Recent e-mail exchange between Mr. Corey Corey Buffo, Acting Zoning Administrator at DCRA. I must confess, I have some serious concerns if the acting zoning administrator is confused on the recent BZA order that clearly defines the differences between fast food establishments and restaurants.
ANC 6C and ANC 6A will attempt to pass a joint letter to DCRA and the Board of Zoning to look into both of these establishments in light of the recent BZA order.
E-mail exchange:
From Joe Fengler on July 13, 2005:
Corey, thank you for taking on the responsibility to look into this. While I am not an expert in zoning regulations, BZA Order 17214 is pretty clear. Setting aside the criteria of a drive-through, which neither one has, there are three other characteristics, the existence of two of which denote an establishment as a fast food restaurant:
(1) Whether at least 10% of the total floor space on any one floor, that is accessible to the public (example - does not to include the kitchen or storage areas), and used for customer queuing or self-service for carry out and and on-premises consumption,
(2) Whether at least 60% of the food items are already prepared or packaged before a customer places an order, and
(3) Whether or not the establishment primarily serves its food and beverages in disposable containers and provides disposable tableware.
I walk by Cluck-U-Chicken one a week. To the untrained eye, it seems that over 10% of the floor spaces is for queuing for self service. And, it seems like the food and beverages will be provided in disposable containers based on the configuration of the floor. The menu also appears that the food will be cooked before ordering -- otherwise customers will need to wait 20 to 30 minutes for each chicken order. I am very suspect of the "restaurant" use assertion. I hope this helps "tie" them to the definition of fast food. I believe that once you go to the location and discuss how they will prepare the food, it will become very clear. Also, do they have non-disposable utensils and plates?
All of the above can be applied to Taste of Jamaica as well. They have no tables, plexiglass enclosed window of which food is dispursed throgh to customers and provide food in bags with disposable containers.
Please let us know what you find out. Our community has worked very hard to get BZA to issue clear guidance regarding this subject. I am attaching the BZA order for your reference. We look forward to your response. Many thanks in advance, Joe.
"Buffo2, Corey (DCRA)" wrote:
I have been asked to respond to your email below. Of course I agree that we should not issue a C of O for a "fast food restaurant" in a C-2-A without a special exception. If this is the place you and I discussed last month, I did send someone out to warn them that a fast food restaurant would not be allowed without a special exception, as you suggested. However, they have approached us with an application that, on its face, puts them under the definition of "restaurant" use, which is a matter of right in a C-2-A.
I should caution that general appearances alone do not necessarily put something under the definition of fast food restaurant. I checked the website for the Cluck U franchise and do indeed believe that they meet the public's common understanding of what constitutes a fast food restaurant. However, I need something that ties them to the definition of fast food restaurant in the zoning regulations. We will inspect the site again to see what more we can find out. I'm happy to send them to the BZA, I just need enough to go on. As you are probably aware after the Blimpies appeal, all of our decisions, including denial of a C of O, can be appealed. Therefore, we endeavor to make careful, considered decisions that conform to the Zoning Regulations. But even if Cluck U ultimately receives a C of O for a restaurant, we will inspect to ensure that their actual operations do not establish that they are instead a fast food restaurant.
We are also inspecting the Taste of Jamaica to determine the same.
Thank you for bringing both of these locations to our attention.
Regardless of how this ends up, it may be prudent for all of us involved in the establishement of these uses to consider proposing changes to the defintion of fast food restaurant to ensure that what is allowed as a matter of right meets with the public's satisfaction.
Feel free to call me at 442-9554 if you have any questions.
Joint Letter from ANC 6A and ANC 6C regarding fast food establishments -- to include Cluck-U-Chicken.
July 15, 2005
Dr. Patrick J. Canavan, Director District of Columbia Department of Consumer and Regulatory Affairs 941 North Capitol Street, NE, Room 2200 Washington, DC 20002
Jerrily R. Kress, Director District of Columbia Office of Zoning 441 4th Street, NW Suite 210 South Washington, DC 20001
Re: Special Exceptions for fast food establishments in C-2-A zone on H Street, NE
Dr. Canavan and Ms. Kress:
At the July public meetings of Advisory Neighborhood Commissions 6A and 6C, held respectively on July 13 and July 14, 2005, and with a quorum present for each Commission, both Commissions voted to seek your immediate assistance with enforcing BZA Order 17214 on H Street, NE.
