#bloomingdaledc via Scott Roberts

From: stuart davenport <studavenport @ yahoo.com>

To: tom @ welovedc.com

Sent: Wed, July 21, 2010 10:37:38 PM

Subject: Re: [Brookland] Fwd: Big Bear Cafe: Now Including Occupancy Permits- 2006 & 2010

Tom-

If you have any questions please let me know. 

Gigi knows that the ANC missed the July 12th deadline to file a protest, and they therefore have no standing in the BBC application.  She was informed of this ABRA requirement in early June/July before the deadline, and then was reminded by ABRA the day of the ANC vote. 

The below information supplied by Gigi is incorrect.  The application with the Office of Zoning was not for a change of our existing use, but for a map amendment to “correct the non-conforming status” of the building.  This does not affect the legality of the cafe as it operates now - it affects how the cafe can be treated in the future.  It ensures that no-one can take away its commercial status, and it allows the cafe to operate without requirement of special exceptions (BZA, etc.).

The BBC had a certificate of occupancy for 8 seats in 2006, for a grocery/deli.  By definition (in 2006), a deli was a place with prepared food, and a restaurant was a place with sit-down seating.  Because we were allowed seats we were then able to get a restaurant license when we opened in 2006 and operate as we do now - as a restaurant.

The main problem was that we could only get 8 seats when we opened, and we told the ANC this in 2007 when we asked for support in bringing our cafe into compliance. This is documented in the minutes. During the process, however, I was able to get the increased seating through a zoning/structural/building review through a Certificate of Occupancy building permit and we completed the construction work in 2008.  In spite of Gigi`s claim that she does not feel the cafe space is big enough for the increased seating, load calculations were done by the structural review coordinator as well as fire code review coordinator at DCRA.  The work was also fully approved by the DCRA zoning administrator, mechanical engineer, electrical and plumbing engineers, etc..  With this approved building permit we then did not need to pay the large fees to file our map amendment case.

I reviewed these issues with Com. Bonds and Gigi, and filed a full detailed report with the ANC when Gigi requested it in June.  To this date, she and Barrie Danneker continue to state the facts incorrectly to the ANC, the public, and the press.

My mistake was to not file the final documents for the final C of O after all work was completed and approved with the building permits.  In April, 2010 we informed the ANC and ABRA that the documents still needed to be filed and ABRA said it was not a problem in our application.  They did require that it be filed before our application could be approved in the preliminary review.  This was done April 23, 2010.  Around the same time we decided to file the map amendment case with the office of zoning because it was also a requirement in our application, and also because negative statements were being made by Com. Danneker and Com. Ransom to the public through the Washington City Paper website.  Our ABRA reviewer had no problem with the fact that the map amendment was not complete and would take time.

As you can see, the process has been complicated. 

I have given Gigi multiple reports on all of these facts, but she continues to present the facts incorrectly.

She also filed a complaint with the Office of Campaign Finance and I was told to not participate in the conversation or communicate with the ANC in any deliberation or ongoing discussion.  She then documented in the final ANC Resolution protesting the BBC that I was not responding openly to ANC requests.

Also, we passed out fliers door to door before completing our ABRA application, and held a community meeting on May 18th with residents who raised concerns (which contradicts the ANC claim that we did not reach out to concerned residents).  I also notified the residents when the placards were posted on May 28th (which was our only legal requirement for public notification).  We then presented to numerous civic associations and to the residents at the ANC meeting and we all agreed at the direction of Chair Anita Bonds to a June 2nd deadline for a voluntary agreement.  The neighborhood group then did not respond to numerous requests, and the deadline passed.  The group then protested the BBC license just before the July 12th petition period deadline.

There are numerous accusations - including not having a private trash service (under contract since 2006), not having an alcohol license for wine tastings (covered under an ABC caterer`s license), not having permits for music (which are not required in DC law), and not having a DDOT permit for outdoor seating (permitted by DDOT, and fully insured during a full sidewalk cafe permit application process).

The facts in the ANC resolution as stated were inaccurate.

Please let me know if you have any additional questions or concerns and I will do my best to address them.

You can reach me at studavenport@gmail.com

-Stuart