New Orleans BZA Meeting Summary – May 20, 2024
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Board of Zoning Adjustments Meeting – May 20, 2024\n\nThe Board of Zoning Adjustments (BZA) met on Monday, May 20, 2024, at 10:00 A.M. in Council Chambers to hear variances, appeals, and other business. The meeting was called to order with roll call; five commissioners present (Candace Forest, Todd James, Tamara Agins, Jose Alvarez, Ramiro Diaz), two absent (Alfonso Gonzalez, Jason Richards). The board adopted the minutes from the April 15, 2024 meeting (4-0). The board recessed at approximately 1:00 P.M. and reconvened at 1:30 P.M. Decisions were released by May 30, 2024. One item was withdrawn (Item 8) and one rendered moot (Item 6).\n\n## Variances – Unfinished Business\n\n### Item 1: 1834 Second Street (BZA100-23)\nThe applicant requested variances for minimum lot area, permeable open space, rear yard setback, and off-street parking to permit a six-unit multifamily development. Zach Smith (applicant representative) provided an updated site plan showing that the building extends nearly lot line to lot line, arguing hardship due to the property's history and physical constraints. No opposition was heard. The board approved the variances (5-0) subject to two provisos: (1) stamping the site plan and (2) removing concrete along Rhone Street except where structurally required.\n\n### Item 2: 2320-22 S. Derbigny Street (BZA119-23)\nThe applicant sought a variance for insufficient rear yard setback (5’4” vs. required 15’) to build a two-family duplex. Irma Plummer (owner) cited safety concerns and neighborhood transition; supporters from the Hoffman Triangle Neighborhood Association and a local pastor spoke in favor. Staff recommended denial, noting the applicant could achieve compliance by adjusting the front setback. The board denied the variance (5-0), finding the nine criteria not met; a compliant set of plans had already been permitted.\n\n### Item 3: 7417 Burthe Street (BZA023-24)\nThe applicant requested multiple parking variances for a four-bedroom unit in a fourplex, including insufficient parking pad depth, tandem parking, front yard parking, backing out, and driveway width. Zach Smith argued that homestead exemptions make parking rules discriminatory; opponents cited overcrowding, safety, and destruction of neighborhood character. The board granted waivers for off-street parking area access and driveway width (subject to two provisos) but denied all other waivers (5-0), effectively preventing the addition of a fourth bedroom.\n\n## Variances – New Business\n\n### Item 4: 2517 Washington Avenue (BZA025-24)\nThe applicant requested variances for insufficient lot width (28.667 ft vs. 40 ft) and excessive step encroachment into side yard to build a four-unit small multifamily affordable dwelling. Nicole Nelson (applicant rep) and Travis Martin (architect) explained the design maximized living space and provided access for first responders. No opposition. The board approved the variances (5-0) subject to one proviso (stamped site plan), accepting the applicant’s argument on hardship.\n\n### Item 5: 3900 Howard Avenue (BZA026-24)\nThe applicant sought a waiver to allow six roof-mounted satellite dish antennas without screening, arguing screening would block signals. Rebecca Gieger (Gray Media) and others noted the dishes are tucked away in an industrial area; only one neighbor attended the NPP and had no issues. Staff recommended denial only on criteria five (essential character). The board granted the waiver for all six dishes (5-0), finding the character not altered, and added a proviso for stamped plans.\n\n### Item 6: 27 Newcomb Boulevard (BZA027-24) – Rendered moot.\n\n## Director of Safety and Permits Decision Appeals – Unfinished Business\n\n### Item 7: 2900 Perdido Street (BZA008-24)\nVoice of the Experienced appealed the issuance of a permit for a jail construction, arguing the conditional use was not amended. The city attorney recommended deferral due to pending federal litigation. The board deferred the item for 60 days (4-0, with recusal) to allow litigation to proceed.\n\n### Item 8: 7417 Burthe Street (BZA016-24) – Withdrawn.\n\n## Director of Safety and Permits Decision Appeals – New Business\n\n### Item 9: 911-913 Governor Nicholls Street (BZA028-24)\nDaniel Raines appealed the permit issuance, arguing the driveway width (10 ft) violated the minimum 12 ft requirement for multifamily developments. Staff clarified that the CZO sets a maximum, not a minimum, for driveways; the drive aisle width is separate. Opponents cited safety and historic preservation. The board upheld the director’s decision (5-0), finding no error.\n\n### Item 10: 7504-7506 Zimpel Street (BZA029-24)\nSusan Johnson appealed a permit regarding parking pad setbacks. Both parties agreed to a deferral after updated plans were submitted late. The board deferred the item for 30 days (5-0) to allow review.\n\n## Key Outcomes\n- Item 1 (1834 Second St.): Variances approved (5-0) with two provisos.\n- Item 2 (2320-22 S. Derbigny St.): Variance denied (5-0).\n- Item 3 (7417 Burthe St.): Partial grant/denial of parking variances (5-0); fourth bedroom prevented.\n- Item 4 (2517 Washington Ave.): Variances approved (5-0) with one proviso.\n- Item 5 (3900 Howard Ave.): Waiver granted for six satellite dishes (5-0) with stamped plans.\n- Item 7 (2900 Perdido St.): Deferred 60 days (4-0) due to litigation.\n- Item 9 (911-913 Governor Nicholls St.): Director’s decision upheld (5-0).\n- Item 10 (7504-7506 Zimpel St.): Deferred 30 days (5-0) for additional review.\n- Minutes from April 15, 2024 meeting adopted (4-0).
