New Orleans Board of Zoning Adjustments Meeting - November 18, 2024

The Board of Zoning Adjustments (BZA) of the City of New Orleans met on Monday, November 18, 2024, at 10:00 AM in Council Chambers. The meeting was called to order at 10:00 AM and adjourned at approximately 2:00 PM, with a brief recess from 1:00 PM to 1:30 PM. The board considered 14 dockets, including six variance requests (unfinished and new business) and four appeals of decisions by the Director of Safety and Permits (both unfinished and new business). The board voted on all items, with multiple approvals, denials, and deferrals. All votes were 4-0 (Commissioners present: Candice Richards Forest, Jose Alvarez, Alfonso Gonzalez, and Jason Richards). Commissioners Todd James, Tamara Agins, and Jamie Ramiro Diaz were absent.

Discussion Items

BZA031-24 – 2008 Poydras Street (Billboard Variance)

• Proposal: Applicant Alex Lewis (2008 Poydras, LLC) requested variances from Article 24 (billboard location and spacing standards) to construct a 14-by-48-foot billboard at 2008 Poydras Street, which would encroach 4–5 feet onto city property. The lot is 600 square feet and the billboard would be 672 square feet.
• Staff Recommendation: Denial, finding the request failed criteria 8 and 9 (altering character of locality, detrimental to public welfare, endangering public safety).
• Public Comments:
  • Applicant (Alex Lewis and representative): Argued the billboard would improve the locality, no objections from nearby property owners, and that the city real estate department will only execute an encroachment servitude after variance approval. They noted other billboards in the area that are non-compliant.
  • Opponent (Jill Gettetrow, neighbor): Opposed, stating two prior variance requests for the same location were denied in 2014 and 2019 (BZA39-14 and BZA60-19), with the latter upheld on appeal. She argued the current staff report contradicts prior findings and that granting the variance would set a precedent for other billboard requests.
• Board Discussion: Commissioners clarified that the applicant had not obtained a servitude, only an email indicating the city would act after variance approval. Staff confirmed the current billboard is a different sign (encroaching over Poydras Street, not the highway) and that the size is within allowed square footage.
• Outcome: Motion to approve (Commissioner Alvarez, seconded by Commissioner Richards) finding all nine criteria met, subject to two provisos (including securing an encroachment agreement). Approved 4-0.

BZA038-24 – 2001-2003 St. Ann Street (Lot Area and Interior Side Yard)

• Proposal: Applicant Anitra Preston (Vertical Capital, LLC) requested variances for insufficient permeable open space and interior side yard setback to renovate an existing dwelling (not demolition).
• Staff Recommendation: Approval, noting 58% of nearby lots are non-compliant for permeable open space and 98% are compliant for side yards; the proposal is consistent with area character.
• Public Comments: Applicant thanked staff for assistance; no opposition.
• Outcome: Motion to approve (Commissioner Gonzalez, seconded by Commissioner Richards) accepting staff recommendation and three provisos. Approved 4-0.

BZA043-24 – 3001-3003 Danneel Street (Withdrawn)

• This item was withdrawn by the applicant.

BZA047-24 – 4300 Washington Avenue (Parking Lot Landscaping)

• Proposal: Applicant Sydney Bulitzer (FOR PAWS LLC) requested variances for parking lot landscaping (perimeter width, trees, interior islands, etc.) to retain an expanded animal hospital (Low Cost Animal Medical Center). Board had previously deferred to allow revised plans.
• Staff Recommendation: Denial for interior island area (criteria 2,4,6 not met) but approval for other four items (nine criteria met). Staff noted the applicant addressed prior board suggestions.
• Public Comments: Applicant explained they reduced parking spaces to add landscape islands, improving safety for clients with animals. They agreed to two revised islands with trees.
• Outcome: Motion to approve all requested waivers (Commissioner Richards, seconded by Commissioner Gonzalez) finding all nine criteria met, adopting applicant’s hardship arguments (parking necessity and safety), subject to two provisos. Approved 4-0.

BZA048-24 – 2820-2822 Constance Street (Lot Area and Permeable Open Space)

• Proposal: Applicant Kathryn LeSaicherre (represented by Jane Booth) requested variances for minimum lot area and permeable open space to create a new lot.
• Staff Recommendation: Denial (failure on five criteria).
• Public Comments: Applicant requested a 30-day deferral to be present; the board agreed. Commissioner noted a survey update had been requested at the prior meeting and was submitted.
• Outcome: Deferred 30 days (motion by Commissioner Gonzalez, seconded by Commissioner Alvarez). Approved 4-0.