Specifically, we are formally calling for the Department of Consumer and Regulatory Affairs not to issue Certificates of Occupancy for any fast food restaurants on C-2-A zoned portions of H Street, NE without the required Board of Zoning Adjustment Hearing. As clearly outlined in BZA Order 17214, fast food establishments in the C-2-A zone require a special exception. Please find the BZA Order enclosed for your immediate review.
Since the date of this order, one fast food establishment, Taste of Jamaica, opened on the corner of 6th and H Streets, NE and another is poised to do so at 1123 H Street, NE, Cluck-U-Chicken. We further apply for an immediate review of how the Certificate of Occupancy was issued to the Taste of Jamaica and what steps both departments will undertake to ensure that a Certificate of Occupancy is not issued to Cluck-U-Chicken without the required Board of Zoning Hearing.
Finally, we note that even the business at issue in the BZA case 17214 itself – Chans Food, Inc – continues to operate Blimpie’s / Noble Roman Pizza, located at 721 H Street, NE, despite the lack of a valid certificate of occupancy. Absent a stay of the BZA order, which we believe remains fully effective, the Zoning Administrator should take prompt action to prevent any further illegal operation of this fast food restaurant.
DCRA gave them a certificate of occupancy. The ANC is working on the matter. Blimpies (down the street) was recently forced to closed when it losts its C of O after an ANC appeal.
Board of Zoning Adjustment 441 4th St, NW, Suite 210 Washington, DC 20001
Re: Letter of Authorization
Dear Board Members,
At a regularly scheduled and properly noticed meeting on September 8, 2005, Advisory Neighborhood Commission 6A voted 5-3 (with 5 Commissioners required for a quorum) to appeal the administrative decision of the Zoning Administrator to issue a Certificate of Occupancy for a “restaurant” at 1123 H Street NE. Please be advised that Richard Luna and Commissioner Cody Rice are both authorized to act on behalf of ANC 6A for the purposes of this appeal. Sincerely,
Joseph Fengler Chair, Advisory Neighborhood Commission 6A
5 comments:
Recent e-mail exchange between Mr. Corey Corey Buffo, Acting Zoning Administrator at DCRA. I must confess, I have some serious concerns if the acting zoning administrator is confused on the recent BZA order that clearly defines the differences between fast food establishments and restaurants.
ANC 6C and ANC 6A will attempt to pass a joint letter to DCRA and the Board of Zoning to look into both of these establishments in light of the recent BZA order.
E-mail exchange:
From Joe Fengler on July 13, 2005:
Corey, thank you for taking on the responsibility to look into this. While I am not an expert in zoning regulations, BZA Order 17214 is pretty clear. Setting aside the criteria of a drive-through, which neither one has, there are three other characteristics, the existence of two of which denote an establishment as a fast food restaurant:
(1) Whether at least 10% of the total floor space on any one floor, that is accessible to the public (example - does not to include the kitchen or storage areas), and used for customer queuing or self-service for carry out and and on-premises consumption,
(2) Whether at least 60% of the food items are already prepared or packaged before a customer places an order, and
(3) Whether or not the establishment primarily serves its food and beverages in disposable containers and provides disposable tableware.
I walk by Cluck-U-Chicken one a week. To the untrained eye, it seems that over 10% of the floor spaces is for queuing for self service. And, it seems like the food and beverages will be provided in disposable containers based on the configuration of the floor. The menu also appears that the food will be cooked before ordering -- otherwise customers will need to wait 20 to 30 minutes for each chicken order. I am very suspect of the "restaurant" use assertion. I hope this helps "tie" them to the definition of fast food. I believe that once you go to the location and discuss how they will prepare the food, it will become very clear. Also, do they have non-disposable utensils and plates?
All of the above can be applied to Taste of Jamaica as well. They have no tables, plexiglass enclosed window of which food is dispursed throgh to customers and provide food in bags with disposable containers.
Please let us know what you find out. Our community has worked very hard to get BZA to issue clear guidance regarding this subject. I am attaching the BZA order for your reference. We look forward to your response. Many thanks in advance, Joe.
"Buffo2, Corey (DCRA)" wrote:
I have been asked to respond to your email below. Of course I agree that we should not issue a C of O for a "fast food restaurant" in a C-2-A without a special exception. If this is the place you and I discussed last month, I did send someone out to warn them that a fast food restaurant would not be allowed without a special exception, as you suggested. However, they have approached us with an application that, on its face, puts them under the definition of "restaurant" use, which is a matter of right in a C-2-A.