Meeting Transcript
Good morning. I would like to call the Monday, May 20th Board of Zoning Adjustments meeting to order. We will begin with roll call, Candace Forest. Present. Todd James. Tamara Agins. President. Jose Alvarez. Present. Ramiro Diaz. Present. Alfonso Gonzalez is absent and Jason Richards is absent. At this time would the board make a motion to adopt the minutes from the April 15th meeting. So moved. Second. It's been moved by Commissioner Diaz. Second by Commissioner Alvarez to um adopt the minutes from our last meeting. Four years, no nays. The motion carries. Please note that the board will recess at approximately 1 p.m. if the meeting has not already been adjourned and will reconvene at approximately 1 30 p.m. As a reminder to applicants, action that the board takes today will be released in the form of a disposition notice by May 30th and sent via email and mail to the applicant as well as posted on the one-stop app for other interested parties. Requests that the board votes to approve must show compliance with any noted provisos before the case is finalized and granted final approval. One item on today's agenda has been withdrawn. Item number eight EZA Docket 016-24 for the property at 7417 Berth Street. One item on today's agenda has been rendered moot. Item 6 DZA docket 027-24 for the property at 27 Newcome Boulevard. We will begin with the unfinished business for variances. Will the chair please read the hearing rules for variances? Rules and procedures for public hearings variance requests. The following procedures shall be observed during the hearing. Each speaker shall give their name and address prior to speaking on the proposal. The presentation shall be limited to a maximum of three minutes for each applicant or representative speaker. But in no event shall the cumulative presentation total by applicants or their representatives exceed 10 minutes. Proponents or persons in favor of the proposal will speak next and be allowed two minutes per speaker. Opponents or persons in opposition of the proposal will speak next and be allowed two minutes per speaker. The applicant or representative will be allowed a rebuttal. The rebuttal shall be limited to a cumulative maximum of three minutes. As the board deems necessary, the case may be acted upon at this meeting or deferred for additional information or review. If the case is deferred, it will be acted on at a subsequent meeting as provided by law. All proper parliamentary procedures shall be followed, including recognition of speakers, relevance of argument, and absolute prohibition of applause or demonstration. Standard of review. Yes, good morning, board Zach Smith, 1000 South Normancy Francis. Hope y'all are well today. Since we uh we were here last for this project, as you guys may recall, uh we kind of took over trying to help some get some clarity and some answers uh for this project. And uh one of the questions that popped up from several of the board members was to try and get a better visual representation of exactly what uh was added, and I think the question actually came across from potentially uh Commissioner Alvarez, which was if this was denied, what exactly would have to be removed? So we have updated uh with the revision clouds back there. Essentially, you would lose what's on the plan as unit number four, but is in fact the sixth unit uh what tripped this thing over and got them into this kind of chaos is this addition that they did um that the the current owners trying to finish that project. But essentially it's everything in that back section. Uh the second floor, especially based on how um kind of rough and tumble that addition was this would really have to be pulled back completely, as those little lean twos were were not very uh helpful.
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