BZA053-24 – 3404 Short Street (Lot Area per Unit and Parking)

• Proposal: Applicant Zach Smith Consulting (on behalf of 2500 Pecan LLC) requested variances for insufficient lot area per dwelling unit (reduced request from 1,800 sq ft to 280 sq ft after reducing units from 6 to 5) and off-street parking (5 spaces waived) to construct a mixed-use development on a formerly blighted lot.
• Staff Recommendation: Denial (three criteria not met), but with suggested provisos if board finds criteria met.
• Public Comments:
  • Applicant: Argued the project reduces blight, compatibility with HU-MU district, and that many nearby properties lack compliant parking. They noted the church on the site had grandfathered parking deficiencies (more than the 5 spaces waived) and that tearing down the church lost the grandfathering. They addressed prior board concerns by reducing density and committing to an affordable unit and no short-term rentals.
  • No opposition.
• Board Discussion: Questions focused on the parking hardship—applicant explained that adding parking on the ground floor would undermine the walkability design. Density reduction addressed board’s previous concerns.
• Outcome: Motion to approve (Commissioner Gonzalez, seconded by Commissioner Richards) finding all nine criteria met, subject to two provisos. Approved 4-0.

BZA065-24 – 4709 Marigny Street (Front Yard Setback)

• Proposal: Applicant John Cerruti requested a variance to reduce the front yard setback from 20 ft to 18.7 ft to add a 6-foot porch (from an existing 4.5-foot porch) to a single-family home.
• Staff Recommendation: Denial (five criteria not met; no special conditions, no hardship, primarily convenience).
• Public Comments: Applicant argued the wider porch improves usability, and that nearby homes have smaller setbacks.
• Board Discussion: Commissioners noted that the S-RS zoning district requires a flat 20 ft setback; averaging is not allowed. The adjacent corner property has a 5 ft porch, so the request for 6 ft exceeds it. No hardship demonstrated; a compliant 4-ft porch is possible.
• Outcome: Motion to deny (Commissioner Richards, seconded by Commissioner Alvarez) finding criteria not met. Approved 4-0.

BZA066-24 – 1457 Tita Street (Rear Yard Setback and Front Yard Parking)

• Proposal: Applicant Paula Jackson (via Partners in Construction) requested variances for insufficient rear yard setback and front yard parking pad to rebuild a single-family home under the Restore LA program with a pre-selected floor plan.
• Staff Recommendation: Denial (four criteria not met; no hardship, special privilege).
• Public Comments: Applicant not present but requested the board proceed (via staff). No other testimony.
• Board Discussion: Commissioners noted the applicant could use a different floor plan and that the pre-selected plan is not compliant; the process requires exploring alternatives.
• Outcome: Motion to deny (Commissioner Richards, seconded by Commissioner Gonzalez). Approved 4-0.

BZA067-24 – 2120 Marigny Street (Lot Width)

• Proposal: Applicant LaTanja Sylvester (via Zach Smith Consulting) requested a variance for insufficient lot width to create a new lot.
• Staff Recommendation: 30-day deferral to allow applicant to submit site plans and elevations; staff to consult on additional waivers.
• Outcome: Deferred 30 days (motion by Commissioner Gonzalez, seconded by Commissioner Alvarez). Approved 4-0.

BZA068-24 – 5824 Saint Charles Avenue (Driveway Width)

• Proposal: Applicants Ryan and Amanda Berger requested a variance to allow a 24-foot-wide driveway (12 ft overt width) for a single-family home on a corner lot.
• Staff Recommendation: Denial (criteria 1,6,7 not met; no hardship).
• Public Comments:
  • Applicants and architect: Argued that the alternative (putting driveway on St. Charles Avenue) would remove on-street parking, increase impervious surface, and detract from historic character. The requested side-street (Eleanor Street) driveway does not remove parking (no parking allowed on that side). They contended that a narrower driveway cannot accommodate the required parking without excessive impervious area.
  • No opposition.
• Board Discussion: Questions explored alternatives (e.g., 12-ft drive with wider parking pad). Applicant argued that design still causes more impervious cover and encroaches on rear yard, which is not permitted for parking. Commissioners noted that the curb cut width (12 ft) would still need DPW approval, but that is separate. The board found the hardship justified (historic property, no on-street parking loss, least disruptive option).
• Outcome: Motion to approve (Commissioner Gonzalez, seconded by Commissioner Alvarez) finding all nine criteria met, subject to two provisos (including obtaining DPW approval). Approved 4-0.