I should caution that general appearances alone do not necessarily put something under the definition of fast food restaurant. I checked the website for the Cluck U franchise and do indeed believe that they meet the public's common understanding of what constitutes a fast food restaurant. However, I need something that ties them to the definition of fast food restaurant in the zoning regulations. We will inspect the site again to see what more we can find out. I'm happy to send them to the BZA, I just need enough to go on. As you are probably aware after the Blimpies appeal, all of our decisions, including denial of a C of O, can be appealed. Therefore, we endeavor to make careful, considered decisions that conform to the Zoning Regulations. But even if Cluck U ultimately receives a C of O for a restaurant, we will inspect to ensure that their actual operations do not establish that they are instead a fast food restaurant.
We are also inspecting the Taste of Jamaica to determine the same.
Thank you for bringing both of these locations to our attention.
Regardless of how this ends up, it may be prudent for all of us involved in the establishement of these uses to consider proposing changes to the defintion of fast food restaurant to ensure that what is allowed as a matter of right meets with the public's satisfaction.
Feel free to call me at 442-9554 if you have any questions.
Corey Buffo
Acting Zoning Administrator
Joint Letter from ANC 6A and ANC 6C regarding fast food establishments -- to include Cluck-U-Chicken.
July 15, 2005
Dr. Patrick J. Canavan, Director
District of Columbia
Department of Consumer and Regulatory Affairs
941 North Capitol Street, NE, Room 2200
Washington, DC 20002
Jerrily R. Kress, Director
District of Columbia
Office of Zoning
441 4th Street, NW
Suite 210 South
Washington, DC 20001
Re: Special Exceptions for fast food establishments in C-2-A zone on H Street, NE
Dr. Canavan and Ms. Kress:
At the July public meetings of Advisory Neighborhood Commissions 6A and 6C, held respectively on July 13 and July 14, 2005, and with a quorum present for each Commission, both Commissions voted to seek your immediate assistance with enforcing BZA Order 17214 on H Street, NE.
Specifically, we are formally calling for the Department of Consumer and Regulatory Affairs not to issue Certificates of Occupancy for any fast food restaurants on C-2-A zoned portions of H Street, NE without the required Board of Zoning Adjustment Hearing. As clearly outlined in BZA Order 17214, fast food establishments in the C-2-A zone require a special exception. Please find the BZA Order enclosed for your immediate review.
Since the date of this order, one fast food establishment, Taste of Jamaica, opened on the corner of 6th and H Streets, NE and another is poised to do so at 1123 H Street, NE, Cluck-U-Chicken. We further apply for an immediate review of how the Certificate of Occupancy was issued to the Taste of Jamaica and what steps both departments will undertake to ensure that a Certificate of Occupancy is not issued to Cluck-U-Chicken without the required Board of Zoning Hearing.
Finally, we note that even the business at issue in the BZA case 17214 itself – Chans Food, Inc – continues to operate Blimpie’s / Noble Roman Pizza, located at 721 H Street, NE, despite the lack of a valid certificate of occupancy. Absent a stay of the BZA order, which we believe remains fully effective, the Zoning Administrator should take prompt action to prevent any further illegal operation of this fast food restaurant.
On behalf of both Commissions,
Joseph Fengler, Chair
ANC 6A
Mark Dixon, Chair
ANC 6C
So what is the latest on this? I noticed that "Cluck You Chicken" is open for business.
DCRA gave them a certificate of occupancy. The ANC is working on the matter. Blimpies (down the street) was recently forced to closed when it losts its C of O after an ANC appeal.
September 16, 2005
Board of Zoning Adjustment
441 4th St, NW, Suite 210
Washington, DC 20001
Re: Letter of Authorization
Dear Board Members,
At a regularly scheduled and properly noticed meeting on September 8, 2005, Advisory Neighborhood Commission 6A voted 5-3 (with 5 Commissioners required for a quorum) to appeal the administrative decision of the Zoning Administrator to issue a Certificate of Occupancy for a “restaurant” at 1123 H Street NE.
Please be advised that Richard Luna and Commissioner Cody Rice are both authorized to act on behalf of ANC 6A for the purposes of this appeal.
Sincerely,
Joseph Fengler
Chair, Advisory Neighborhood Commission 6A
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