FOR IMMEDIATE RELEASE
Contact Robin Diener
202 431-9254 cell
###
Second BZA Commissioner Finds Library Building Permit Issued in Error
April 6, 2011 -- WASHINGTON, DC -- The ANC appeal of the Mt. Pleasant Library case before the Board of Zoning Adjustment (BZA) gained support Tuesday from BZA Commissioner Jeffrey L. Hinkle, who was tasked with the case, after the BZA failed to reach a decision in early March. Hinkle is the designated representative of the National Capital Planning Commission (NCPC) to the BZA.
In the public hearing on Tuesday, Hinkle questioned the analysis by DCRA’s Zoning Administrator (ZA) that resulted in a decision to allow the DC Public Library to designate a side yard as the rear yard in order to squeeze in an expansion to the historic Mt. Pleasant Library. “There was an error by the ZA,” Hinkle concluded after he delivered a detailed, point by point examination.
Hinkle joined Commissioner Michael G. Turnbull, who previously supported the appeal. Turnbull restated his view passionately, calling the ZA’s interpretation “a travesty and a canard… a total false story that we cannot have sitting out there.” Turnbull went on to say that he saw it as “manipulation of the zoning regs for a predetermined outcome… to work to another government agency’s benefit.” Turnbull is the Assistant Architect of the Capitol and also serves on the DC Zoning Commission.
Said Turnbull, “From a zoning standpoint, this stinks.”
Hinkle’s and Turnbull’s reasoning did not convince the other two commissioners, Chair Meridith Moldenhauer, a zoning and land-use lawyer, and Vice Chair Nicole Sorg, Business Development Director for Sorg Architects. Moldenhauer and Sorg both maintained that deference is due the ZA’s decision.
The resulting 2-2 tie was one short of the three concurring votes needed for a decision. Chair Moldenhauer scheduled another hearing in the matter, for June 7. At Tuesday's hearing, the fifth seat on the BZA was vacant. However, it was filled a few hours later when nominee Lloyd Jordan’s appointment to the BZA was confirmed by DC Council.
DCPL officials have stated under oath that they plan to continue construction “at risk” despite the requirement to “cure” an illegal structure at their own expense if the BZA upholds the appeal.
###
Transcripts of the hearings in the Mt. Pleasant Library case 18152 are available at:
http://dcoz.dc.gov
LIBRARY
DYNAMOS