New Orleans Board of Zoning Adjustments Meeting - June 18, 2024
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New Orleans Board of Zoning Adjustments Meeting – June 18, 2024
Note: The agenda lists the meeting date as Tuesday, June 18, 2024, but the presiding officer opened by referring to "Monday, June 17th." This summary uses the agenda date as provided.
The Board of Zoning Adjustments (BZA) convened on June 18, 2024, at 9:00 a.m. in Council Chambers. The meeting includes roll call, adoption of minutes, two new variance requests, and an appeal of a permit decision. All six commissioners were present.
Consent Calendar
- The board adopted the minutes from the previous meeting via a motion by Commissioner Richards, seconded by Commissioner James. The motion passed 6–0.
Public Comments & Testimony
- BZA030-24 (1434 Toledano Street): A neighbor spoke in opposition to the variance for a shed, stating that the applicant had expanded the shed without permission, driving bolts into the neighbor's shed. The neighbor expressed concerns about safety, maintenance, insurance, and loss of property value. The applicant's representative was not present at the hearing.
- BZA029-24 (7504-7506 Zimple Street): The appellant, Susan Johnson (address given), argued that the parking pad setback was non-compliant and that the support post blocked access. She claimed the building dimensions as built do not match plans and that a bedroom was misrepresented. A supporter, Deborah Howell, added that the access width to the parking pads (7'8" and 7'4") is too small. The architect and permittee, Graham Hill, defended the project, denying allegations of material misrepresentation and stating the project complies with code. Counsel for the Department of Safety and Permits (Zach Swept) argued the department's review was thorough and correct.
Discussion Items
- BZA030-24 – Variance for shed at 1434 Toledano Street: The variance request seeks to reduce the interior side yard setback for a shed from 3 feet to 1 foot 2 inches. Staff recommended denial, finding that the request fails to meet seven of the nine variance criteria. The applicant requested a 30-day referral to reconcile with the neighbor. The board deferred the item for 30 days.
- BZA031-24 – Variance for billboard at 2008 Poydras Street: The variance is for dimensional relief regarding an interstate highway billboard. Staff noted the applicant had not submitted a required revised site plan and recommended a 30-day referral. The board deferred the item for 30 days.
- BZA029-24 – Appeal of Director’s Decision at 7504-7506 Zimple Street: The appeal challenged the issuance of permit #23-33863, alleging errors in the determination of parking pad setbacks and other issues. The Department of Safety and Permits presented findings from inspections on June 7 and June 10, 2024, concluding that the parking pad is 17'8" wide and 19' deep (18' required), the support post does not block access, the parking pads are not under the overhang, and the disputed room is a living room (no door). Staff recommended denying the appeal. The board discussed whether the original scope of the appeal (setback) should limit consideration; staff confirmed the only proper issue is the setback. The board upheld the director's decision.
Key Outcomes
- BZA030-24: Deferred for 30 days (motion by Commissioner James, second by Commissioner Diaz; vote 6–0) to allow the applicant and neighbor to reach consensus.
- BZA031-24: Deferred for 30 days (motion by Commissioner James, second by Commissioner Diaz; vote 6–0) for submission of a revised site plan.
- BZA029-24: The board voted 6–0 to uphold the decision of the Director of Safety and Permits, finding no error in the permit issuance.
- The meeting adjourned after a motion by Commissioner James, seconded by Commissioner Eggins, passed 6–0.
Meeting Transcript
Oh, yeah. Good morning. I would like to call the Monday, June 17th for the voting adjustments meetings of order. Present. Present. Jason Richards. Present. Review IBM and I'll find out solids for asking. At this time would the board make a motion to adopt the minutes from the minutes community meeting. So moved. Second. Second by Commissioner Richards to adopt the minutes for not last meeting. I'll go follow vote at Jenny. Yes. Yes. Jason Richards? Yes. 48 nomads the motion error. Please note that the board will be set by about 1 p.m. and will be convenient at a property of 1.35. As reminded the applicant, action of the board meet today will be released in the form of the by June 27. As well as posted on the word stop app for other interesting parties. Yes. The following procedures shall be observed during the hearing. Each speaker shall give their name and address prior to speaking on the proposal. The applicant or representative will speak first. 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 ten minutes. Proponents are persons in favor of the proposal will speak next and be allowed two minutes per speaker. Opponents are persons in opposition of the proposal will speak next and be allowed two minutes per speaker. 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. The Board of Sounding Adjustments shall not authorize the variance from requirements of the comprehensive zombie ordinance unless it finds, based upon the evidence presented to it that each case has satisfied the nine criteria listed in Article 4, Section 4.6. Just a quick question on time, because I know we don't have the monitor, so how we keep a time for speakers. One of our staff can be high. The next item is using A03024 for property located at 1434 Taladato Street. This request is for variance from the provisions of Article 21. Section 21.687 from Article 21. Section 21.7 21-2 of the comprehensive zoning ordinance to permit that construction of the shed from the interior side lot line. Article 21. Section 216.8.7 requires a minimum three-foot pet bag within the interior side yard for a shed in His district people in this district. The applicant is providing one foot and two inches. Article 21, section 21.7, 21-2 also requires a minimum fee. The applicant is providing one foot to a waiver of one quote to please note that the applicant has requested a 30-day referral to reconcile with the neighbor. With that, the staff believe that the requested waivers of Article 21, Section 21.687, and Article 21, Section 21. 21-2 fails to meet standards 1, 2, 3, 4, 6, and 7. Per Article 4, Section 4.6 of the conference of the zoning order.
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