New Orleans Board of Zoning Adjustments Meeting Summary - March 18, 2024

The New Orleans Board of Zoning Adjustments (BZA) met on Monday, March 18, 2024, at 10:00 AM in the Council Chambers to hear and decide on various zoning variance requests, appeals of decisions by the Director of Safety and Permits, and extension requests. The meeting was called to order at 10:00 AM and adjourned in the afternoon after a recess. Key actions included approvals, denials, deferrals, and the withdrawal of several items. The board also addressed a request to defer the election of officers.

Consent Calendar

• Item 1 (BZA052-23): Withdrawn by the applicant before hearing.
• Item 3 (BZA105-23): Withdrawn by applicant before hearing.
• Item 2 (BZA100-23): Deferred for 30 days.
• Item 5 (BZA109-23): Deferred for 30 days.
• Item 6 (BZA119-23): Deferred for 30 days at staff's request.
• Item 7 (BZA001-24): Deferred for 30 days.
• Item 16 (BZA008-24): Deferred for 60 days.
• Item 19 (BZA006-22): Granted two-year extension.
• Item 20 (BZA014-22): Granted two-year extension.
• Item 21 (Election of Officers): Deferred 30 days.

Public Comments & Testimony

• BZA100-23 (1834 Second Street): Supporters included a neighbor who welcomed new housing and a community leader advocating for low-income housing use. The owner spoke about her intentions to provide affordable housing.
• BZA109-23 (2319 George Nick Connor Drive): No public comments.
• BZA119-23 (2320-22 S. Derbigny Street): No public comments.
• BZA001-24 (5505 Music Street): No public comments.
• BZA005-24 (3864 Johnny Jackson Jr. Blvd): Applicant Louis Roby spoke about rebuilding his family home for affordable rent.
• BZA006-24 (7718-7720 Freret Street): Applicant David Keiffer disputed the staff report and emphasized a minor variance. A neighbor, Keith Harding, spoke in support, noting the neighborhood's parking issues and the commonality of such setups.
• BZA017-24 (2730-2732 Saint Philip Street): Applicant Jay Rutter requested a waiver to allow two off-street parking spaces and a larger balcony; no opponents spoke.
• BZA018-24 (1332-1334 N. Derbigny Street/Esplanade): Applicant's representative expressed appreciation for staff recommendation; no opposition.
• BZA102-23 (1533 Broadway Street): Applicant's attorney argued the city erred in revoking the permit and claimed detrimental reliance. Supporters included Greg Richardson, who described significant investment and reliance on city approvals. Opponents, including neighbors Kenneth Jelpe and Keith Hardy, accused the owner of misrepresentation and circumventing laws; they urged upholding the revocation.
• BZA015-24 (4522 Palmyra Street): Applicant's representative Mark Herman argued the property did not establish multifamily legal use; supporters echoed this. Opponent Ricardo Tenorio, representing the property owner, argued the multifamily use was established and submitted documentation.
• BZA008-24 (2900 Perdido Street): Emily Posner, general counsel for Voice of the Experienced, argued the city failed to follow the CZO process for amending conditional uses, and that the community's right to be heard was violated. No opponents present.

Discussion Items

• BZA100-23 (1834 Second Street): Applicant sought variances for a six-unit multifamily redevelopment; staff recommended denial due to non-compliance with multiple criteria, but deferred to allow applicant to gather more information.
• BZA109-23 (2319 George Nick Connor Drive): Applicant sought to waive impervious surface and setback requirements; staff recommended denial, but board deferred to allow the owner to remove more concrete and potentially come into compliance.
• BZA119-23 (2320-22 S. Derbigny Street): Applicant sought setback variance; staff requested deferral, which was granted.
• BZA001-24 (5505 Music Street): After-the-fact parking pad variance; applicant requested deferral pending arborist report, granted.
• BZA005-24 (3864 Johnny Jackson Jr. Blvd): Variances for rear yard setback and off-street parking for a two-family residence. Staff recommended approval of setback but denial of parking. Board approved both after discussion, finding the site's unique characteristics justified the parking variance.
• BZA006-24 (7718-7720 Freret Street): Variance to allow a shed that would remove a compliant parking space. Staff recommended denial; board denied, noting the applicant had alternative compliant options (e.g., relocating shed, building a garage).
• BZA017-24 (2730-2732 Saint Philip Street): Variances for front yard setback and building line to provide off-street parking and a balcony. Staff recommended denial; board denied after lengthy discussion about illegal parking configurations and the existence of a carport.
• BZA102-23 (1533 Broadway Street): Appeal of permit revocation. The city argued the permit was issued based on incomplete application and material misrepresentation; the BBSA determined the application was complete only after the IZD. The applicant argued no misrepresentation and detrimental reliance. Board denied the appeal, upholding the city's decision.
• BZA015-24 (4522 Palmyra Street): Appeal of determination that property qualifies as established multifamily dwelling. City cited documentation (meters, utility bills, leases) to show historic multifamily use. Applicant argued evidence was insufficient. Board upheld the city's determination.

Key Outcomes

• BZA100-23: Deferred 30 days.
• BZA109-23: Deferred 30 days.
• BZA119-23: Deferred 30 days.
• BZA001-24: Deferred 30 days.
• BZA005-24: Approved variances (rear yard setback and off-street parking) with one proviso; motion carried with 6 yeas and 0 nays.
• BZA006-24: Denied variances; motion carried with 6 yeas and 0 nays.
• BZA017-24: Denied variances; motion carried with 6 yeas and 0 nays.
• BZA018-24: Approved parking variance with one proviso; carried 6-0.
• BZA019-24: Approved variances for rear yard setback and permeable open space; carried 6-0.
• BZA020-24: Approved variances for rear yard setback and permeable open space; carried 6-0.
• BZA021-24: Approved variance for accessory structure setback; carried 6-0.
• BZA102-23: Denied appeal, upheld decision of Director of Safety and Permits; carried 6-0.
• BZA015-24: Denied appeal, upheld decision of Director of Safety and Permits; carried 5-0.
• BZA016-24: Deferred 30 days.
• BZA008-24: Deferred 60 days.
• BZA006-22: Granted two-year extension; carried 4-0.
• BZA014-22: Granted two-year extension; carried 4-0.
• Election of Officers: Deferred 30 days; carried 4-0.
• Meeting adjourned at approximately 4:15 PM.