OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

New Orleans Board of Zoning Adjustments Meeting – July 15, 2024

City Planning CommissionMonday, July 15, 2024
BodyNew Orleans, Louisiana
SessionCity Planning Commission
DateMonday, July 15, 2024
StatusFILED
Video Record

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Transcript — Verbatim
4:25

Good morning.

4:26

I would like to call the Monday, July 15th Board of Zoning Adjustments meeting to order.

4:31

We will begin with roll call.

4:32

Candace Forrest.

4:34

Present.

4:34

Todd James.

4:35

Present.

4:37

Jose Alvarez.

4:39

Present.

4:41

Present.

4:41

And Alfonso Gonzalez is absent.

4:43

Jason Richard is absent.

4:45

At this time would the board make a motion to adopt the minutes from the June seventeenth meeting.

4:49

So moved.

4:51

Second.

4:55

It's been moved by Commissioner James, second by Commissioner Alvarez to adapt the minutes from our last meeting.

5:00

Second by Commissioner Alvarez to adopt the minutes for my last meeting.

5:03

I don't know if our screens are working.

5:06

Can we just do a roll?

5:09

Roll vote.

5:14

Ty James.

5:16

Yes.

5:16

Tamara Eggins?

5:18

Yes.

5:18

Ramiro Diaz.

5:19

Yes.

5:20

Jose Alvarez.

5:21

Yes.

5:21

Candace Forrest.

5:22

Yes.

5:23

Five years, no nays.

5:25

The motion carries.

5:26

Please note that the board will recess at approximately 1 p.m.

5:29

if the meeting has not already been adjourned and will reconvene at approximately 1.30 p.m.

5:34

As a reminder to applicants, action that the board takes today will be released in the form of a disposition notice by June 27th and sent via email and mail to the applicant as well as posted on the one-stop app for other interested parties.

5:47

Request that the board votes to approve must show compliance with any noted provisos before the case is finalized and granted final approval.

5:54

We will now begin with new business for variances or we'll now begin with unfinished business for variances.

6:03

Will the chair please read the hearing rules for variances.

6:20

Each speaker shall give their name and address prior to speaking on the proposal.

6:25

The applicant or representative will speak first.

6:28

The presentation shall be limited to a maximum of three minutes for each applicant or representative speaker.

6:35

But in no event shall the cumulative presentation total by applicants or their representatives exceed 10 minutes.

6:42

Proponents or persons in favor of the proposal will speak next and be allowed two minutes per speaker.

6:48

Opponents or persons in opposition of the proposal will speak next and be allowed two minutes per speaker.

6:54

The applicant or representative will be allowed a rebuttal.

6:57

The rebuttal shall be limited to a cumulative maximum of three minutes.

7:02

For an exceptional case, the time limitations may be extended by the presiding officer with the approval of the board.

7:08

As the board deems necessary, the case may be acted upon at this meeting or deferred for additional information or review.

7:17

If the case is deferred, it will be acted on at a subsequent meeting as provided by law.

7:22

All proper parliamentary procedures shall be followed, including recognition of speakers, relevance of argument, and absolute prohibition of applause or demonstration.

7:33

Standard of review.

9:07

In April, the applicant removed two approximately 16-inch strips of concrete on either side of the driveway.

9:15

This brought the site into even further compliance.

9:18

However, it still results in approximately 55% impervious surface in the front yard, whereas no more than 40% is permitted.

9:27

The applicant has not submitted revised plans to indicate the current amount of impervious surface in the front yard.

9:34

The staff estimates that 55% of the front yard is impervious.

9:45

The pictures that the applicant provided show a concrete driveway and a walkway with the rest of the area as impervious areas.

9:53

The modified request would appear to include that waiver.

10:00

However, in the absence of receiving an updated site plan from the applicant, this has not been confirmed by the Department of Safety and Permits.

10:05

The staff's recommendation of denial has not changed.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████57%
Procedural████████████████████████30%
Public Engagement██████8%
Pending Litigation████5%
Summary of Proceedings

New Orleans Board of Zoning Adjustments Meeting – July 15, 2024

The Board of Zoning Adjustments (BZA) of the City of New Orleans met on Monday, July 15, 2024, at 10:00 A.M. in Council Chambers. The meeting was called to order by Chair Candace Forrest, with six commissioners present (Todd James, Tamara Eggins, Alfonso Gonzalez, Ramiro Diaz, Jose Alvarez, Candace Forrest) and two absent (Jason Richard, Alfonso Gonzalez – note: later Gonzalez was present for roll call). The board adopted the minutes from the June 17, 2024 meeting by a 6-0 vote. The board then proceeded to hear a combination of unfinished and new business for variances, one appeal of a safety and permits decision, and the election of officers.

Consent Calendar

  • Adoption of Minutes: The board unanimously approved the minutes from the June 17, 2024 meeting.

