New Orleans Board of Zoning Adjustments Meeting - October 2, 2023

The Board of Zoning Adjustments (BZA) met on Monday, October 2, 2023, beginning at 10:30 a.m. in Council Chambers. Due to the absence of two commissioners (Candace Forrest and Jose Alvarez), the board lost quorum at noon and recessed for approximately one hour, reconvening at 1:00 p.m. The meeting adjourned around 3:00 p.m. The board heard 17 agenda items, including variances, appeals, an extension request, and election of officers. Several items were withdrawn or deferred.

Consent Calendar

• Adoption of Minutes: The minutes from the September 11, 2023 meeting were approved unanimously (4-0).
• Withdrawn Items: Item 3 (BZA069-23, 1423 General Pershing St.) and Item 10 (BZA090-23, 3725 Sabine St.) were withdrawn.

Public Comments & Testimony

• BZA087-23 (2517 Tulane Ave.): The applicant requested a deferral. Councilmember Harris submitted a late comment (accepted by board). Mary Howell (316 S. Dorgewall) spoke in opposition, supporting deferral but raising concerns about walkability, parking, and traffic. She also noted that the Mid-City Neighborhood Organization’s support letter was outside their territory.
• BZA089-23 (2950 Clio St.): Katina Spira (804 Amelia St., member of Krewe of Muses) spoke in support, emphasizing the Krewe’s community contributions and the need for additional float den space.
• BZA091-23 & 092-23 (102-108 Egret St.): Numerous residents of Lake Vista spoke in opposition to the deferral, arguing that the variance requests did not meet six of nine criteria and that the community’s zoning rules were established after extensive public process. Speakers included Al Robert (counsel for Lakefront Management Authority), Paul Kabash (president of Lake Vista Property Owners Association), Kelly Brown, Deborah Langhoff, Pierre Champagne, and Carol Weiler. They urged the board to deny the deferral and vote on the variances.
• BZA084-23 (7608 Zimpel St.): Appellant Deborah Howell spoke, arguing that the Department of Safety and Permits erred by ignoring amended IZD provisions and by retroactively labeling rooms as bedrooms. Gregory Richardson (representing the owner) countered that the permit was properly issued and the home was rehabilitated from blight.
• BZA086-23 (1120 Lowerline St.): Appellant Deborah Howell spoke at length, alleging misrepresentation of scope, failure to enforce the IZD, and previous violations. Gregory Richardson, the permit applicant, stated that the work was limited to cosmetic repairs and that code enforcement inspected six times. No other public testimony was offered.

Discussion Items

• BZA004-23 (7808 Pearl St.): Staff requested a 30-day deferral because elevation plans were not received. Deferred unanimously.
• BZA068-23 (5936 Louisville St.): Staff recommended denial of variances for lot area and width. The applicant’s representative (property owner is 93 years old) argued for approval to allow subdivision to ease inheritance. The board discussed hardship and the possibility of easements. Commissioner James moved to approve, finding all nine criteria met, with two provisos. Approved 4-0.
• BZA087-23 (2517 Tulane Ave.): Staff recommended split: approve variances for frontage orientation but deny excessive parking, front yard parking, and entrance orientation. The applicant requested 30-day deferral to finalize design with DAC. Deferred unanimously.
• BZA088-23 (129 Allen Toussaint Blvd.): Staff recommended approval of eight variances for a mixed-use development (replacing old movie theater). Applicant noted previous approvals in 2016 and 2021. Approved unanimously with five provisos.
• BZA089-23 (2950 Clio St.): Staff recommended approval for four of five variances (front yard setback on Clio and Erado, front build-to line) but denial for corner side yard setback on South Claiborne. The applicant argued that the through-lot and irregular shape made compliance impossible, and that similar variances had been approved for other dens. Board approved all five variances with three provisos (including Article 21 corner clearance) by a 4-0 vote.
• BZA091-23 & 092-23 (102-108 Egret St.): Staff recommended denial for both, citing failure to meet six of nine criteria. The applicant requested 60-day deferral to explore alternative subdivision options. Despite strong opposition from residents, the board granted 60-day deferrals for both items (4-0).
• BZA093-23 (1923 St. Charles Ave.): Staff recommended denial of height (11 ft, 1 story) and buffer yard (5 ft) variances. Applicant requested 30-day deferral, stating the project is a hotel with rooftop amenities and that the height variance is for non-visible elements. Deferred unanimously.
• BZA094-23 (2678-2680 Myrtle St.): Staff recommended approval of variances for front yard setback and build-to line. Approved unanimously with three provisos.
• BZA095-23 (1940 N. Rampart St.): Staff recommended denial of parking variances (excessive compact spaces, backing out into traffic). Applicant argued the need for off-street parking in a dense neighborhood. Board expressed safety concerns about vehicle maneuvering and blind spots, and moved to defer 60 days to allow redesign.
• BZA069-21 (1515 Poydras St.): Extension request for an open space variance (additional 12,549 sq ft of open space). The applicant requested a one-year extension, citing pandemic delays and code changes. Commissioner Eggins raised concerns about unit mix, short-term rentals, and affordable housing in the mandatory inclusionary zoning district. After discussion, the board deferred the item 30 days for further consideration (4-0).
• Election of Officers: Deferred to the next meeting (November) pending a full board.
• BZA096-23 (1726 Marais St.): No one present; deferred 30 days.

Key Outcomes

• Votes and Decisions:
  • BZA068-23: Approved (4-0) with two provisos.
  • BZA088-23: Approved (4-0) with five provisos.
  • BZA089-23: Approved (4-0) with three provisos.
  • BZA094-23: Approved (4-0) with three provisos.
  • BZA084-23: Appeal denied (4-0), upholding the director’s decision.
  • BZA086-23: Appeal denied (4-0), upholding the director’s decision.
• Deferrals Granted:
  • BZA004-23: 30 days.
  • BZA087-23: 30 days.
  • BZA091-23 & 092-23: 60 days each.
  • BZA093-23: 30 days.
  • BZA095-23: 60 days.
  • BZA069-21: 30 days (for extension request).
  • BZA096-23: 30 days.
• Recess: The board recessed from 12:00 p.m. to 1:00 p.m. due to loss of quorum.
• Next Steps: Disposition notices to be released by October 12, 2023. The board will reconvene in November (date to be determined).