Preservation
State Dept. tells Congo to remove unauthorized paving
The US Department of State has instructed the Republic of Congo to restore the front yard of their new chancery to planted green space. In a recent letter, the State Department says it "expects the Embassy to comply" with a DDOT request to return the yard to landscaping.
The embassy paved over the entire front yard of the historic Toutorsky Mansion, at 16th and Riggs NW, in September. Residents charged that this violated promises the embassy had made when securing approval to move into the building.
The embassy originally wanted to build a circular driveway and park the ambassador's car there during the day. Residents and DDOT opposed that proposal because it would remove landscaping, likely destroy several trees, require moving a bus stop, violate standards for placing driveway curb cuts, and occupy public space with cars.
The land beginning just in front of the porch all the way to the street is actually public space, not part of the lot. DC laws prohibit parking cars in public space, even when there is a driveway. However, many embassies nevertheless park cars there, and there's little or nothing DC can do about it.
On the question of the trees, representatives from the embassy assured community members they could build the driveway without killing the trees, but many with experience from other projects were doubtful. In the end, the embassy withdrew its request for the driveway, but received approval to convert a walled-in rear yard into a parking lot as well as to add a flagpole.
Then, in September, the embassy paved the entire yard and removed all of the trees. Members of the Dupont Conservancy asked the State Department to intervene, and the Dupont Circle Citizens Association protested outside the building.
The ambassador told the Examiner that they never promised not to pave over the yard. Plus, though they had promised not to build the driveway, he said that nobody can stop them from building the driveway if they wanted to.
Apparently DDOT and the State Department don't see it that way. In the letter, Cliff Seagroves of the State Department says,
The District of Columbia's Department of Transportation (DDOT) has investigated this matter and informed the Embassy in a letter dated November 17, 2011, that the referenced action constitutes a violation of the Board of Zoning Adjustment's Notice of Final Rulemaking and Determination and Order (No. 18162), issued on March 8, 2011. DDOT has further informed the Embassy that it is required to remove the unauthorized paving from public space and replace it with DDOT-approved landscaping within thirty days of the date of DDOT's letter.Seagroves adds that he recently toured the interior and feels the Republic of Congo has been taking great care to restore the property.Subsequent to the delivery of DDOT's letter, the Department of State again formally raised this matter with the Congolese Embassy, advising that it expects the Embassy to comply with the DDOT's requirement that it take prompt, corrective action.
DDOT's 30-day deadline ends December 17. Will the embassy heed the requests of neighbors, DDOT, and the State Department and take out? Sadly, no corrective action can restore the mature trees, but landscaping will be far more appealing, and appropriate, than the completely paved-over yet empty yard.
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by Thaps on Dec 5, 2011 4:00 pm • link • report
by Dave Murphy on Dec 5, 2011 4:20 pm • link • report
by tom veil on Dec 5, 2011 4:40 pm • link • report
by Brad on Dec 5, 2011 4:42 pm • link • report
by julie on Dec 5, 2011 5:01 pm • link • report
As for fines, the city can't directly fine a sovereign nation, much in the same way the city can't fine the federal government. DDOT may have the ability to tear up the pavement but there are other options available.
According to the State Department's Diplomatic Note that was issued on September 6 of this year, which says that a diplomatic mission's "failure to comply with local laws could result in legal and financial complications for a consular post." It goes on to say that if the State Department finds that a property is in violation of the the Foreign Missions Act (which requires that embassies follow local zoning and building laws) then the embassy may not be designated as a consular post and "would be assumed not to enjoy any otherwise applicable diplomatic or consular privileges and immunities, including inviolability and exemption from real estate taxation."
