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BZA postpones two proposed 16‑person health‑care facilities after ANC seeks more detail

2802168 · March 28, 2025
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Summary

Two self‑certified requests to operate 16‑person health‑care facilities at 4237 Eads St. NE (2124O) and 4231 Clay St. NE (21249) were postponed to allow applicants to present fuller operational materials to the relevant ANCs and file any ANC resolutions with the BZA.

At the March hearing, the District of Columbia Board of Zoning Adjustment postponed hearings for two proposed 16‑person health‑care facilities to give advisory neighborhood commissions time to review detailed materials and issue formal comments. The cases are recorded in the hearing as application number 2124O (4237 Eads St. NE, 71 Florida Ave 39 LLC) and application number 21249 (4231 Clay St. NE).

Why it matters: Both proposals would classify as "health care facility" uses under Subtitle U §203.1(j) and require special‑exception approval because each proposes 16 residents in an existing two‑story house in an R‑2 zone. ANC members expressed concern about the facility type and whether it would serve returning citizens or higher‑intensity rehabilitation uses rather than assisted‑living residents. Commissioners asked for clearer operational plans, staffing/visitor rules, and evidence about service providers, parking and cumulative impacts given another facility within roughly 450 feet.

What the board said: Chairman Fred Hill paused the hearings after ANC representatives said they were not given the same presentation materials that were submitted to the BZA. The board directed applicants to present at the ANC meeting (ANC 4B for the Clay Street case and the relevant ANC for Eads Street), to file any ANC reports with the BZA in advance of the rescheduled hearing, and to return on the date the board set (04/23/2025) unless an alternate schedule was agreed.

Applicants’ position: Counsel for the applicants (Alex Wilson of Sullivan & Barros) said the operators proposed assisted‑living/medical‑assistance services — a lower‑intensity residential health‑care use — that OP had reviewed. Applicants supplied site photos, parking counts and draft operations manuals in the record and said each proposed facility would provide staff on‑site 24 hours, an alarm/security system, a visitor policy, quiet hours, and scheduled deliveries to limit traffic impacts.

ANC concerns: ANC commissioners said the ANC meetings did not receive the PowerPoint and operational packet presented to the BZA and requested the applicants return to the ANC with the same documentation. Commissioners wanted clarification that the facilities would not be returning‑citizen or behavioral‑health rehabilitation programs, and they asked for time to vet the proposals with residents on April ANC agendas.

Office of Planning: The Office of Planning (OP) told the board it coordinated with licensing and other agencies and recommended approval in its report, noting that an existing Clay Street facility is approximately 450 feet away and that shared service providers could reduce cumulative impacts.

Next steps: The board scheduled both cases for 04/23/2025 in the hearing and directed applicants to provide ANC reports and any supplemental materials before that date. If the ANC submits a resolution or comments, applicants may file a response in the record as indicated by the chair.