Board of Zoning Adjustments Special Meeting - November 16, 2023

The New Orleans Board of Zoning Adjustments (BZA) held a special meeting on November 16, 2023, to consider a docket of 17 items, including variance requests, appeals of safety and permits decisions, an extension request, and administrative matters. The board voted on numerous items, with several deferrals, four approvals, and one denial. Key debates centered on a proposed Trader Joe's grocery store on Tulane Avenue, a bed and breakfast appeal involving historic preservation, and a permit revocation for a Broadway Street property.

Call to Order & Administrative Items

• The meeting was called to order at approximately 10:00 AM. Roll call was taken: Candice Forrest (present), Todd James (present), Tamara Agins (absent), Jose Alvarez (present), Ramiro Diaz (absent), Alfonso Gonzalez (present).
• The board unanimously adopted the minutes from the October 2, 2023 meeting (4-0).

Consent Calendar

• No separate consent calendar was used; all items were individually considered.

Public Comments & Testimony

• BZA052-23 (3718 Baudin Street): Mary Mice and Gubala, a nearby resident, opposed variances for a residence on a small lot, citing hazards to light, air, and safety.
• BZA073-23 (7311 Hurst Street): Justin Schmidt, representing adjacent neighbors, opposed a further deferral, arguing the application did not meet seven of nine criteria and had been delayed since June.
• BZA087-23 (2517 Tulane Avenue – Trader Joe's): Extensive public testimony. Supporters included the applicant (Colette Wharton of FILE, owner of Lakeside Shopping Center), architect Miles Granderson, and lobbyist Mike Sherman. Opponents included Sandra Stokes (Louisiana Landmark Society), Miles Trappel, Karen Acker, Mary Howell, and Mary Mice and Gubala, who cited excessive parking, lack of pedestrian orientation, and harm to the neighborhood. They recommended denial of key variances.
• BZA096-23 (1724-1726 Marais Street – Bed and Breakfast Appeal): The applicant argued that the Department of Safety and Permits' interpretation of "outwardly appear as a single-family dwelling" was inconsistent with historic preservation requirements and other city practices. Opponents did not speak.
• BZA102-23 (1533 Broadway Street – Permit Revocation): The applicant’s representatives (Kailey Labeouf and Greg Richardson) argued detrimental reliance, stating the city issued a permit, the owner spent $55,000, and construction was underway. Opponents (Keith Harding, Kenneth Jelpey, Mark Westman, Michael Charbonnet) alleged misrepresentation, unpermitted work, and bad faith, urging the board to uphold the revocation.

Discussion Items

• BZA087-23 (Trader Joe's Variances): The board deliberated extensively on variances for front yard setback, building line, entrance orientation, loading zone location, maximum parking, and parking location. Staff recommended denial of excessive parking, entrance orientation, and front yard parking variances. The applicant argued the full-block lot created unique hardship and that the Trader Joe's brand required more parking. Commissioner James noted the auto-oriented nature of Tulane Avenue and neighboring precedent. Commissioner Forrest acknowledged the need for parking given the store's popularity. The board ultimately approved all requested variances, subject to four provisos.
• BZA096-23 (Bed and Breakfast Appeal): The board discussed the lack of a definition for "outwardly appear as a single-family dwelling" and the inconsistency of requiring interior door disabling when the exterior remains unchanged. Commissioner James noted that historic preservation restrictions may create a hardship. The board voted to overturn the director's decision, finding error in interpretation.
• BZA102-23 (Permit Revocation): The board discussed the complexity of determining whether the permit application was complete before the Interim Zoning District (IZD) took effect. Staff recommended that the question of completeness be referred to the Board of Building Standards and Appeals (BBSA). The board agreed to defer the appeal for 60 days to allow the applicant to seek a BBSA determination.

Key Outcomes

• BZA004-23 (7808 Pearl Street): Deferred 30 days at staff request (4-0).
• BZA052-23 (3718 Baudin Street): Deferred 30 days at staff request (4-0).
• BZA073-23 (7311 Hurst Street): Deferred 30 days at staff request (4-0).
• BZA087-23 (2517 Tulane Avenue): Approved all requested variances (front yard setback, building line, entrance orientation, loading zone, maximum parking, parking location) subject to four provisos (4-0).
• BZA093-23 (1923 St. Charles Avenue): Automatically deferred to December 4 due to lack of quorum.
• BZA097-23 (3128 Annunciation Street): Denied for rear yard setback variance (4-0).
• BZA098-23 (3311 Republic Street): Deferred 30 days (applicant absent) (4-0).
• BZA099-23 (1211 State Street): Deferred 30 days for revised plans (4-0).
• BZA100-23 (1834 Second Street): Deferred 30 days at staff request (4-0).
• BZA101-23 (3900 blocks Jennifer, Kathleen, Amanda Streets): Approved variances for lot area, width, depth, and front yard setback subject to one proviso (4-0).
• BZA105-23 (1832 Painters Street): Deferred 30 days at staff request (4-0).
• BZA069-21 (1515 Poydras Street): Extension of time granted for one year (4-0).
• BZA040-23 (2842 Coliseum Street): Deferred 30 days (4-0).
• BZA096-23 (1724-1726 Marais Street): The board overturned the Director of Safety and Permits decision, finding error in interpretation regarding the outward appearance of a single-family dwelling, specifically noting historic preservation context (4-0).
• BZA102-23 (1533 Broadway Street): Deferred 60 days to allow the applicant to seek a determination from the Board of Building Standards and Appeals on the completeness of the permit application (4-0).
• Item 16 (Election of Officers): Deferred 90 days to allow a new board member to participate (4-0).
• Item 17 (2024 Meeting Schedule): Deferred 30 days to finalize council chamber availability (4-0).

Adjournment

The meeting was adjourned at approximately 2:45 PM.