SULLIVAN, STYLES &BARROS,LLP M A R T I N P.

S U L L I V A N , P A R T N E R
DIRECT: (202) 503-1704
REAL ESTATE, Z O N I N G , LITIGATION, ESTATE PLANNING, WEALTH PRESERVATION MSULL1VAN@SSBLAWFIRM.COM

June 22, 2010

By Hand Delivery

Board of Zoning Adjustment

441 4 th Street, NW
Suite 210S
Washington, DC 20001

Re: Special Exception Application (§735) for 1711 Florida Avenue, N.W.

Dear Members of the Board,

Enclosed please find a special exception application for approval of an Animal Boarding
use at the above-referenced location. Attached is an original and 20 copies (where applicable) of
the following:

The $1,200 Filing Fee;

Letter from the Applicant/Owner and Tenant authorizing me to represent both of them
before the Board;
BZA Application Form 120;
BZA Form 135;
A building plat from the D.C. Surveyor's Office;
A detailed statement of existing and intended use, including tenant list;
A detailed Applicant's Statement explaining how the application meets the burden of
proof for the special exception request;
A copy of the existing Certificate of Occupancy for the Property;
Photographs, and a map, depicting the existing structure and its relationship to
surrounding property; and
• Names and addresses - and self-stick labels - of the owners of all property within 200
feet of the subject property (one original and one copy).

The Applicant requests that the Board schedule a public hearing on the application as soon as
possible. I am available to answer any questions or to provide any additional information.
Thank you for your consideration of this application.

Sincerely,

Martin P. Sul lvan

enclosures

1990 M STREET, NW, SUITE 200 WWW.SSBLAWFIRM.COM (202) 503-1700 OFF

WASHINGTON, DC 20036 INFO@SSBLAWFIRM.COM (202) 503-1701 FAX
 1711 Florida Avenue Property, LLC
7801 Norfolk Ave., Suite 200
Bethesda, MD 20814

June 9, 2010

Board of Zoning Adjustment

441 4 th Street, NW
Suite 21 OS
Washington, DC 20001

Re: BZA Special Exception and Variance Application - 1711 Florida Avenue, N.W.
Planet Pet, LLC

Dear Members of the Board:

I hereby authorize the law firm of Sullivan, Styles & Barros LLP to represent 1711
Florida Avenue Property, LLC in all proceedings before the D.C. Board of Zoning Adjustment
concerning the above-referenced application.

Sincerely,

1711 Florida Avenue Property, LLC

Signatureu r^^o&^^_-
Name: S l V f l f c r ~ D , S ^ K O ° L£-/"C

Title: MANfl&efU Qr Gr£^W'A( HXN/£A

Rx><HOA tW<2- LLC.

/
 11001/001
06/08/2010 16:36 FAX 2028728045

Dogs by Day, LLC

1724 14 th St N'/V
Washington, DC 110009
202-986-6301

June 7, 2010

Board of Zoning Adjustment

441 4th Street, NW
Suite 21 OS
Washington, DC 20001

Re: BZA Special Exception and Variance Application - 1711 Florida

Avenue, N.W.

Dear Members of the Board:

I hereby authorize the law firm of Sullivan, S' j ies & Barro's1 LLPtorepresent
Dogs by Day and Green Pets (as we are currently mr v.d) in all proceedings before the
D.C. Board of Zoning Adjustment concerning the ab>> n e-referenced application.

Sincere I /,
Dogs b> 1 >ay

Signature/^); J A^X ^^JEXC/\

Name: Lv,> L W^VcU

Title: O\ i ^°^,
F o r m 120 - E x h i b i t 1
(Revised 05/01/08) Case No.

BEFORE THE BOARD OF ZONING ADJUSTMENT

OF THE DISTRICT OF COLUMBIA
APPLICATION
Before completing this form, please review the instructions on the reverse side.
Print or type all information unless otherwise indicated.

