New Orleans Board of Zoning Adjustments Special Meeting - February 1, 2024

This summary covers the special meeting of the Board of Zoning Adjustments (BZA) held on February 1, 2024 (though the transcript indicates the meeting was called to order on January 29, 2024). The board considered 16 variance requests and one appeal from the Director of Safety and Permits. All decisions were made by roll call vote. The meeting began with roll call, adoption of December meeting minutes, and a reading of hearing rules.

Public Comments & Testimony

• BZA099-23 (1211 State Street): Applicant Lucas Clary and attorney Missy Quigley argued special circumstances due to existing encroachments; neighbor Rebecca Clary expressed support. No opposition.
• BZA107-23 (844 Nunez Street): Applicant Kristin Gisleson Palmer (Barge Board) and architect Seth Welty presented the case for creating two substandard lots for affordable housing, supported by letters from Algiers Point Association and Old Algiers Main Street. No opposition.
• BZA114-23 (3221 Maurepas Street): Applicant Kenneth Tassin and architect Doug Mayo described hardship from an unpaved alley and a large oak tree limiting garage placement. Photographs of nearby similar garages were submitted. No opposition.
• BZA116-23 (3530 Carondelet Street): Applicant Alexander Adamick and owner Jesus Hermosillo requested variances to raise a building and install a front stair per HDLC direction. No opposition.
• BZA117-23 (3622 Dumaine Street): Applicant Kurt Hagstette argued that 87.5% of surrounding homes have non-compliant porches; design was reviewed by HDLC. No opposition, but board had questions about necessity.
• BZA118-23 (3515 Danneel Street): Applicant David Arevalo described a narrow lot and previous structure with similar setback. Concern about light and air to adjacent property raised.
• BZA001-24 (5505 Music Street): Applicant Kaisha Lyman Joseph sought to retain a non-compliant front parking pad due to tree constraints. No opposition from public, but staff recommended denial.
• BZA002-24 (732 Saint Louis Street): Architect Ralph Long and VCC deputy director presented a bar expansion with insufficient open space. No public opposition.
• BZA004-24 (6167 Catina Street): Applicant Trevis Joseph requested variance for a swimming pool in the front yard due to unusual lot configuration. No opposition.
• BZA098-23 (3311 Republic Street): Applicant Lanny Scharpon sought reconsideration of a previous deferral to allow front yard setback variance. Opponent Claudia Sellistan expressed concerns about stormwater and parking.
• BZA008-24 (2900 Perdido Street): Appellant Emily Posner (VOTE) argued the permit for a jail was issued in error when the conditional use had not been amended; former councilmember Susan Guidry supported this view. The city’s Ashley Becknell cited a federal court minute entry directing permit issuance.

Discussion Items

BZA099-23 (1211 State Street) – Pool House Encroachment

• Request: Variances to allow an accessory structure too close to side and rear lot lines. Staff surveyed 123 properties; 73 (59%) had no accessory structures, and of those with structures, 88% were non-compliant. Staff recommended denial. Applicant argued special circumstances due to pre-existing encroachments and an agreement with neighbors. Outcome: Motion to approve by Commissioner James, seconded, finding all nine criteria met. Approved 6-0 with one proviso (site plan review by BZA staff).

BZA100-23 (1834 Second Street) – Multifamily Conversion

• Request: Variances for lot area, permeable space, parking, and rear setback after renovation. Staff recommended denial on most items. Applicant requested 60-day deferral. Outcome: Deferred 6-0.

BZA106-23 (5000 Old Gentilly Road) – Hotel Height

• Request: Variances to build a 4-story, 60-foot hotel in a C2 district (max 40 ft, 3 stories). Staff had no objection to deferral. Outcome: Deferred to February 19, 2024 meeting 6-0.

BZA107-23 (844 Nunez Street) – Lot Subdivision for Affordable Housing

• Request: Variances for minimum lot area, width, and depth to create two 18-foot-wide lots. Staff surveyed only 12 properties in the immediate square; 42% of those had substandard lots. Applicant presented a larger inventory showing many historic substandard lots and submitted letters of support. Board discussed alternatives (townhouse, consolidating lots) but approved based on public benefit and compliance with nine criteria. Outcome: Approved 6-0 with one proviso.

BZA114-23 (3221 Maurepas Street) – Garage Replacement

• Request: Variance for detached garage in corner side yard. Staff recommended denial citing no hardship. Applicant argued the street is essentially an alley and the garage location is the only feasible spot due to a large oak tree. Board found hardship from the unique lot configuration. Outcome: Approved 6-0 with two provisos.

