Comments on Mendelson wades into the zoning update with Sept. hearing - Greater Greater Washington

Comment by Rob Halligan

Fri, 24 Aug 2012 19:34:21 EDT

I'm a fan of both Phil Mendelson’s and Carol Mitten's...If you are going to opine on how Phil will weigh in on ZC issues, you have to consider that he will have Carol, the former ZC Chair’s, council on this matter.

Comment by Dizzy

Wed, 22 Aug 2012 23:00:39 EDT

@fongfong and DAlpert:

That may be the official state of affairs, but in reality, we all know that Councilmembers can and do exert tremendous influence behind the scenes, particularly when it comes to things affecting their ward. That includes leaning on executive agencies like OP, DDOT, etc. I don't know if Mendo would do something like that in this case, but it should be understood that CM's unofficial power often equals or exceeds their official authority.

Comment by David Alpert

Wed, 22 Aug 2012 22:42:29 EDT

Turnip: Almost nothing about alley dwellings is changing in the zoning update. Accessory dwellings does not mean alley dwellings; accessory dwellings means a garage or basement or something, not an alley unit.

To create an alley dwelling, the fire department must sign off on whether they can get fire trucks to the unit in case of fire. If they say no, it can't be built. That is current law and won't change.

There are a few places where the fire trucks can get in but the current rules limit one; an alley must be a certain width for an alley dwelling, but in a few places there is a narrower alley to get to the main alley, and last I heard the zoning update will make it legal to build a unit there IF the fire department, DDOT and other DC agencies say okay. If the fire department or others say it won't work, it still won't be allowed.

Comment by Turnip

Wed, 22 Aug 2012 20:35:50 EDT

Strongly oppose adding alley dwellings. I saw one on fire not long ago. The fire trucks couldn't get close enough to it.

Comment by David Alpert

Wed, 22 Aug 2012 13:49:40 EDT

fongfong: Good question.

Yes, the whole process is outside the council's purview. However, councilmembers can weigh in, and often do. Mendelson has often written or signed onto letters opposing certain projects and has even sometimes gone and testified against them at the ZC. Especially since he is chairman his opinion will carry some significant weight.

The Chevy Chase email from Linda Schmitt also says they are hoping the council will pass a "sense of the council" resolution against the update. I think that's unlikely but we have to be on guard against a move to do something like that. Again that would just be advisory, but would carry even more weight.

Another side issue here is that the Office of Planning is doing the update, not the Office of Zoning; OZ just manages the Zoning Commission and Board of Zoning Adjustment process, and the ZC will be the one deciding on the update, but it hasn't been formally sent from OP to the ZC yet, so the ball really isn't in OZ's court yet.

That matters because the Committee of the Whole oversees OZ but not OP, and thus it's a little tenuous for Mendelson to have a hearing. Really this should be in the committee overseeing the Office of Planning. But Tommy Wells chairs that committee, and he isn't aligned with the opponents, so they got Kwame Brown to call a hearing; Brown then resigned, but they seem to have gotten Mendelson to go ahead with it.

Comment by fongfong

Wed, 22 Aug 2012 13:38:39 EDT

I'm hopeful someone with a handle on the Zoning Rewrite process can explain Mendelson's role in this whole thing. Sure, he can hold a hearing on anything he wants, and make some noise, but legally/functionally, isn't the process one that is outside the purview of the Council?

Comment by David Alpert

Wed, 22 Aug 2012 13:38:34 EDT

monkeyrotica: Well, I'm trying to give him room to do the right thing first.

Comment by monkeyrotica

Wed, 22 Aug 2012 13:15:31 EDT

Councilman Nimby? Lord of All Status Quos? Open-minded to zoning reform? I thought crazy pills were illegal in DC.