Public Comments & Testimony

  • Item 4 (BZA030-24) – 1434 Toledano Street: One opponent, Ferrell Weil (neighbor at 1436 Toledano), spoke against the variance, citing damage to their property from the applicant’s construction and a lack of reconciliation. The applicant had requested a 30-day deferral, which was granted.
  • Item 6 (BZA032-24) – 1 Golf Villa Drive: The applicant’s representative (Fresia Galvez, Zach Smith Consulting) argued that the lot’s extreme width (widest on the street) and HOA restrictions created special conditions, and that the variance was needed to allow a family member to move in and care for the mother. Contractor Scott Morse added historical context about the lot’s shape. No opposition was heard.
  • Item 2 (BZA001-24) – 5505 Music Street: The applicant (Kaisha Lyman, property owner) provided an arborist report (submitted late) and requested a deferral to obtain additional information about tree impact. Staff recommended deferral to allow the arborist to address specific questions.

Discussion Items

  • Unfinished Business – Variances:
    • Item 1 (BZA109-23) – 2319 George Nick Connor Drive: Deferred 30 days because the applicant was absent and staff needed to verify impervious surface calculations using a 30-foot lot width (GIS data). The board voted 6-0 to defer.
    • Item 2 (BZA001-24) – 5505 Music Street: Deferred to the end of unfinished business to wait for the applicant; later heard and deferred 30 days for additional arborist information.
    • Item 3 (BZA007-24) – 5022 Bienville Avenue: Withdrawn.
    • Item 4 (BZA030-24) – 1434 Toledano Street: Deferred 30 days at the applicant’s request (to reconcile with neighbor). Vote 6-0.
    • Item 5 (BZA031-24) – 2008 Poydras Street: Deferred 30 days at staff’s request due to insufficient information. Vote 6-0.
  • New Business – Variances:
    • Item 6 (BZA032-24) – 1 Golf Villa Drive: Approved (6-0) with one proviso (revised site plan), finding all nine criteria met. The variance permits a side yard setback of 12 feet instead of the required 19 feet for an addition to a single-family home on an irregular, wide lot.
    • Item 7 (BZA033-24) – 6800 Colbert Street: Deferred 30 days at staff’s request because revised plans were submitted after the deadline. Vote 6-0.
    • Item 8 (BZA034-24) – 4916 S. Robertson Street: Deferred 30 days at the applicant’s request to allow further review of the staff report. Vote 6-0.
    • Item 9 (BZA035-24) – 2406-2408 S. Johnson Street: Approved (6-0) with one proviso, waiving two off-street parking spaces for a new two-family dwelling. Staff found all nine criteria met, citing the lot’s shallow depth (62 feet vs. 90 feet required) and historical building footprint.
    • Item 10 (BZA036-24) – 3704 Coliseum Street: Approved (6-0) with one proviso, allowing retention of a second principal structure (carriage house) with a deficient rear yard setback (13 ft 4 in waiver). Staff found special conditions not caused by the applicant.
    • Item 11 (BZA037-24) – 6314-6316 Peoples Avenue: Deferred 30 days at staff’s request (applicant not present, staff noted a discrepancy in the report). Vote 6-0.
    • Item 12 (BZA038-24) – 2001-2003 St. Ann Street: Deferred 30 days at staff’s request (applicant and planner absent). Vote 6-0.
  • Unfinished Business – Safety and Permits Decision Appeal:
    • Item 13 (BZA008-24) – 2900 Perdido Street: Deferred 90 days due to pending litigation. The appeal concerns a permit issued under court order for a jail facility. Commissioner Tamara Eggins recused herself. The board voted 5-0 (Eggins recused) to defer.
  • Election of Officers: The board re-elected Candace Forrest as Chair and Todd James as Vice Chair for the term July 2024 – July 2025. The vote was 6-0.

Key Outcomes

  • Votes:
    • Deferrals: Items 1, 2, 4, 5, 7, 8, 11, 12, 13 – all deferred (30 or 90 days) by unanimous votes.
    • Approvals: Items 6, 9, 10 – all approved (6-0) with one proviso each.
    • Withdrawn: Item 3.
  • Officers: Candace Forrest (Chair) and Todd James (Vice Chair) re-elected 6-0.
  • Next Steps: Applicants for deferred items must comply with staff requests (e.g., revised site plans, arborist reports) before the cases can be revisited. The board will reconvene in August 2024 for the next regular meeting.

Meeting Transcript

Good morning. I would like to call the Monday, July 15th Board of Zoning Adjustments meeting to order. We will begin with roll call. Candace Forrest. Present. Todd James. Present. Jose Alvarez. Present. Present. And Alfonso Gonzalez is absent. Jason Richard is absent. At this time would the board make a motion to adopt the minutes from the June seventeenth meeting. So moved. Second. It's been moved by Commissioner James, second by Commissioner Alvarez to adapt the minutes from our last meeting. Second by Commissioner Alvarez to adopt the minutes for my last meeting. I don't know if our screens are working. Can we just do a roll? Roll vote. Ty James. Yes. Tamara Eggins? Yes. Ramiro Diaz. Yes. Jose Alvarez. Yes. Candace Forrest. Yes. Five 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 June 27th and sent via email and mail to the applicant as well as posted on the one-stop app for other interested parties. Request that the board votes to approve must show compliance with any noted provisos before the case is finalized and granted final approval. We will now begin with new business for variances or we'll now begin with unfinished business for variances. Will the chair please read the hearing rules for variances. 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 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. For an exceptional case, the time limitations may be extended by the presiding officer with the approval of the board. 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.

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