Pursuant to Sections §3103.2 - Use Variance, §3103.2 -Area Variance and/or §3104.1 - Special Exception of Title 11 DCMR-
Zoning Regulations an application is hereby made, the details of which are as follows:

Zoning Relief Being Sought

Address(es) Square LotNo(s). Districts Area Variance • Use Variance Section No(s).
Special Exception

1711 Florida Ave., NW 2562 95 RC/C-2-B Special Exception 735

Present use(s) of Property: Offices (Existing Parking G a r a g e on First Floor)

Proposed use(s) of Property: Animal Boarding Use

Owner of Property: 1711 Florida Avenue Property, LLC Telephone No: 301-656-1956
Address of Owner: 7801 Norfolk Ave., Suite 200, Bethesda, M D 2 0 8 1 4

Written paragraph specifically stating the " w h o , what, and where of the proposed action(s)". This will serve as the Public

Hearing Notice: Owner, 1711 Florida Avenue Property, LLC, and tenant, Planet Pet, request special
exception approval to operate an Animal Boarding Use - with accessory dog training, grooming, and retail -
in the R C / C - 2 - B z o n e district at 1711 Florida A v e n u e , N.W.

Estimated Advisory Neighborhood Commission

construction cost
0 Single-Member District(s) 1C-07
l/We certify that the above information is true and correct to the best of my/our knowledge, information and belief. Any person(s) using a
fictitious name or address and/or knowingly making any false statement on this application/petition is in violation of D.C. Law and subject
to a fine of not more than $1,000 or 180 days imprisonment or both,
f D.C. Official Code « 22-2405)
-I* *
Date: Signature:
blMtP
* The Owner of the Property for which the application is made or his/her authorized agent In the event an authorized agent files an
application on the behalf of the Owner, a letter signed by the Owner authorizing the agent to act on his/her behalf shall accompany the
notice of application.

To be notified of hearing and decision (Owner or Authorized Agent*):

Name: Martin Sullivan, Sullivan, Styles & Barros, LLP
Address: 1990 M Street, NW, Suite 200
Phone No. 202-503-1704 Fax No.: 888-318-2443 E-Mail: msullivan@ssblawfirm.com

ANY APPLICATION THAT IS NOT COMPLETED IN ACCORDANCE WITH THE INSTRUCTIONS ON THE BACK OF THIS
FORM WILL NOT BE ACCEPTED.
 Form 1 3 5 - S i d e 1
(Revised 05/01/08) C a s e No.

ZONING SELF-CERTIFICATION FORM

Project Address(es) Square Zone Districtfs) ANC(sySingle Member

[1711 Florida Avenue, N.W. RC/C-2-B 1C-07

1711 Florida Avenue, N.W.
1711 Florida Avenue, N.W.
CERTIFICATION
The undersigned agent hereby certifies that the following zoning reiief is required from the Board of Zoning Adjustment in
this matter pursuant to:

Relief Sought

Pursuant to Subsections

Pursuant to 11 DCMR §3113.2, the undersigned agent certifies that:

(1) the agent is duly licensed to practice law or architecture in the [
(2) the agent is currently in good standing and otherwise entitled tc
MUimVglliHKsSjiiiniSH
HI
The undersigned agent and Dwner acknowledge thai they are assuming the risk that the owner may require additional or different zoning
relief from that which is self-certified in order to obtain for the above-referenced project, any building permit certificate of occupancy, or
other administrative determination based upon the Zoning Regulations and Map. Any approval of the application by the Board of Zoning
Adjustment (BZA) does not constitute a Board finding that the reiief sought is the relief required to obtain such permit, certification, or
determination.

The undersigned agent and owner further acknowledge that any person aggrieved by the issuance of any permit, certificate, or
determination for which the requested zoning relief is a prerequisite may appeal that permit, certificate, or determination on the grounds
that additional or different zoning relief is required.

The undersigned agent and owner hereby hold the District of Columbia Office of Zoning and Department of Consumer and Regulatory
Affairs harmless from any liability for failure of the undersigned to seek complete and proper zoning relief from the BZA.

