New Orleans Board of Zoning Adjustments Meeting – October 22, 2024

The New Orleans Board of Zoning Adjustments (BZA) convened on Monday, October 21, 2024 (per agenda and transcript) but the summary uses the date provided in instructions: October 22, 2024. The meeting covered 15 variance requests, four director’s decision appeals, and adoption of the 2025 meeting schedule. The Board took votes on several items, with outcomes including approvals, denials, deferrals, and upheld decisions.

Consent Calendar

• None: All items were individually considered.

Public Comments & Testimony

• BZA031-24 (2008 Poydras): Applicant’s representative presented an aerial map and argued that eight surrounding billboards are not in compliance with city sign ordinances, requesting a 140‑foot distance variance. The applicant also noted they have consent from the city for an encroachment over Poydras Street.
• BZA040-24 & BZA041-24 (3008 & 3016 Canal Street): Applicant’s representative (Zach Smith) cited the expansion of Warren Easton School as a special condition that altered the essential character of the block, justifying retention of front‑yard parking. Commissioners expressed concerns about public right‑of‑way encroachment.
• BZA042-24 (1304 St. Charles Avenue): Architect Peter Spera presented updated plans following Design Advisory Committee (DAC) approval with six provisos. He noted the building’s height and parking waiver were necessary for an elevational overrun and accessible rooftop amenities.
• BZA047-24 (4300 Washington Avenue): Sydney Copy Pulitzer, chairman of the Low‑Cost Animal Medical Center, described the clinic’s nonprofit mission, serving 80+ patients daily, and stressed the need to retain 31 parking spaces for safe animal handling. Commissioners suggested eliminating a hard‑to‑turn‑into parking stall and adding landscape buffers.
• BZA055-24 (6936 Vicksburg Street): Homeowner Brian Gannon argued that a live‑oak preservation easement created a small backyard, making front‑yard shed placement necessary. He stated the shed would be largely obscured by tree limbs. Opponents and some commissioners noted alternative rear‑yard locations.
• BZA056-24 (4523 Read Boulevard): Representing O’Reilly Auto Parts, the architect (Stephen Bent) and applicant’s representative argued that orienting the building away from Read Boulevard matched the development pattern and improved safety. Commissioners discussed rotating the building to face Chef Menteur Highway and recommended a 60‑day deferral for full CPC/DAC review.
• BZA060-24 (628 Jefferson Avenue): Applicants Jennifer Calzot and Yvonne Cazalot testified that an adjacent “structure” was merely a tin roof on fence posts, not a real building, and that the proposed cabana could not be built compliantly without the requested zero‑foot setback.
• BZA061-24 (1922 Canal Street): Cox Communications representatives (Martin Landrew and Keith Baker) explained that the new generators were critical infrastructure for downtown medical facilities and the Superdome, and that the 14‑foot‑high cinder‑block enclosure would match the existing building.
• BZA059-24 (315 Elmira Avenue): Neighbor Barbara Longworth spoke in opposition, citing parking congestion and high curbs that prevent car doors from opening. She asked the Board to deny the subdivision variance.
• BZA062-24 (2501-2537 Tulane Avenue): Appellants (Mary Howell and Sherry Hillis) argued that a variance for corner‑side‑yard parking was never properly voted on at the November 2023 hearing, rendering the permit invalid. Opposing counsel (Chip Lions) stated the appeal was not properly before the Board and noted a pending lawsuit.
• BZA057-24 (7534 Jeannette Street): Appellants (Susan Johnson, Sally Davis) claimed that two basement rooms were never historically bedrooms and that a second kitchen was being added, exceeding unit limits. Safety and Permits stated the permit was reviewed correctly and that final inspection would verify compliance.
• BZA058-24 (2831 Calhoun Street): Appellants argued that a family room had been illegally converted into a fourth bedroom, requiring additional parking. The developer’s contractor (Glenn Landrum) and architect (Claire Pickering) said they were brought in after a stop‑work order and that the existing condition had four bedrooms. The Board noted the difficulty in verifying historical use versus the CZO’s bedroom definition.

Discussion Items

• Variance Requests: The Board deliberated extensively on each item, weighing staff recommendations, applicant arguments, and public testimony. Key themes included the importance of preserving parking in dense areas, the role of DAC review, interpretation of “special conditions” and “hardship,” and the precedential effect of granting front‑yard accessory structures.
• Appeals: In two appeals, the Board examined whether Safety and Permits erred in interpreting the university area overlay district’s bedroom definitions and parking requirements. The Board’s discussion focused on the reliability of submitted plans versus evidence of prior use (e.g., MLS listings).
• 2025 Schedule: The Board briefly discussed and adopted the proposed meeting schedule for the upcoming year.

Key Outcomes

• BZA031-24 (2008 Poydras): Deferred 30 days to obtain written documentation on the encroachment and DOTD review. (7-0)
• BZA040-24 (3008 Canal): Denied; nine criteria not met. (7-0)
• BZA041-24 (3016 Canal): Denied; nine criteria not met. (7-0)
• BZA042-24 (1304 St. Charles): Approved with two provisos; nine criteria met. (7-0)
• BZA043-24 (3001-3003 Danneel): Deferred 30 days for applicant to submit complete revised plans. (7-0)
• BZA047-24 (4300 Washington): Deferred 30 days to allow applicant to modify plans per board suggestions. (7-0)
• BZA055-24 (6936 Vicksburg): Denied; nine criteria not met. (7-0)
• BZA056-24 (4523 Read): Deferred 60 days to permit CPC/DAC review. (7-0)
• BZA059-24 (315 Elmira): Deferred 60 days as recommended by staff (applicant needs building permit/zoning change). (7-0)
• BZA060-24 (628 Jefferson): Approved with one proviso; nine criteria met. (7-0)
• BZA061-24 (1922 Canal): Approved with two provisos; nine criteria met. (7-0)
• BZA062-24 (2501-2537 Tulane): Deferred 30 days for Safety and Permits to prepare summary report. (7-0)
• BZA063-24 (7000-7002 Jeannette): Deferred 30 days for Safety and Permits report. (7-0)
• BZA064-24 (911-913 Governor Nicholls): Deferred 30 days for Safety and Permits report. (7-0)
• BZA008-24 (2900 Perdido): Deferred 60 days due to pending litigation. (7-0)
• BZA057-24 (7534 Jeannette): Appeal denied; decision of the Director of Safety and Permits upheld. (7-0)
• BZA058-24 (2831 Calhoun): Appeal denied; decision of the Director of Safety and Permits upheld. (5-0, with two commissioners absent for the vote)
• 2025 Board of Zoning Adjustments Meeting Schedule: Adopted as presented. (5-0)