Here is a copy of the resolution ANC5C voted to support last night. 

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Government of the District of Columbia

ADVISORY NEIGHBORHOOD COMMISSION 5C

          PO Box 77761 .  Washington, DC  20013 . www.anc5c.org

 

      RESOLUTION

________________________________________________________________________________________

ON COMMUNITY GROUP OPPOSITION TO BIG BEAR CAFÉ LIQUOR LICENSE APPLICATION

 

Whereas, it is the responsibility of residents elected to and that serve in the position of Advisory Neighborhood Commission in the District of Columbia to uphold the laws of the District of Columbia, and that the Commissioners have the authority to exercise great weight on the decisions of government agencies, specifically with regards to zoning and alcohol and beverage laws and regulations, therefore the Advisory Neighborhood Commission 5C shall inform regarding the current application for a liquor license by the Big Bear Café which is located within the boundaries of 5C;

 

Whereas, the Big Bear Café, located at 1700 First Street NW has operated as a commercial business since 2007 in a residential zoned property that according to DC law is illegal because of non compliance for the operation of a commercial business in a residential zone, however the matter came before ANC 5C in March 2007 when 5C voted to support a DC zoning “change of use” amendment that in effect would change the residential zoning (R4) to commercial (C) zoning;

 

Whereas, at this date the Big Bear Café failed to apply for the “change of use” zoning and therefore has continued operation without proper zoning, only to recently make the necessary application for  the required zoning change as required by DC law and in accordance to regulations of the DC Alcohol and Beverage Administration to enable approval of a recent application to serve alcoholic beverages at the establishment;

 

Whereas, at this date the Big Bear Café establishment has extended to include an outside café or garden area that fronts the 100 block of R Street, NW and 1700 block of First Street,  NW  without the required DDOT public space permits;

 

Whereas, the Big Bear Café has been pursuing an ABC license since January 2010, when ANC 5C was notified, and has only within the past two (2) months have reached out to the immediately impacted residents that reside within 600 feet of the establishment when informed of the protest in opposition to the liquor license application;

 

Whereas, “the Big Bear Café has held events at their location which included alcoholic beverage service without a full or temporary ABC issued liquor license during wine tasting, art shows, musical gatherings;

 

Whereas, the Big Bear Café has failed to notify neighbors within 600 feet of the establishment about musical shows, band appearances, etc. that generate excessive noise inside and on the “sidewalk café” area of the establishment causing continuous complaints from the immediate neighbors;

 

Whereas, at this date the Big Bear Café has not resolved differences with its immediate neighbors including concerns raised about noise, parking and trash or made an agreement to remedy the circumstances;

 

Therefore be it resolved that ANC 5C shall inform the Alcohol and Beverage Administration that it does not support the Big Bear Café application for a CR liquor license at this time.

 

 

 

This resolution was presented for approval at a properly noticed meeting of the 5C Commission

 

Commission on the date of  Tuesday, July 20, 2010.  Advisory Neighborhood Commission 5C is

composed of twelve Commissioners, therefore seven Commissioners constitute a quorum that

was present and voted. At the July 20, 2010 meeting nine (9) of the ten (10) Commissioners that

were present were eligible to vote on this matter.  The nine (9) Commissioners voted

unanimously to support this resolution [Commissioner Stuart Davenport, 5C03 and proprietor of

the big Bear Café, LLC, did not participate in the vote.]

 

Adopted: July 20, 2010

 

We therefore certify this resolution to be true and correct.

 

 

                                                                                                Anita Bonds                           _______________________________________________________________                 

ANC5C Chairman                                                                 

 

 

 

 

                                                                                                Silas Grant                            

________________________________________________________________

ANC5C Recording Secretary                                                  




Resolution