The undersigned owner hereby authorizes the undersigned agent to act on the owner s behalf in this matter.

I/We certify that the above information is true and correct to the best of my/our knowledge, information and belief. Any person(s) using a
fictitious name or address and/or knowingly making any false statement on this application/petition is in violation of D.C. Law and subject
to a fine of not more than $1,000 or 180 days imprisonment OT both.
(D.C. Official Code § 22-2405)
Owner's Name (Plei
1711 Fiorida Avenue Properly, LLC
Agent's Name (Please Print)
Martin P. Sullivan Sullivan, Styles & Barros, LLP
Architect
D.C. Bar No. 460458 or
Registration No.

OFFICE OF ZONING DETERMINATION

(11 DCMR §3113.2)

Based upon review of the application and self-certification, this application is

the provisions o
11 DCMR-Zoning Regulation

Signature

District of Columbia Office of Zoning

441 4th Street, N.W. Ste. 200-S, Washington, D.C. 20001
(202)727-6311 * (202) 727-6072 fax * www.dcoz.dc.gov * dcoz@dc.gov
Side 2
INSTRUCTIONS

Any request for self-certification that is not completed in accordance with the following instructions shall not be accepted.

1. All self-certification applications shall be made on Form 135. All certification forms must be completely filled out (front and back) and be
typewritten or printed legibly. All information shall be furnished by the applicant. If additional space is necessary, use separate sheets of
paper to complete this form.

2. Complete one self-certification form for each application filed. Present this form with the Form 120 Application to the Office of Zoning, 441 4th
Street, N.W., Suite 200-S, Washington, D.C. 20001.

ITEM EXISTING MINIMUM MAXIMUM PROVIDED BY VARIANCE

CONDITIONS REQUIRED ALLOWED COISRUCTION Deviation/Percent
Lot Area
(sq. ft.)
Lot Width
*MM M &
l\J f\

(ft. to the tenth) NA,

Lot Occupancy
(building area/lot area) |\>ft
Floor Area Ratio (FAR)
(floor area/lot area) NfV —
Parking Spaces
(number)
Loading Berths
am
(number and size in ft.) .

Front Yard
(ft. to the tenth)
Rear Yard
(ft. to the tenth)
Side Yard
(ft. to the tenth)
Court, Open ,
(width by depth in ft.) ~ " ~ , _
• — "

Court, Closed
(width by depth in ft.) ~=
Height
(ft. to the tenth)
 DISTRICT OF COLUMBIA GOVERNMENT
OFFICE OF THE SURVEYOR
I hereby certify that all existing improvements shown hereon, are completely dimensioned,
Washington, D.C., June 8, 2010 and are correctly platted; that all proposed buildings or construction, or parts thereof, including
covered porches, are correctly dimensioned and platted and agree with plans accompanying
the application; that the foundation plans as shown hereon is drawn, and dimensioned
Plat for Building Permit of: SQUARE 2562 LOT 95 accurately to the same scale as the property lines shown on this plat;and that by reason of the
proposed improvements to be erected as shown hereon the size of any adjoining lot or
premises is not decreased to an area less than is required by the Zoning Regulations for light
Scale: 1 inch = 30 feet Recorded in Book 157 Page 124 and ventilation; and it is further certified and agreed that accessible parking area where
required by the Zoning Regulations will be reserved in accordance with the Zoning
Regulations, and that this area has been correctly drawn and dimensioned hereon. It is
further agreed that the elevation of the accessible parking area with respect to the Highway
Receipt No. 08521 Department approved curb and alley grade will not result in a rate of grade along centerline
of driveway at any point on private property in excess of 20% for single-family dwellings or flats,
Furnished to: KIM MITCHELL or in excess of 12% at any point for other buildings. (The policy of the-Highway Department
permits a maximum driveway grade of 12% across the public parking and the private
restricted property.)

