Thursday, July 29, 2010

Every hipster's favorite independent coffee house seems to be tangled up in a web of bureaucratic tape as it attempts to expand its business; and nagging NIMBY'ers don't seem to be aiding their cause. The Bloomingdale-based Big Bear Cafe's recent attempts at getting a proper liquor license, along with its appeal to the local ANC for their support in such endeavors, have been heavily covered by local blogs. But for fans of Big Bear Cafe the news being reported hasn't exactly been peachy. Last week ANC 5C lettered a harshly worded official report voicing the commission's strong and unanimous opposition to Big Bear Cafe's liquor license application. The letter accused Big Bear of, among other things, "operating illegally" (without proper zoning documentation) since 2007. It seems these allegations were a bit sensationalist in nature, and generally inaccurate. Owner Stuart Davenport and the Department of Consumer and Regulatory Affairs (DCRA) confirmed that the premise has grandfathered permission to operate as a commercial entity, having existed as a zoning exception for over a century.

But as Davenport and Big Bear look to expand their operations, they've petitioned the Zoning Commission for a map adjustment that would grant their property C-2-A status (currently zoned as 4 - A residential), thereby allowing more leeway in the business's efforts to increase capacity numbers, to freely expand onto the sidewalks and public space, to hold musical events, poetry readings, and the like, and to sell beer and wine to customers. Zoning officials were not much more sympathetic than the rabble rousing ANC commissioners. On Monday Zoning agreed to set down a public hearing of the applicant's case, but did so with stonewalled faces, and seemingly obdurate concerns. One panel member expressed his reservations about what might happen if the potentially C-2-A-zoned property changes hands in the future. "Theoretically it could be torn down and rebuilt ten feet higher," he worried. "We've seen that happen, where a skinny apartment building is constructed in the midst of several row houses, and it just doesn't fit - it doesn't work." Board member May, proved he too had been watching the local blog forum drama unfold when he timidly said: “There are some legitimate concerns in the neighborhood about the use of this property. The existing use seems to be a very comfortable fit…but gee, a liquor license there, or a sidewalk cafe? I’m not sure.”

Foregoing the normal prerequisite ANC support, the Alcoholic Beverage Regulation Administration (ABRA) heard Big Bear Cafe's request for a liquor license early on the morning of the 26th. If approved Big Bear would be able to please customers who might want a little whiskey in their coffee. Liquor could be served until 1AM outside and 2AM inside on Friday and Saturday. On weeknights, patrons could enjoy their cocktails until ten in the evening. No ruling on the case will be made for 60 to 90 days, as ABRA must allow time for a subsequent "status hearing" and potentially a "protest hearing" if complications and objections cannot be solved through party mediation. It seems that any chance of making it safely through the ABRA application process is heavily reliant on Big Bear's ability to quell the local ANC's fears of their neighborhood quickly deteriorating into the mass hysteria of a late night in Adams Morgan. The time frame also allows for the applicant to negotiate the zoning map amendment process prior to its reappearance before ABRA. Another Commission hearing has yet to be scheduled, and won't happen for at least another 40 days.

These melodramatic happenings don't just make for juicy blog content, they also have serious implications. One question that arises from the flames: how can such a popular business that has faithfully served the community for several years - in an area that has a dismally minuscule number of retail and restaurant options - be so angrily opposed by residents? Big Bear Cafe was even granted the Mayor's 2009 Environment Excellence award. Granted, that sounds like a meaningless certificate a third grade teacher would give to make sure all her students felt appreciated, but still! Another logical question is: why is the ANC bestowed the authority to raise such a hissy fit? It seems the large majority of the community is in support of the business's plans (600 signed a petition in support of the liquor license application), but the ANC has given a symbolic megaphone to a minority of elected curmudgeons in opposition. When an organizations only real power is to say no to things, it's apparent that they are more likely to conjure the zeitgeist of prohibition-era attitudes in order to play devil's advocate. How can residents expect property values to improve if amenities like restaurants, bars, and markets are not readily incorporated into the community? For awhile at least, patrons of Big Bear Cafe will have to settle for a caffeine induced buzz, or go elsewhere.

Washington D.C. Real Estate Development News

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