Permit Denied for Work on Collapsed Building

The Department of Consumer and Regulatory Affairs denied a permit application and upheld a stop work order issued for 1424 Wisconsin Ave. during a hearing earlier this month. The property owner, Mohammad Esfahani, had filed a building permit for new construction on the site of the Thanksgiving Day building collapse.

But because of the November 2011 collapse, "The current building plans are no longer a valid and accurate representation of the proposed scope of work," explained DCRA spokesperson Helder Gil. "Until the [stop work order] is lifted, no work can be done until an approved plan and new/revised building permits are issued."

To have the stop work order lifted, a structural engineer must examine the site, determine the cause and offer guidance on how to safely move forward with any  site work. Neighboring property owners and several Advisory Neighborhood Commissioners have serious concerns about allowing the property owner to choose an engineer to make the necessary evaluations.

"That seems like a conflict of interest," said Commissioner Tom Birch at the most recent ANC meeting. "I worry about a cover-up report coming from an individual who is hired by the property owner to explain what happened at the property."

Esfahani, who also owns the Z Burger fast food chain, has had previous run-ins with the Georgetown ANC. Almost 10 years ago he leased 1329 Wisconsin Ave., historically an ice house built in the mid 1800s. During renovations, part of the roof collapsed, reducing the building to an unsupported facade.

During the late January ANC meeting, Bill Starrels said he remembered "terse, closed-door meetings" with the then director of DCRA when they fined Esfahani for demolition by neglect.

The ANC asked DCRA to step in and take on a bigger role in the oversight of the 1424 Wisconsin Ave. to prevent additional damage. DCRA Director Nicholas Majett said if there is concern of a "bad actor" he could refer the case to the Office of the Attorney General.

Gil told Patch in an email that thus far DCRA has not made such a referral.

But he, added, "If we believe we’re not getting sufficient cooperation from him or if we have an issue of the construction work exceeding the scope of the permits or being done in a dangerous manner, we certainly can make that referral."