/S/>%-
j i i f S u r v e y o r , D«C.
Date:

By: A.S. (Signature of owner or his authorized agent)

NOTE: Data shown for Assessment and Taxation Lots or Parcels are in accordance with the records of the Department of Finance
and Revenue, Assessment Administration, and do not necessarily agree with deed description.

FVPs»o*

SO-08521(2010)
 Statement of Existing and Intended Use

The structure on the subject property is used as a commercial parking garage, and has
currently-vacant space for which there exists a Certificate of Occupancy for office use.
The intended use in the portion of the building not related to parking is Animal Boarding Use,
with accessory dog training, dog grooming, and pet-related retail.

Tenants in the building on the property include Dogs by Day, LLC (Planet Pet) - current address
is 1724 14th Street, NW

and Colonial Parking - headquarters address is 1050 Jefferson St. N.W.

 BOARD OF ZONING ADJUSTMENT
SPECIAL EXCEPTION APPLICATION

APPLICANT'S STATEMENT

1711 Florida Avenue Property, LLC (Owner)

Dogs by Day, LLC/Planet Pet, LLC (Tenant)
1711 Florida Avenue, N.W. Square 2562, Lot 95

I. Introduction.
This application requests special exception approval pursuant to Section 735 of the
Zoning Regulations for an animal boarding use in the RC/C-2-B Zone District at 1711 Florida
Avenue, N.W. (Square 2562, Lot 95) (the "Property"). The Property is owned by 1711 Florida
Avenue Property, LLC ("Owner"), and will be leased to Dogs by Day, LLC and Greenpets (new
name may be "Planet Pet") (the "Applicant"). The Applicant proposes to operate an animal
boarding use, with accessory uses including the retail sale of pet products, and dog training and
grooming.

II. History and Background of Dogs by Day and Green Pets.

Dogs by Day was started in 1999, and has been operated since then at 1724 14l Street,
N.W. Dogs by Day offers what is commonly known as "doggy day care" and overnight
boarding for busy District residents that prefer not to leave their dogs home alone throughout the
day. The mission statement of Dogs by Day is "To enhance the quality of life for dogs while
relieving the anxiety of their owners by providing a 'safe, fun, loving, and stimulating
environment for the dogs to stay both day and night." Dogs by Day offers 24-hour a day human
and canine companionship in a cageless environment, loving and certified dog handlers and
freedom from guilt about leaving a dog at home alone or in a cage.
Dogs by Day, at their location on 14th Street, currently provides day care for an average
of about 80 dogs, with about 1,500 active clients that rely on Dogs by Day for their daily pet care
and overnight boarding. Dogs by Day is vital to D.C. residents because it provides an outlet for
dogs to play, socialize, work through their fears and aggressions, so that their owners can relax
knowing that their dog isn't home dumping the trash or chewing on the furniture. Many of the
clients of Dogs by Day work long hours in the City and would not consider owning a dog if
Applicant's Statement
1711 Florida Avenue, NW

Dogs by Day wasn't around to look after those dogs. Most dog lovers understand that it may be
cruel to leave a dog home alone inside the house for 10 hours a day.
Green Pets, an affiliated company, currently operates next door to Dogs by Day, and will
join Dogs by Day in a consolidated facility at 1711 Florida Avenue. Green Pets is the District's
most popular all-natural pet food and supply store, and a perfect accessory to the primary animal
boarding use.
Dogs by Day and Green Pets have recently been informed by their landlord that their
lease would not be renewed, after the landlord demanded a large rent increase. Dogs by Day
searched for quite some time for a location that would be both suitable for the operation, and
compliant with the special exception provisions for animal boarding use.

