There is an unconfirmed email circulating that ANC 6A has lost its appeal of Cluck-U Chicken's C of O.
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UPDATE
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We now have confirmation of the Cluck-U outcome (via the comment left by Commissioner Fengler). ANC 6A has also withdrawn its appeal of Birdland's C of O. The ANC will continue to work for a more refined definition of fastfood restaurant.
11 comments:
i think it's true. also looks like the anc dropped its birdland appeal.
ANC 6A's appeal of Cluck-U-Chicken's certificate of occupancy was denied this morning by BZA. Given the fact that the ANC 6A appeal of Birdland was filed for the same reasons as Cluck-U-Chicken, we withdrew the Birdland appeal.
The explanation of the denial of our appeal from BZA members was that at the time DCRA issued the certificate of occupancy, there was no evidence that Cluck-U-Chicken was a fast food restaurant. As DCRA relies on the applicant to self-certify the operation is a restaurant, the issue is directly related to enforcement of the current certificate of occupancy versus requiring a zoning special exception.
In addition, according to some BZA members, the ANC could not definitively prove that more than 60% of the food was cooked/prepared in advance and that non-disposal utensils were primarily used versus non-disposal utensils. However, there was agreement from the BZA members that the current zoning regulations are out of date and difficult to use in today’s business environment.
My analysis. While I am disappointed that the ANC lost its appeal, I am satisfied with the ruling. BZA reviewed the case thoroughly and provided reasonable answers to each of our challenges and issues. As we have learned by both the Cluck-U-Chicken and Birdland appeals, zoning regulations are dependent upon applicant self-certification. With the current BZA ruling, it is almost impossible for DCRA to self initiate a challenge of any applicant’s assertion that they are indeed a restaurant.
To remedy the current outdated zoning regulations, we need to change the zoning code from 100% self-certification to include measurable, quantifiable design and construction characteristics that can be evaluated before the first building permit is granted. While our ANC was working through the appeal process, we have took the opportunity to complete a comprehensive review of other cities around the country to see if there are any best practices regarding fast-food and restaurant definitions. From that effort, we have crafted a zoning text amendment and submitted it to the Zoning Commission for official consideration on May 1. That amendment, and supporting survey of over 45 different cities zoning regulations, can be found at: http://www.anc6a.org/EatingEstabDefs.pdf.
I think that the best outcome will be for the zoning code to be updated. Would this be done by the city council?
The Zoning Commission has sole responsibility for amending the regulations.
Still, there should be penalties for essentially lying during the self-certification process if that has occurred. Otherwise there would be the perverse incentive for everyone to just lie.
That's fantastic the way you've pulled together best practices. That document should have use outside DC's borders as well.
Next best response: BOYCOTT !!
I wouldn't say it is lying...some of the challenge is the investors don't understand the differences in the zoning regulations. However, I don't think that is the case any more. I know that DCRA has improved its review of these applications. And in the case of Cluck-U-Chicken and Birdland - both changed their operations from when they opened to when the presented their case at the appeal hearing. I see that as an improvement.
The crux of the decision, from what I heard from the BZA members yesterday, is that the ANC was unable to prove evidence existed when DCRA, at the time they issued the certificate of occupancy, to reasonably assume Cluck-U-Chicken was NOT a restaurant. The large part of our appeal was based on evidence and observations AFTER they were open.
So, how could the DCRA inspector make an error if the evidence being offered transpired after the certificate was issued?
Our appeal was based on the fact that there was enough evidence to require a special exception hearing --- and the immediate operations after Cluck-U-Chicken opened validated our case.
While not quite a chicken or egg question, it underscores how BAD the current zoning regulations are and how “use” regulations have now become defacto enforcement issues. Again, the BZA members stated that if you have an issue about illegal use – that is not a zoning appeal case – that is an enforcement problem.
The challenge with enforcement is that DCRA already is understaffed, and in some cases not trained properly, to deal with the existing compliance cases. Moving forward, and as stated above, we have already submitted a comprehensive, city-wide zoning text amendment to the Zoning Commission.
Given the BZA members comments and our initial discussions with the DCRA Zoning Administrator, I am hopeful that we replace the existing zoning regulations with new ones that have building/architectural/design plan triggers to prevent potential investors from opening establishments as a matter of right developments (ones which do not require a public hearings) that has a primary use of carry-out under the umbrella of a restaurant.
Does this mean Blimpies can re-open in the 700 block of H Street That storefront now is empty, but the signs remain.
And will Taste of Jamaica, 500 block of H Street, now finally install seating in their barren floor space?