So yeah, I think it would be in the best interests of the Congolese Embassy to just fix the damn yard.
by Adam L on Dec 5, 2011 5:48 pm • link • report
This is the embassy of the Republic of Congo (Capital is Brazzaville). The vote issues we've been reading about are related to the other Congo ... the Democratic Republic of Congo (capital city is Kinshasa)... Their embassy is the not-yet-completed building on New Hampshire across from the dog park. (One block away from this one.)
by Lance on Dec 5, 2011 6:26 pm • link • report
by Thaps on Dec 5, 2011 7:12 pm • link • report
by Kolohe on Dec 5, 2011 8:41 pm • link • report
The greater hope is the part that David kind of glossed over in his report. It's that the Republic of Congo embassy which has already shown its willingness and desire to be a full partner in the historic preservation efforts of its host city by so immaculately restoring the interior and repointing the exterior and repairing and guilding the fence will WANT to restore the lawn and get through this moment of not seeing eye to eye so that it can continue as a full partner with the neighborhood in this endeavour. Sometimes you have to read between the lines. Like in the case for why Mr. and Mrs. 14th and You moved to Rockville.
by Lance on Dec 5, 2011 9:33 pm • link • report
Hopefully you're right and the Congolese Embassy simply makes good on its promise to maintain the integrity of the historic property as it has with the building itself.
However, I disagree that the State Department letter is effectively toothless. Quite on the contrary, I don't believe it's a coincidence that the latest Diplomatic Note, reaffirming the need for foreign governments to get local zoning approval, was released just weeks before the embassy paved over the grounds. Regardless of the circumstances leading up to the release of that Note, it seems likely that the State Department would not be pleased at being so directly and openly ignored.
As for retaliation on our Embassy in Brazzaville, I can think of many reasons why the Congolese government would not get into a silly tit-for-tat, especially in regards to security. Not least of which is the $500 million we send over in foreign aid is equal to almost 5% of their total GDP. In fact, the Congolese are probably going to be most upset when those funds are diverted in order to pay all the parking tickets their vehicles continue to get each time they block the alley.
by Adam L on Dec 5, 2011 11:05 pm • link • report
by Lance on Dec 6, 2011 8:16 am • link • report
by MrTinDC on Dec 6, 2011 8:55 am • link • report
by Dave J on Dec 6, 2011 9:03 am • link • report
I expect that State does not want to escalate a dispute over a front yard, and I hope that they will stick to good neighborly persuasion.
by goldfish on Dec 6, 2011 9:09 am • link • report
by rdhd on Dec 6, 2011 9:19 am • link • report
by w on Dec 6, 2011 10:17 am • link • report
Lance-
I'm not certain why my wife and I were brought into this conversation, or why you think you need to "read between the lines" regarding our move. There's not much to read into. Yet, with the preface that this inquiry is against my better judgment, I am somewhat curious as to what outlandish reasons you may have concocted for our crossing of state lines. Not that we owe you or anyone else an explanation, but since we're getting brought up in abstentia, I might as well ask.
by Ben (Mr. 14thandyou) on Dec 6, 2011 10:36 am • link • report
Starting with this comment and the one below it:
http://greatergreaterwashington.org/post/12979/breakfast-links-federal-raid-roundup/#comment-122742
by MLD on Dec 6, 2011 10:45 am • link • report
Thanks
by Lance on Dec 6, 2011 10:48 am • link • report
by m on Dec 6, 2011 10:50 am • link • report
by Joel on Dec 6, 2011 10:53 am • link • report
Thank you for this major contribution to the growing legend of "GGW Lance". Superb.
I would write something about how "Everyone has already agreed that ample parking was the motivating factor in your move" but I stopped thinking about this comment several minutes ago, and am already busy typing away on my next comment.
by oboe on Dec 6, 2011 10:59 am • link • report
And if not, I'd be happy to concoct some for you.
by oboe on Dec 6, 2011 11:01 am • link • report
I.e., Whether we're talking about putting a foreign government's office building in there (a chancery) or someone's hotel, neither is a good thing for the adjoining neighbors who will have to put up with the kind of externalities that one is not supposed to have to put up with in an area zoned 'residential'. Yeah, I know we keep hearing 'but they just wanted to put a b&b in there', but the truth is that b&b's are allowed as 'a matter of right' ... no special exception is needed. A special exception is however needed for a hotel ... and there's a good reason for that. A hotel carries with it a whole host of externalities that a b&b does not. A b&b is limited to something like 7 rooms and (importantly) the owner MUST be the one managing it and doing it with no more than 1 person assisting. A hotel can have dozens of employees. A b&b cannot hold large events (i.e., parties) that will keep the immediate neighbors up at night, a hotel can. A b&b cannot open a restaurant serving walk-ins as part of its operations, a hotel can. They are 2 very different things. And again, no special permission is required to do a b&b ... Those saying 'it would have been nice to have a b&b in there are being had by those who tried to spin it as an innocuous b&b. Go ask the neighbors living next door to the O Street Mansion if there's a difference between a b&b and a hotel. The problems there with the neighbors regularly made the local papers (i.e., the predecessors to GGW) back in the 90s.