III. The Property and Surrounding Neighborhood.

The Property is located on the northwest corner of Florida Avenue and Champlain St,
NW, in the RC/C-2-B Zone District. The building at 1711 Florida Avenue includes a
commercial parking garage in the rear of the building - cars enter from Champlain St. Across
Champlain Street is a large ball field/park, which abuts the Marie Reed Community Learning
Center. Across Florida Avenue to the south of the Property are a few commercially-zoned row
homes and retail uses.
The proposed location was an incredible find, for many reasons. It's very close to the
existing facility, which is important to the current clients, many of whom walk their dogs to the
day care. It is large enough to house what is the most popular doggy day-care in the City. Also,
the property is well-situated in a heavily commercial district, across from a park, the Marie Reed
Learning Center, and other commercial retail uses. While the Residence Zone (R-5-B) starts on
the other side of Champlain St., there are no residential uses on Champlain Street in the
Residence Zone. The building is a large, brick building, with very small windows, and naturally
well-insulated for sound. Dogs by Day successfully enforces a very successful "no-barking"
policy, and noise will not be an issue.
Clients walking their dogs to day care will enter the facility on Florida Avenue. Driving
clients will be able to enter the parking garage. Champlain Street is a one-way street heading
south, except for a small portion of the street dedicated solely to cars turning right off of Florida
Applicant's Statement
1711 Florida Avenue, NW

Avenue and entering the parking garage from Champlain Street. Therefore, cars coming to this
facility should never have to stop on the street and should not disrupt the flow of traffic, even
when slowing down to enter the garage. Dogs by Day walks dogs in nearby Meridian Park or in
the neighborhood, and never walks more than four dogs at one time.

IV. The Application Satisfies Special Exception Requirements of Sections 3105 and 735.
A. Overview. Pursuant to Section 3104.1 of the Zoning Regulations, the Board is
authorized to grant special exception relief where, in the judgment of the Board, the special
exception will be in harmony with the general purpose and intent of the Zoning Regulations and
Zoning Maps, and will not tend to affect adversely the use of neighboring property, subject also,
in this case, to the specific requirements for relief under Section 735 of the Zoning Regulations.
Uses that are permitted by special exception are deemed compatible with other uses
permitted in that particular zoning classification provided certain requirements are met. In
reviewing applications for a special exception under the Zoning Regulations, the Board's
discretion is limited to determining whether the proposed exception satisfies the relevant zoning
requirements. If the prerequisites are satisfied, the Board ordinarily must grant the application.
See, e.g., Nat'I Cathedral Neighborhood Ass 'n. v. D.C. Board of Zoning Adjustment, 753 A.2d
984, 986 (D.C. 2000). This application provides satisfactory evidence that the Applicant has
satisfied the relevant zoning requirements of Sections 3104.1 and 735, as described below.
B. The Special Exception Requirements.
The proposal in this application satisfies the requirements of Sections 735 and 3104.1 of
the Zoning Regulations.

Section 735.2 The animal boarding use shall not abut a Residence Zone. The Property is located
in the RC/C-2-B, and the Residence Zone (R-5-B) begins in the middle of Champlain Street,
NW. The Property abuts Champlain Street where Champlain Street is still within the C-2-B
Zone District, and therefore cannot be said to also abut the Residence Zone beginning in the
middle of Champlain.1 Furthermore, the beginning of the Residence Zone includes a baseball
field and the Marie Reed Learning Center, and no residential uses. Applicant's counsel had a

1
Webster's unabridged dictionary defines "abut": to be adjacent; touch or join at the edge or border. Webster's
actually uses the example sentence: "This piece of land abuts on a street. "
Applicant's Statement
1711 Florida Avenue, NW

conversation with Matthew LeGrant, the Zoning Administrator, in which Mr. LeGrant agreed
with this interpretation.

Section 735.3 The animal boarding use shall take place entirely within an enclosed and
soundproof building in such a way so as to produce no noise or odor objectionable to nearby
properties. The windows and doors of the premises shall be kept closed and no animals shall be
permitted in an external yard on the premises.
The use will take place entirely within the building, which is already significantly
soundproofed so as to produce no noise or odor. The very small windows camiot be opened.
There is a small (100 s.f.) external yard that will not be used except for dogs and handlers
entering and exiting the building to go for walks off the property.