Dear H Street Community, Friends and Frozen Tropics Community,
I would like to thank you with heartfelt gratitude for your support of our restaurant. I specifically would like to thank Marc Borbely, Raphael Marshall, Gladys Mack, Mr. Ifon, Anwar Saleem and many others who courageously tried to help our businesses survive. On behalf of my patrons, family, and employees, I humbly thank you for your leadership and words of support. We can all agree that some of the zoning definitions which were written many decades ago need to be updated. As we stated months ago, the proper method to change the definition of what a restaurant is was not to misrepresent my business and business ethics in an appeal, but to go through the open legislative process. To be sure, I and the other restaurants that have been appealed have suffered a great emotional and economic toll. But the impact of which has only made me stronger.
I do honestly think that in the zeal for redevelopment of H Street, some preferred to attempt to change the code through the appeal process, despite the human cost, despite the facts, and despite the law, in a quicker, less public manner than going through an open, inclusive process of legislation. Some have attempted to justify their actions by intimating or commenting that I made misrepresentations to get through the process. Nothing could be further from the truth. In fact, during our hearing an overwhelming amount of evidence and testimony was submitted to reinforce that not only did we comply with the code before we opened, we continue to comply with the code during operation. This was reinforced by the testimony of several DCRA witnesses who reviewed this matter in detail because of the attention to H Street. All of this resulted in a vote of 4 to 0 in support of our restaurant occupancy permit. Could our restaurant improve? Certainly. What business could not stand room for improvement? As a new business, there are always ways in which we can improve. Any help to improve and support small businesses on H Street is greatly needed and appreciated.
Additionally, some, like Duncan Spencer in his article, was callously reckless when he wrote that Gibson "says he's become a victim because he's black." I never stated that. In fact, I have always been careful not to state that. I do not want to offend the diverse patronage of this restaurant. Many of our customers are not black. Many of whom lent their support and well wishes to us during this appeal. Also, some during this issue have characterized H Street as an "economic wasteland" in their calls for redevelopment and opposition to my restaurant. H Street has many endeared family-owned businesses that have respectfully served our community with love, and have loyally and consistently contributed to our community jobs and goodwill and to the tax coffers of this city - for decades and generations. To be sure, we love H Street. It had, and does have, a great sense of identity. H Street IS our main street. It might not be perfect, but it is what we have. And we are dedicated to continue to work for its success for everyone.
I am extremely proud to be able to keep my restaurant on H Street. I thank you for your words of support and kind patronage. It truly gives me great pleasure to serve EVERYONE. I hope that any negative sentiments that have surfaced by some will be a part of the past. There are many whites, blacks, Asians, Latinos, you name it, that work with, live next to, fellowship with, drink with, eat with (including wings ;-) TOGETHER. Good buffalo wings are good buffalo wings. Add good company to that, and we've got nothing but good.
With that said, we invite you to check out a new menu item at Cluck U Chicken restaurant - Dove Wings for Peace - tastes like chicken, 'cause it is chicken - i.e., not really the wings of doves. Dove Wings are delicately drizzed with a delightful blend of our signature Atomic sauce, aptly contradicted by the delicate sweet meat of our freshly-made-to-order poultry and a hint of gentle honey. A poignant methaphor of the ironies and complexities of life, its conflicts and joys, Dove Wings cultimate in pure peace and goodness on the tastebuds. Disclaimer: All proper manners may be relegated to the irresistable desire to lick one's fingers rather than use our non-disposable stainless steel untensils and tableware. However, to mitigate any relapses in table decorum, we will be happy to provide lemon-infused filtered water finger bowls with warmed linen-napkins to obscure your indulgences. 'Cause we still love ya no matter how much you wanna lick those fingers!
Be the first to try Cluck U Chicken Dove Wings, with a FREE sample when you greet our servers with the word "PEACE." We're sure you will love THE BEST wings in the world, our delicious fresh salads, pitas, ribs and wraps, all to be washed down with our homemade sweet tea.
Head Rooster in Charge,
Bernard Gibson and the Cluck U Chicken Family
I hope all members of the community who opposed cluck u get together and buy the many boarded up buildings that still exist on H street and open up their favorite restaurants to cater to their needs.Put your effort and energy into something positive. Help build H street not destroy it.
whoever the person is that said next best response BOYCUTT , well if you are refering to boycutting any business establishment on H street I must inform you that we were a long neglected, underserved and forgotten community for decades but we still survived. So who cares about your boycutt !!!!!
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