And as for the term 'NIMBY' ... I love the way it gets thrown around to try to denigrate anyone who doesn't agree with your position. It's like people forget what the acronym stands for ... it's Not In My Back Yard.
I know a local activist who is the first to denigrate any neighbors who try to stand up for their rights. Yet, whenever similar situations occur within a block or two of where he lives, he is the first to organize opposition and form groups opposing the actions. THAT is an example of being a NIMBY. Most of the uses of that term I'm seeing on here don't come close to really being an issue of 'Not In My Back Yard.' If we're going to use that offensive term, let's at least try to use it correctly.
by Lance on Dec 6, 2011 11:04 am • link • report
No, I do not agree. First of all, a hotel or B&B IS residential. Second of all, I think it's a good thing to have some mixed uses (not hog-rending plants or NASCAR raccetracks of course) in a purely residential area. I wish there was a hotel closer to my home, for example, so when out-of-town friends and relatives come to visit they could stay nearby. If you want to live in a 100% residential enclave with no possibility of there ever being any mixed uses, there are plenty of gated communities in the exurbs you can choose from.
by MrTinDC on Dec 6, 2011 11:16 am • link • report
As I stated on our blog, we moved for two reasons: time and space. Time, because Mrs. 14thandyou was spending upwards of 2 hours a day in her car traveling to and from the elementary school in MoCo where she teaches and our Logan home; space, because we could afford more of it in MoCo and had been tired after spending years stepping over each other in our previous home.
That's it. There aren't any secret, insidious motivations. Parking had nothing to do with it, nor did any other nefarious reasons that you may wish to ascribe.
As for an update on how living in Rockville has changed my views on urbanism and lifestyle: it hasn't. We still walk pretty much everywhere: to the Metro, to the grocery store, to restaurants and shopping, etc. We live in a large, multi-unit development surrounded by other larger, multi-unit developments in a part of the County slated for significant Metro-focused redevelopment in the coming years. (Density makes as much sense in the area we live now as it does in our old neighborhood.) We might even be getting (gasp) bikesharing up here. Crazy stuff, I know.
It's true, the housing is uglier, the region as a whole is more car-dependant and my daily walk to the Metro isn't as enjoyable as it once was. But we do have some awesome bagel shops, and the Asian dumplings rock.
So, Lance, with that said, I would kindly request that you leave us out of your comments when you're ascribing notions, motivations and ideas to us that aren't true. Because the thing I miss the least about our old neighborhood is the petty, bullshit drama perpetuated by people with an axe to grind.
by Ben (Mr. 14thandyou) on Dec 6, 2011 11:26 am • link • report
I was just thinking the same thing while walking around Capitol Hill the other day. Frankly, the slow conversion of corner shops into residences is one of the great, unremarked-upon tragedies of the last decade. There's no reason why a small well-managed hotel should be any more intrusive than a residence. It could be more so, given that they have a financial incentive not to be a bad neighbor.
by oboe on Dec 6, 2011 11:34 am • link • report
by DW on Dec 6, 2011 11:45 am • link • report
by Lance on Dec 6, 2011 11:53 am • link • report
I get it, you don't Lance's take on the reasons behind your move to MoCo. Maybe it misrepresents the facts. But good grief, there was no sinister motivation here. No one is stalking you and your wife. Lance made a one-sentence statement (based on y'days discussion) about you and your wife and this is how you respond?
You are the only reason why his has taken up so much of your time. If you don't want your and your wife to mentioned online, it might be a good idea to stop doing so yourself because this is really, really odd. I do hope this is not how you normally respond to what people infer about you and your wife online. It surely doesn't make for a welcoming atmosphere.
by HogWash on Dec 6, 2011 11:56 am • link • report
Maybe it misrepresents the facts.
There is no 'maybe' about it. And, frankly, a reader didn't need Ben's rebuttal here to see that.
