what Bloomingdale pop-ups/pop-backs would be impacted by the Zoning Case 14-11 proposed R-4 regulation ?

Okay, Bloomingdale:

The DC Zoning Commission has initially voted in favor of the proposed Zoning Case 14-11 "Pop-Up Regulations.".

The comment period is open until May 31.   Here is the link if you wish to comment.

     
The proposed zoning regulations include the key changes listed below for R-4-zoned DC neighborhoods, which includes the residential areas of Bloomingdale:

- maximum height of pop-ups would be from 40 feet to 35 feet.  A zoning special exception would be needed for a height above 35 feet.

- maximum distance past the back of adjoining buildings would be 10 feet.  

- the maximum number of dwelling units permitted that would not require a zoning special exception would be four; a zoning special exception would be required for five or more units on really large R-4 lots.  (The largest lots in Bloomingdale can only accommodate three dwelling units, so this provision does not impact Bloomingdale.  Note that some neighbors do not like having greater than two dwelling units per lot in Bloomingdale.) 

- a pop-up/pop-back would not be able to interfere with the operation of neighbors' solar panels. (Some Bloomingdale rowhouses have roof-top solar panels and would ostensibly be protected against pop-ups/pop-backs that interfere with them.)

- the proposed regulations indicate that a rooftop architectural element original to the structure, such as a turret, tower or dormers shall not be removed or significantly altered, including its height, elevation or size. (The proposed R-4 regulation addresses the issue of removing an element and then putting it back on top of a third floor via a restriction that the elevation or height cannot be increased. If someone wanted to do it, they would have to get a zoning special exception. This would definitely would impact some pop-ups developed in Bloomingdale.)

- the proposed regulations count mezzanines as a floor.  (Are there any mezzanines in Bloomingdale?  Not that I know of.)   

- the proposed regulations have an Inclusionary Zoning (IZ) component which applies to four or greater units.  (Since Bloomingdale does not have lot sizes large enough to accommodate four or greater dwelling units, this IZ component does not apply to Bloomingdale.) 

- the proposed 14-11 regulations do not address rooftop penthouses at all.   A rooftop penthouse may be described as not intended for human occupation, such as penthouses over mechanical equipment, a stairway, or an elevator shaft. Rooftop penthouses do not count as a floor. Separate proposed zoning regulations address rooftop penthouses. 

What existing or under-construction pop-ups would have been governed by these new regulations?

The first example might be 42 W Street NW's pop-back.

The proposed zoning regulation change would limit the depth of the pop-back to 10 feet of the houses on either side. Some neighbors have estimated that the pop-back at 42 W St NW is greater than 25 feet.

Note the proposed pop-up zoning regulations are not a done deal; a second vote is needed. The second vote by the Zoning Commission might occur in June or July. 

There is no date for implementation.  Some developers have asked for a year delay in the implementation of whatever gets passed. Expect a battle over the date of implementation.

Note that the pop-up at 1833 1st Street NW, down from Costa Brava in our business corridor, would not be impacted by 14-11.  It is zoned C-2-A and is currently allowed under zoning regulations.  
                              
C-2-A pop-ups & oop-backs are not part of this discussion.