Res. 06-15

ANC 3F RESOLUTION OF OBJECTION

TO
ISSUANCE OF A NEW CLASS “B” LIQUOR LICENSE
TO GIANT FOOD STORE #382

Advisory Neighborhood Commission 3F
North Cleveland Park, Forest Hills, & Tenleytown
4401A Connecticut Avenue, N.W., Box 244
Washington, D.C.  20008-2322

WHEREAS, Giant of Maryland, LLC, T/A Giant Food Store #382, located at 4303 Connecticut Avenue, N.W., has applied for a new Retail Class “B” liquor license, License No. 75065, with hours of sales Sunday through Saturday, 9:00 a.m. to 10:00 p.m., and

WHEREAS, this Giant store is located within the boundaries of ANC 3F, in single member district 3F02, and

WHEREAS, this is not a new store; rather, it is the expansion and remodeling of an existing store at the request of the Van Ness, North Cleveland Park and Forest Hills neighborhood in order to serve the food and produce needs of this community, and

WHEREAS, this store is still not as large as the suburban Giant Food stores, and

WHEREAS, the 4301 Connecticut Avenue building in which this store is located has three entrances and exits, one on Connecticut Avenue, one at 3201 Veazey Terrace, a residentially zoned street, and one connecting to Van Ness North, Van Ness and Van Ness South all located in the R-5-D zoning district, and

WHEREAS, this area has a number of schools and universities all of which located to this area prior to this new “Class B” license request and the change in law allowing licenses within 400 feet of schools if located in a commercial zone, including the University of the District of Columbia at 4200 Connecticut Avenue, ETS and Rock Creek Academy, serving students aged pre-K through 12, at 4401 Connecticut Avenue, VMT ,Education Center at 4201 Connecticut Avenue, and the Edmund Burke School, serving students in grades 7-12, with entrances on Connecticut Avenue and Upton Street, N.W., located just outside the 400 foot limit; and

WHEREAS, Edmund Burke and Rock Creek Academy have open campuses and students purchase their lunch and/or eat their lunch on the plaza area surrounding Giant Food #382; and

WHEREAS, this store is served by a loading dock only accessed on Windom Place, N.W., that also serves for deliveries to CVS and the other business located within 4301 Connecticut Avenue, and Windom Place, N.W., also serves as the loading-unloading area of Calvert Woodley Wine & Liquor, the entrance to the garage for 4201 Connecticut Avenue office

building, the loading dock for Van Ness North, and the drop-off/pick-up point for the DCPS school buses for ETS and Rock Creek Academy;

WHEREAS, there are two Class “A” liquor stores located within 400 feet of Giant Food Store #382; namely, Van Ness Liquors at 4201 Connecticut Avenue, N.W., and Calvert Wine & Liquor at 4309 Connecticut Avenue, to serve the needs of the Van Ness, North Cleveland Park, and Forest Hills communities; and

WHEREAS, ANC 3F has received many comments of opposition to the granting of this Class “B” license from the neighborhood including, but not limited to, a comment that people recovering from addiction are cautioned not to patronize stores selling alcoholic beverages in order to avoid temptation; and

WHEREAS, the Council of the District of Columbia in enacting the “Full service Grocery Store Alcohol License Exception Act of 2005,” effective March 8, 2006, specifically stated in Sec. 2. Section 25-314(b), number ‘F’ “The opinion of the ANC in which the establishment is located has been given great weight as specified in Chapter 4.”

THEREFORE, BE IT RESOLVED, THAT ANC 3F objects to the issuance of a new Class “B” liquor license to Giant of Maryland, LLC, T/A Giant Food Store #382, on the grounds of over-saturation of the neighborhood of Class “A and B” liquor licenses, peace, order, and quiet of the neighborhood, and the additional flow of traffic to be generated to Windom Place, N.W.

BE IT FURTHER RESOLVED, THAT ANC 3F be represented by Commissioners Kessler, Perry, and Winstead.

Approved by a vote of 4-2-1 at a duly noticed public meeting of ANC 3F on May 15, 2006, with a quorum present (a quorum being 4).

/s/ Cathy Wiss /s/ Robert V. Maudlin

Cathy Wiss, Chair Robert Maudlin, Secretary