@oboe
Frankly, the slow conversion of corner shops into residences is one of the great, unremarked-upon tragedies of the last decade.
Absolutely. The density of DC's rowhouse neighborhoods could (and did) support small clusters of corner stores, neighborhood bars, small restaurants and other retail uses. Allowing these kinds of uses by right again could be a tremendous opportunity for the city.
by Alex B. on Dec 6, 2011 12:05 pm • link • report
"So I'm baffled why you seem to take so much offense to a person mentioning you or your wife on a blog. At a mininum, your and your wife would be rather nonexistent to all of us had you not outed yourself on a blog. Now you're requesting that online commenters refrain from talking about the two of you?"
Go back and re-read my comments. I could care less if we're mentioned on a blog. We've been mentioned in a number of places--we wrote it for four years, so it's expected (albeit a bit random in this instance). What I take issue with is individuals making up stories about us in their own minds and using that to justify their rantings. I'm not here to create a "welcoming atmosphere" to people who behave that way.
by Ben (Mr. 14thandyou) on Dec 6, 2011 12:11 pm • link • report
Unless your house or apartment happens to be the one right next door to the noise and foot traffic whose peace, quiet, and order gets sacrificed. But hey ... as long as they're not coming for me yet, why should I care about my neighbors' peace, order, and quiet?
' ... and when they came for me, there was no one there to stand up for me ... '
the hypocracy I see in some of these postings is mind-boggling.
by Lance on Dec 6, 2011 12:14 pm • link • report
Sorry. This must be your first encounter with Lance. If you don't say what he wants to hear, he reads between the lines to find it.
Don't take it personally. He does it to everyone.
(In fact, he's going to do it to me right now. Although I didn't say anything about parking, clearly if you read between the lines, you can see a tacit admission that the system is broken and that I just proved Lance's point about how we can fix America.)
by Matt Johnson on Dec 6, 2011 12:14 pm • link • report
Wouldn't that be if I opposed a retail use next to my house? Have I done so? How would you even know? Or are you 'reading between the lines' again?
by Alex B. on Dec 6, 2011 12:24 pm • link • report
Your circular logic is really tiring and an ineffective technique. It's not "reading between the lines," it's "making s%&! up."
by MLD on Dec 6, 2011 12:29 pm • link • report
@Ben, the "story" he made up is that you moved because of parking. I assume his inference was based off of something you wrote. That's the whole story. OTOH, You thought someone's opinion on "why" you moved warranted an editorial correction and that is what I consider odd. Frankly, I don't think anyone cares why you (personally) moved but we commented on it because the circumstances surrounding your move was mentioned online.
You've made this much more than what it ever was. Somebody wrongly stated the reasons behind your move. So what! I can't even understand what's offensive about that. I could see if he suggested you moved because your wife was a drug dealer or you were evading taxes. He said parking. Geez!
by HogWash on Dec 6, 2011 12:34 pm • link • report
I am hopeful that the State Department plans to put some teeth behind this request if they don't comply. Since it's public space, does anyone know if the city can just tear up the concrete on their own?
by shaw_guy on Dec 6, 2011 12:47 pm • link • report
Ben plainly states that the long commute was part of the reasoning behind the move. Parking (or lack thereof) plays into commute time. It doesn't take a lot of guessing to draw the line between Mrs. 14th and You's rant about having to circle at night when returning from her commute to work because of out-of-state cars in the RPP areas near their home in Logan ... and the next posting some weeks later announcing they have moved to Rockville because of 2 reasons one of which being the commute.
What may be less obvious is the connection between the policies which the so-called urbanists are pushing for ... such as reducing parking options for drivers in the city ... and the effects these very same policies can end up having on them when life brings them to a place where the bike and a good pair of shoes isn't enough to get them where they need to go.
by Lance on Dec 6, 2011 1:13 pm • link • report
I used to live a half block from 18th and Columbia, so I know from commercial/residential mix. We eventually had to move because of noise issues, the culprit wasn't the commercial establishments--it was the noise from our neighbors.