Section 735.4 The animal boarding use shall place all animal waste in closed waste disposal
containers and shall utilize a qualified waste disposal company to collect and dispose of all
animal waste at least weekly. Odors shall be controlled by means of an air filtration system (for
example, High Efficiency Particulate Air "HEPA"filtration) or an equivalently effective odor
control system.
Animal waste is placed in heavily lined cans and kept inside the facility until the night
before pick-up. Pick-up takes place three times per week. Dogs by Day will be using similar
HEPA filter equipment as in their current site.

Section 735.6 External yards or other exterior facilities for the keeping of animals shall not be
permitted.
As stated above, the small (100 s.f.) external yard will not be used except for dogs and
handlers entering and exiting the building to go for walks off the property.

Section 3104.1 The Board is authorized under § 8 of the Zoning Act, D.C. Official Code § 6-
641.07(e)(2) (formerly codified at D.C. Code j 5-424(e)(2) (1994 RepU), to grant special
exceptions, as provided in this title, where, in the judgment of the Board, the special exceptions
will be in harmony with the general purpose and intent of the Zoning Regulations and Zoning
Applicant's Statement
1711 Florida Avenue, NW

Maps and will not tend to affect adversely, the use of neighboring property in accordance with
the Zoning Regulations and Zoning Maps, subject in each case to the special conditions specified
in this title.
For the reasons described above, granting of the special exception in this case will not
tend to affect adversely the use of neighboring property in accordance with the Zoning
Regulations and Zoning Maps.

V. Reed-Cooke Overlay.
The proposed use does not violate any of the provisions of the Reed-Cooke Overlay, and
in fact strongly conforms with one of the Overlay's stated purposes to: "Ensure that new
nonresidential uses serve the local community by providing retail goods, personal services, and
other activities that contribute to the satisfaction of unmet social, service, and employment needs
in the Reed-Cooke and Adams-Morgan community" (11 DCMR 1400.2(b).)

VI. Conclusion.
For the reasons stated above, this application meets the requirements for special
exception approval by the Board, and the Applicant respectfully requests that the Board grant the
requested relief.

Respectfully submitted,

Martin P. Sullivan
Sullivan, Styles & Barros, LLP
June 22, 2010
(Page 1 of 1)

'*» rt>,p.fioi CERTIFICATE OP OCCUPANCY No. B 81 7 3 6

Wo.hlneton. D.C., ^ ? ^ . „ _ , 1 9 _ M

Permission Is hereby granted to QKg^EAffiB & . £ ^ © 1 / 1 ^ 1 ^ 1 ^ 2 ( 2 ^ (JO^^P

to u&e iho ftkk ft fl^ggl^SS- _ " c ' or ( 6 ) °f 'I10 building located on Lot gig Square _ £||ft2

known as premises _lJlX£i0EL4B_ AyMUi^H.iWi for the following

purpose), O^IgKfl

THI5 CERTIFICATE SKA1L 8E POSTED CONSPICUOUSIV ON THE ABOVE PREMISES

At AU TIMES. IT IS VALID INDEflNlTElY, initial on e*plroi;on dohs |g nlalod, ZONE
ONLY For rho prBmltBi, or p r r ) rherBof, ond for iKe purpoae.(i), indicated
obove, ond IS NOT TRANSFERABLE 'o anorbor person or premlioi under ANY C«M«2
condlHom. AMY CHANGE In rho rype GF bu!>e&a, ownership oF buaineis, or
pan of premises u w d thersfor, will render this CerliFiccle VOID ond o NEW
Certificate muir bo cbrolned.
DEPT. OF ECONOMIC DEVELOPMENT, GOVT. OP DI5T. Of COL
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Perm'.} Oerk
OFFICE COPY
DXPropertyQuest map for 1 7 1 1 FLORIDA AVENUE N W - Sat Sun 5 2010
Lot S42
 View from the Property across Florida Avenue

View of the Property from the south, across Florida Avenue

 View from the Property showing the parking garage lane and park

View from the Property to the Marie Reed Learning Center

View of the Property and the entrance to the parking garage, from the west

View from the Property across Champlain St.