The appeal (PDF) for the Wisconsin Avenue Giant has been issued. From the order:
Petitioners, Wisconsin-Newark Neighborhood Coalition, the Ordway Street Neighbors Association, and 3300 Idaho Neighbors, challenge a July 13, 2009 order issued by the District of Columbia Zoning Commission (“Commission”), which approved a Planned Unit Development (“PUD”) and related Zoning Map amendment application submitted by Intervenor Friendship-Macomb SC, Inc. (“Giant”) for a project on property that Giant owns. The project encompasses a 178,236 square foot area bounded by 1) Wisconsin Avenue, N.W. and Idaho Avenue, N.W., and fronting Macomb Street, N.W. Petitioners argue that the Commission erred in
(1) failing to refer the project to the Board of Zoning Adjustment (“BZA” or “Board”);
(2) failing to enforce the Macomb-Wisconsin Neighborhood Commercial Overlay District’s (“MW Overlay”) height and density restrictions to the project;
(3) approving a project that allegedly conflicted with the Comprehensive Plan for the District of Columbia; and
(4) concluding that there was substantial evidence supporting Giant’s claim that its truck-loading plan was feasible.
We disagree and affirm the Commission’s order.
This project can now move forward towards the planned Spring 2012 groundbreaking.