New Orleans Board of Zoning Adjustments Meeting – September 27, 2024
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New Orleans Board of Zoning Adjustments Meeting – September 27, 2024
This meeting of the New Orleans Board of Zoning Adjustments (BZA) on September 27, 2024, considered 21 docket items, including unfinished variances, new variance requests, and two appeals of the Director of Safety and Permits. The board took action on numerous items, with decisions ranging from approvals and denials to deferrals. The meeting was adjourned early after two board members had to leave at 1:00 PM.
Consent Calendar
- Adoption of Minutes (August 19, 2024): Motion by Commissioner James, second by Commissioner Diaz, unanimously approved.
Public Comments & Testimony
- BZA001-24 (5505 Music Street): No public comments were offered beyond the applicant’s representative. The board deferred the item due to lack of compliance documentation.
- BZA031-24 (2008 Poydras Street): No public testimony.
- BZA034-24 (4916 Robertson Street): The applicant’s representative (Ron Lazo) argued the lot configuration existed when purchased and residents wish to formalize it. No opposition.
- BZA037-24 (6314-6316 Peoples Avenue): Applicant Joshua Gaines requested a 6-inch setback waiver for a parking pad. No opposition.
- BZA050-24 (4164 Davey Street): The applicant’s representative and a neighbor (Jennifer Gardner) supported the request, noting the lot is the last undeveloped parcel in a unique block facing Bayou St. John. No opposition.
- BZA051-24 (514 Hillary Street): The applicant’s representative (Ron Lazo) argued the overlay’s intent was to prevent dormitory conversions, not a single-family home renovation. The owner spoke in support. No opposition.
- BZA053-24 (3404 Short Street): The applicant’s representative defended the mixed-use density and noted one affordable unit. The board questioned the density and parking impacts. No public opposition.
- BZA056-24 (4523 Read Boulevard): No public testimony.
- BZA057-24 (7534 Jeannette Street) – Appeal: Appellant Susan Johnson requested a deferral, citing pending public records requests and that the property owner was in Florida due to weather. Neighbor Sally Davis spoke in support of the appellant. No opposition.
- BZA058-24 (2831 Calhoun Street) – Appeal: Appellant Susan Johnson argued that a bedroom and bathroom were added illegally without required parking, and that Safety and Permits failed to flag red flags. Neighbor Sally Davis echoed the concerns. No opposition from the permittee.
Discussion Items
- BZA001-24 (5505 Music Street) – Deferred at six previous meetings. Staff recommended denial of most variances but approval for off-street parking waiver. The board deferred 30 days, requiring the applicant to confirm removal of the front parking pad.
- BZA030-24 (1434 Toledano Street) – Withdrawn.
- BZA031-24 (2008 Poydras Street) – Billboard variance deferred from August. Staff requested 30-day deferral due to conflicting site and signage plans. Board deferred 30 days.
- BZA034-24 (4916 Robertson Street) – Lot subdivision waivers for area and depth. Staff recommended denial; the applicant argued the lot configuration existed before purchase. The board rejected a motion to approve (no second) and then voted to adopt staff’s recommendation to deny. Motion carried.
- BZA037-24 (6314-6316 Peoples Avenue) – Parking waiver and driveway setback request. Staff recommended approval for parking waiver but denial for setback. The board moved to approve all waivers, finding that the nine criteria were met, and added one proviso. Unanimously approved (5-0).
- BZA038-24 (2001-2003 St. Ann Street) – Renovation of a two-family dwelling. Staff requested a 60-day deferral due to unclear plans and ongoing review with Safety and Permits. Board deferred 60 days.
- BZA040-24 (3008 Canal Street) – After-the-fact short-term rental parking and setback. Staff recommended denial. Applicant’s representative requested 30-day deferral; board deferred 30 days.
- BZA041-24 (3016 Canal Street) – Same conditions as BZA040-24; board similarly deferred 30 days (4-0 vote).
- BZA046-24 (1619-1621 Prytania Street) – Rear yard setback waiver for historic double. Staff recommended approval. Board approved with one proviso (5-0).
- BZA047-24 (4300 Washington Avenue) – Animal hospital addition with parking and landscaping variances. Staff recommended 30-day deferral to complete coordination with Safety and Permits. Board deferred 30 days.
- BZA048-24 (2820-2822 Constance Street) – Lot subdivision waivers for area and permeable open space. Staff recommended denial. The board deferred 60 days, suggesting the applicant adjust the property line to potentially address the permeable open space waiver.
