and Solutions” post for more on this at http://dczoningproblems.wordpress.com/2008/06/28/dcra_successful-dc-zoning-mediations-or-solutions/.

 VU CAMACHO

HOMEOWNERS (in possession of DC’s flawed permit):

Minh Vu, Raymond Camacho

GVT Officials: Eugene A. Adams, Patrick Canavan

OTHER PARTIES:

Neighbors: Deborah Royster, Robert A. Malson, Ellen Elizabeth Grooms, James S. Edmonds,  Sidney H. and Bebra Evans

Civic Association: Jerome Paige

Source: http://www.washingtonpost.com/wp-dyn/content/article/2007/01/09/AR2007010901753.html

 FREY

HOMEOWNERS: Josh and Katherine Frey (in possession of DC’s flawed permit):

GVT Staff: William Crews, Yvonne Rocket, Lennox Douglas

OTHER PARTIES:

ANC: Alma Gates

Neighbor: Alec Klein (Julie-Ann Klein)

Service providers: Drew Construction,  Mangan Group Architects

Source: http://ola.dc.gov/oah/lib/oah/pdf/information/orders/case/2007/cr-c-06-100027_final_order_(frey).pdf & http://www.411.com

IN SEARCH OF

HOMEOWNERS:

We have also heard of a Ward 3 resident who had a problem with their fence due to a permit error and incurred substantial legal fees because of DC’s error.  We are currently searching for this resident.

OTHER PARTIES:

Reportedly Involved ANC: Alma Gates

DCRA Perspective

A 2005 article by Yolanda Woodlee in the Washington Post may shed light on DCRA’s aggressive targeting of DC residents:

The District’s skyrocketing real estate prices have fueled an increase in illegal construction as property owners across the city are building and renovating homes without obtaining the required permits, according to D.C. officials and a review of city records.

Using tips largely supplied by neighbors turning in neighbors, the D.C. Department of Consumer and Regulatory Affairs issued more than 1,400 stop-work orders for illegal construction during a recent 17-month period and has fined the violators nearly $1 million.

By comparison, Montgomery and Fairfax counties each issue fewer than 50 stop-work orders a year, officials said. Prince George’s County officials said they issued about 135 such orders last year….

The number of stop-work orders also reflects an aggressive crackdown by the D.C. regulatory agency, which once had a reputation for slipshod enforcement of building codes….[DCRA Zoning Director Patrick] Canavan said the city will not tolerate property owners and contractors who flagrantly violate building codes. “When we catch you . . . we’re going to nail you,” he said.

http://www.washingtonpost.com/wp-dyn/content/article/2005/06/26/AR2005062601005_pf.html

An older newsletter article from a Palisades newsletter takes a somewhat similar tone: Enforcement.

http://www.palisadesdc.org/newsletters/2004/April2004.pdf

DC Zoning is – according to these articles – quite broken.

Our Purpose

The purpose of this blog is one and only one: To gather District of Columbia residents who have or are experiencing zoning problems.  

We encourage two types of communication:

1. Post a comment explaining your problem or information, as well as any suggested solutions, AND

2. Email us at dcfamiliesunite@aol.com so we may contact you when we are gathering a meeting with the target groups (listed below).

We encourage residents to also post comments on positive experiences they have had with DC Zoning.

Q: What are you doing with this information?

A: When there are a critical mass of citizens gathered (by Ward), we plan to approach three target groups: The DC Council, the Mayor’s Office, and the Office of the Inspector General (OIG) in an attempt to help give citizens a stronger voice and work collaboratively toward a solution.  Currently, we have a near critical mass of citizens in the following wards:

Ward 3

Q: Why is the ANC and DCRA not included in the target groups above?

A:To date, we have not found evidence to show that all ANC representatives or DCRA consistently wish to constructively work toward a solution with residents. Sadly, there are some experiences related by residents in which DCRA and specific ANC representatives actively worked against families who were operating within their legal rights.  When proven, consistent, and trustworthy ANC representatives and DCRA staff are brought to our attention, they will be included in the above mentioned target groups. As mentioned above, we encourage residents to also post comments on positive experiences they have had with DC Zoning.

Q: What citizens have you found so far?

A: Many of the individuals with whom we have spoken have already been interviewed by the Inspector General’s Office around the time of a re-opened inspection ordure. If you would like to report waste, fraud or abuse directly to the DC Office of the Inspector General’s office, call 202 724 8477 or see the following site: http://oig.dc.gov/main.shtm.

 

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