' ... and when they came for me, there was no one there to stand up for me ... '
Ah, right. Martin Niemöller. Wasn't he the anti-Nazi clergyman who was sent to a concentration camp for his defense of German Jews. You're in some rarefied company there, Lance.
by oboe on Dec 6, 2011 1:38 pm • link • report
On the subject at hand: I would not expect much action here, but it's great to see federal entities actually making a potentially positive impact on DC's affairs rather than the usual opposite way it works out. As others have pointed out, State probably can't flex too much muscle without dealing with irritating repercussions overseas, which is too bad. The Congolese are mildly infamous for this sort of habitual line-stepping in the international community. I think DC opting out of the curb cuts would be a hilarious and great solution, except that these guys are just going to roll their diplomatic SUVs over the curb anyway.
Does DC offer any sort of diplomatic all-times street permits for dignitary vehicles? It's not bad that they've set up shop in the neighborhood, and it wouldn't be terrible if they had, say, a pair of dashboard tags like Arlington's flex passes that they could pass around.
by HooShotYa on Dec 6, 2011 1:53 pm • link • report
by MrTinDC on Dec 6, 2011 2:16 pm • link • report
You really don't know that for a fact. For example, load disruptive parties were in fact held on that front lawn even after being denied the change of use. And you have no way of knowing if they wouldn't have paved over the lawn or granted access to the interior. That's a guess.
The only thing we do know for sure is that if we want this place to act like the residence the zoning documents say it is, then neither the office use by the Congolese OR the proposed hotel use by the former owner are appropriate uses of the property. You don't have to agree that this property should remain a residence ... but then that is what needs to be discussed ... not 'this one non-compliant use would have been been better than this other non-compliant use'. It's like saying, jumping into the frying pan is better than jumping into the fire. Either way, the neighbors are getting burned.
by Lance on Dec 6, 2011 5:00 pm • link • report
I bet that your idea of a loud, disruptive party is a LOT different from mine, and most of the other commenters here. ;)
by MrTinDC on Dec 6, 2011 9:19 pm • link • report
by Lance on Dec 6, 2011 9:42 pm • link • report
by Lance on Dec 6, 2011 9:43 pm • link • report
by Alan on Dec 6, 2011 10:38 pm • link • report
by Lance on Dec 7, 2011 8:27 am • link • report
by Alan on Dec 7, 2011 9:24 am • link • report
by MrTinDC on Dec 7, 2011 9:33 am • link • report
You are correct about Lance's idea of what constitutes a loud, disruptive party. I am a neighbor of the embassy/would-be B&B and, in fact, am closer to it than where (I think) Lance lives. Several times, the former B&B owners did in fact hold large parties. They were not terribly common but they did happen. While we sometimes could hear people outside the mansion, they were not terribly loud or disruptive. To their credit, I recall that the owners of the mansion did a pretty good job of keeping people from congregating out front. Ultimately, I would say that they were no louder than the normal street noises we hear from 16th street which includes Metro buses, traffic, people walking and talking at all hours, etc... For what it is worth, we can see the embassy/mansion from two exposures and we tend to be sensitive to noises b/c we have a child.
by DW on Dec 7, 2011 10:04 am • link • report
by Joel on Dec 7, 2011 10:34 am • link • report
by Crickey7 on Dec 7, 2011 10:42 am • link • report
by Lance on Dec 7, 2011 12:16 pm • link • report
by Joel on Dec 7, 2011 12:44 pm • link • report
As to vomit, I can't say I remember any but don't dispute the possibility. But I've also seen the same, and worse, over the past few months so it is pretty hard to say that things would have been any better or worse had the inn become a reality.
At the end of the day, the mansion's owners appeared to have been reasonable people and I strongly doubt that allowing the requested variance would have resulted in any serious harm to the neighborhood or to its neighbors.
by DW on Dec 7, 2011 4:17 pm • link • report
And the point I have been trying to make is that we should settle for neither. The property is zoned residential and neither of these uses are residential. Why are we letting ourselves be drawn into the game of 'maybe this non-residential use will be less impactful than that non-residential use?'
by Lance on Dec 7, 2011 5:49 pm • link • report
The odds of residential usage were incredibly small to none. The market at that time, taken together with the incredible burden of the unique structure, meant overwhelming odds for two usages: chancery, or hospitality.