- BZA049-24 (3311 Republic Street) – After-the-fact front yard setback deficiency due to construction error. Staff recommended approval. Board approved with one proviso (5-0).
- BZA050-24 (4164 Davey Street) – Corner side yard and front yard carport waivers for a single-family house. Staff recommended denial. The board approved all waivers, citing unique lot conditions and the last undeveloped parcel in a planned development, with one proviso (5-0).
- BZA051-24 (514 Hillary Street) – Bathroom count waiver in University Area Off-Street Parking Overlay District. Staff recommended denial. The board approved, finding the criteria met, noting the renovation reduces bedrooms and the owner will reside there, with one proviso (5-0).
- BZA052-24 (1383 Magazine Street) – Lot subdivision waivers. Staff recommended approval. Board approved with one proviso (5-0).
- BZA053-24 (3404 Short Street) – Mixed-use development waivers for density and parking. Staff recommended denial; extensive discussion on density and parking. The board deferred 60 days to allow the applicant to consider reducing units or pursuing the AHPD process.
- BZA054-24 (1521 St. Charles Avenue) – Rendered moot.
- BZA055-24 (6936 Vicksburg Street) – Front yard shed construction. Staff requested 30-day deferral. Board deferred 30 days.
- BZA056-24 (4523 Read Boulevard) – Corner side yard setback for retail. Staff requested 30-day deferral pending neighborhood participation meeting. Board deferred 30 days.
- BZA057-24 (7534 Jeannette Street) – Appeal – Appellant requested deferral to obtain public records and allow property owner to attend. Board granted 30-day deferral (4-1).
- BZA058-24 (2831 Calhoun Street) – Appeal – Appellant alleged improper permit issuance for bedroom/bathroom additions without required parking. The board deferred 30 days due to loss of quorum (5-0).
Key Outcomes
- Approved (with conditions): BZA037-24, BZA046-24, BZA049-24, BZA050-24, BZA051-24, BZA052-24.
- Denied: BZA034-24.
- Deferred:
- 30 days: BZA001-24, BZA031-24, BZA040-24, BZA041-24, BZA047-24, BZA055-24, BZA056-24, BZA057-24, BZA058-24.
- 60 days: BZA038-24, BZA048-24, BZA053-24.
- Withdrawn/Moot: BZA030-24, BZA054-24.
The meeting was adjourned at approximately 1:20 PM.
Meeting Transcript
Good morning. I would like to call the Monday, September twenty-seventh Board of Zoning Adjustments meeting to order. We will begin with roll call. Candace Forrest. Present. Todd James is present. Tamara Agins. Present. Jose Alvarez is absent. Ramiro Diaz. Present. Alfonso Gonzalez is absent. Jason Richards. Present. At this time, would the board make a motion to adopt the minutes from the August nineteenth meeting? So moved. Second. Thank you. It's been moved by Commissioner James. Second by Commissioner Diaz to adopt the minutes from our last meeting. If the meeting has not already been adjourned, and we'll reconvene at approximately one thirty PM. As a reminder to applicants, action that the board takes today will be released in the form of a disposition notice by October seventh and sent via email and mail to the applicant as well as posted on the one-stop app for other interested parties. 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 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 ex additional information. 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. Standard of review. Item one, docket number BZA 001-24. BZA 001-24 is a request for variances from the provisions of Article 22, Section 22.8, point A, point one, point B, point two, Article 22, Section 22.11, point D.1, and Article 22, Section 22.11, point D.2 of the comprehensive zoning ordinance permit the retention of a parking pad located between the front facade and the front lot line for a property located at 5505 Music Street. The board deferred this request at the January 29th, February 19th, March 18th, April 15th, July 15th, and August 19th meetings with the request that the applicant work with an arborist or landscape architect to determine whether the placement of a parking space in the rear yard is viable without harming the trees along the rear lot line. Prior to the July 15th meeting, but after the deadline, the applicant emailed staff or the applicant emailed staff an arborist report. Staff clarified at the meeting that the Arborist report did not specifically address how a parking space in the rear yard might impact the trees. The report noted the following. Cutting roots from either tree will weaken the stability of the trees. Also, it will cause the trees to die back and eventually die. Staff believes that the requested variances failed to meet criteria two, three, four, five, and seven of the standards of variances, in that the literal interpretation of the ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the district. The special circumstances were caused by the applicant. The variance will confer on the applicant special privileges. The variance will alter the essential character of the locality, and the change is exclusively for the convenience and profit of the owner.
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