BZA116-23 (3530 Carondelet Street) – Building Height and Stair Encroachment

• Request: Variances for building height (to raise above flood level) and stair encroachment (as required by HDLC). Staff recommended denial, noting if maintained as a 3-family, no variances needed. Applicant said HDLC mandated the stair design. Board acknowledged the conflict between review agencies and approved, finding nine criteria met. Outcome: Approved 6-0 with three standard provisos.

BZA117-23 (3622 Dumaine Street) – Porch and Step Encroachment

• Request: Variance to allow a porch and steps extending 9 ft into the front yard (max 6 ft). Staff found 87.5% of surrounding homes non-compliant but recommended denial citing convenience. Applicant argued a 6-ft porch was not usable. Board suggested the pilaster detail might change the building line, making the variance unnecessary. Outcome: Deferred 30 days to get determination from Safety and Permits on the front building line 6-0.

BZA118-23 (3515 Danneel Street) – Side Yard Setback

• Request: Variance for a 14.75-ft-wide lot to build with minimal side yard setback (staff concerned about light/air). Applicant said a previous structure existed with the same setback for 59 years. Board wanted a survey of the adjacent property to confirm distance. Outcome: Deferred 30 days to obtain survey 6-0.

BZA119-23 (2320 S. Derbigny Street) – Rear Yard Setback

• Request: Variance for two-family with insufficient rear yard. Applicant not present; requested deferral. Outcome: Deferred to February meeting 6-0.

BZA001-24 (5505 Music Street) – Parking Pad Retention

• Request: Variances to keep a front yard parking pad (non-compliant). Staff recommended denial for the pad but approval of a parking waiver (no off-street parking). Applicant suggested deferral to explore putting the pad in the rear with arborist input. Board agreed a compliant rear pad might be possible. Outcome: Deferred 30 days to evaluate rear parking option 6-0.

BZA002-24 (732 Saint Louis Street) – Bar Open Space

• Request: Variance from 20% permeable open space requirement. Staff noted 87% of nearby properties are non-compliant but recommended denial because demolition of an existing structure created an opportunity to provide open space. Applicant argued design incorporated a rooftop courtyard and VCC approval. Board found special circumstances due to historic building constraints and approved. Outcome: Approved 6-0 with two provisos.

BZA003-24 (69 N. Park Place) – Front Parking Pad, Fence

• Request: Multiple variances for a front parking pad and fence. Applicant requested deferral to redesign, possibly replacing pad with a garage. Outcome: Deferred to next meeting 6-0.

BZA004-24 (6167 Catina Street) – Swimming Pool in Front Yard

• Request: Variance for pool in technical front yard (house faces a different street). Staff found most similar lots have compliant pools. Applicant noted the lot’s only feasible location due to shallow side yards. Board agreed orientation created special circumstances. Outcome: Approved 6-0 with two provisos.

BZA098-23 (3311 Republic Street) – Reconsideration of Front Yard Setback

• Request: After deferral, applicant wanted earlier hearing. Board granted reconsideration. Then discussed the merits: variance for front yard setback (20 ft required, 17 ft proposed). Applicant had withdrawn permeable space and parking waivers. Staff recommended approval of the front yard setback. However, board found the architect’s plans were inconsistent and calculations incorrect. Opponent raised stormwater and parking concerns. Outcome: Deferred again to February meeting to correct plans 6-0.

BZA102-23 (1533 Broadway Street) – Director’s Decision Appeal

• Request: Appeal of permit denial. Applicant requested deferral awaiting BBSA input. Outcome: Deferred to February meeting 6-0.

BZA008-24 (2900 Perdido Street) – Appeal of Permit for Jail

• Request: Appeal of permit issued for construction of a jail. Appellant argued no conditional use amendment was obtained, citing clear CZO violation. City cited a federal court minute entry directing permit issuance. Board struggled with jurisdiction over a federal directive. Outcome: Deferred to February meeting for further legal review 6-0.

Key Outcomes

• Approved (all 6-0): BZA099-23, BZA107-23, BZA114-23, BZA116-23, BZA002-24, BZA004-24.
• Deferred:
  • To February 19, 2024: BZA106-23
  • To the February meeting (date unspecified but next regular meeting): BZA100-23 (60 days), BZA117-23 (30 days), BZA118-23 (30 days), BZA119-23 (30 days), BZA001-24 (30 days), BZA003-24, BZA098-23, BZA102-23, BZA008-24.
• No denials. All variance requests not deferred were approved with provisos.

Note: The meeting date according to the user is February 1, 2024, but the transcript shows the meeting was convened on January 29, 2024. This discrepancy is acknowledged.