Odds of a single resident incredibly small, of course. And if you were an investor interested in real estate, you had untold easier opportunities around the neighborhood: new construction, or rehab of multi-unit buildings built much more recently.
Meanwhile, the small-odds option, hospitality, *already* was in play as a B&B, and needed a little help (what Lance fear-mongers as some monstrous morph into a "hotel") to make financials. That was driven out, sending a clear signal to anyone else considering another B&B, and indeed their financiers behind them.
The antis rolled the dice, quite unwisely for the sake of the neighborhood, and the odds of course came down for chancery usage.
by Joel on Dec 7, 2011 7:18 pm • link • report
by Lance on Dec 7, 2011 9:30 pm • link • report
Reality: and it did not happen. It was put to market, and the results are the results.
by Joel on Dec 7, 2011 9:42 pm • link • report
What you saw happening when you had someone trying to put a non-residential use in there, was someone trying to 'get something for nothing' at the neighbors' expense. Residential properties sell for far less per square foot than commercially zoned properties.
by Lance on Dec 7, 2011 10:03 pm • link • report
If you declare defeat before even trying, that's exactly what you'll get.
by Lance on Dec 7, 2011 10:28 pm • link • report
by MrTinDC on Dec 7, 2011 10:41 pm • link • report
by Joel on Dec 7, 2011 10:48 pm • link • report
And then houses started selling as ... surprise surprise ... houses ... at house prices.
It's not your business or my business to help someone sell their place ... which is what I think you are suggesting above. It is however our business not let ourselves be called upon to pay the price - in the way of externalities - for someone converting a residence into a business next door to us. There is plenty of commercially zoned property in this city for these non-residential uses. Yes, commercial real estate sells and rents for many times per square foot what residential real estate sells and rents for ... but that is not by accident. There are a lot of externalities to be covered and paid for where non-residential uses operate.
When someone pays residential prices for a residence and then converts it to a business use, this just pushes those externalities on to the neighbors. I.e., They are left footing the bill. And that's just not right.
by Lance on Dec 7, 2011 11:17 pm • link • report
Enjoy the embassy.
by Joel on Dec 7, 2011 11:31 pm • link • report
by Lance on Dec 8, 2011 12:11 am • link • report
by Joel on Dec 8, 2011 9:18 am • link • report
One thing I find especially interesting is the idea that this building could have become condos. I strongly suspect that many of the people who opposed the zoning variance also would have strongly opposed the building becoming condos for one reason--parking. With several individual units there is a greater likelihood of people moving in with cars. And since the mansion has only one real parking spot (the spot on Riggs where the curb cut is can barely fit one car w/o blocking the sidewalk), residents would have had to park on city streets. Something tells me the Lances of the neighborhood would have been just as opposed to this use. Ironically, it is likely that an expanded B&B would have had a smaller parking footprint because most guests to the area do not bring their own cars and employees can take public transportation--indeed, the impact of the much larger hotels one and two blocks away speaks volumes.
by DW on Dec 8, 2011 9:58 am • link • report
by Alex B. on Dec 8, 2011 10:02 am • link • report
I will add that the B&B, even at the increased capacity which was denied, would have been within the capacity range of all B&B's currently operating in the neighborhood, without devastation predicted by Lance, yet with the additional voluntary restrictions.
by Joel on Dec 8, 2011 10:29 am • link • report
And it's not even about businesses and residents not be able to mix well. Look at near where you are situated. There are a lot of business situated along the commercially zoned 14th Street that back up to residential areas like your own. And, as you've stated above, you don't find it a bother. But there's a difference between your situation and the situation of neighbors abutting a property such as the Toutorsky Mansion (aka R of Congo Embassy), you moved with you are at knowing full well that businesses were allowed to set up shop on 14th Street. You had a choice to live there or not. If you didn't want to live that close to where businesses and all their externalities exist, you could have bought elsewhere ... such as near the Toutorsky Mansion ... where the zoning is supposed to guarantee that they don't exist.
You see, it's not a matter of what you think or what I think would be a tolerable use of that property. It's a matter of what the adjoining neighbors have a legal expectation for it to be given what the zoning there is. And the zoning there is residential.
by Lance on Dec 12, 2011 9:06 am • link • report
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