BZA062-24 – 2501-2537 Tulane Avenue (Appeal of Permit) – Unfinished Business

• Proposal: Appellants Miles Trapolin and Maureen Greer appealed the issuance of permit 24-01393-NEWC for a commercial development (Trader Joe’s) on grounds that the BZA did not vote on a corner side yard parking variance and that a buffer yard variance was required but not obtained.
• Staff/Respondent Position: The Director of Safety and Permits argued the appeal is without merit: the permit was issued pursuant to BZA’s prior decision (November 2023), and the corner side yard issue was included in that decision (the disposition listed it). The buffer yard issue is moot because the subdivision regulations referenced are not identifiable, and the BZA previously found no variance needed.
• Appellants’ Argument (Mary Howe): The city charter mandates BZA hear appeals of director decisions; the council cannot restrict that by ordinance. On merits, the November 2023 vote did not include a specific vote on the corner side yard—only six variances were listed, not seven. The buffer yard variance was never requested; the development is building within 5 feet of residential homes across the street, harming neighbors.
• Public Comments: Support from Louisiana Landmark Society (Sandra Stokes via Susan Johnson) and others emphasized the charter duty and that the permit was issued in error. Opposition (Chip Lyons) argued the appeal is duplicative of a pending lawsuit in Civil District Court (set for December 6, 2024) and should be deferred.
• Board Discussion: Commissioners noted that a concurrent civil suit is pending (case number not specified). Standard practice is to defer when litigation is active. The board also discussed whether it has the power to issue a stay; legal counsel clarified it does not directly issue stays but the appeal itself may stay proceedings.
• Outcome: Deferred 30 days (motion by Commissioner Gonzalez, seconded by Commissioner Alvarez) to await resolution of the civil court case. Approved 4-0. (Item to be revisited at December meeting, after the December 6 court date.)

BZA063-24 – 7000-7002 Jeannette Street (Appeal of Permit) – Unfinished Business

• Proposal: Appellant Susan Johnson appealed permit 24-05991-RNVN (renovation) on grounds that the director failed to account for a second main dwelling unit and that the affordable unit process was flawed.
• Staff/Respondent Position: Director Dan McMahon stated the appeal is vague and ambiguous; staff determined the carriage house is a second main structure and three units historically existed without need for zoning change. Affordable unit attestation and deed restriction were provided. Staff asked for a 30-day deferral to allow the appellant to supplement the application.
• Public Comments: Appellant agreed to a deferral, noting difficulty obtaining public records. Architect Christopher Johnson (for the owner) supported the director’s decision and opposed deferral, arguing the appeal has no merit and should be denied outright.
• Board Discussion: Commissioners noted the vagueness and preferred to grant deferral as requested.
• Outcome: Deferred 30 days (motion by Commissioner Alvarez, seconded by Commissioner Gonzalez) to allow appellant to supplement. Approved 4-0.

BZA064-24 – 911-913 Governor Nicholls Street (Appeal of Permit) – Unfinished Business

• Proposal: Appellant (Daniel & Heidi Raines) appealed permit 21-1888 (referenced as multiple permits) alleging the drive aisle width for a parking lot (new construction) is insufficient per CZO.
• Staff/Respondent Position: Director argued the issue is moot because subsequent plans changed from double-loaded to single-loaded parking, which requires a 42-ft drive aisle (provided at 42 ft 1 in). The new plans comply.
• Public Comments:
  • Appellant (neighbor): Contended that the drive aisle’s first and last thirds are only 16 ft wide (two-way traffic requirement is 24 ft) and that only the middle third meets the module standard. He argued a variance should have been required.
  • Opponent (representative for property owner): Stated the single-loaded module is compliant; the drive aisle meets the 42-ft requirement for single-loaded parking.
• Board Discussion: Staff confirmed the current plans are single-loaded and compliant. Commissioners noted that drive aisle width relates to backing out, not necessarily two-way traffic; the design works.
• Outcome: Motion to deny appeal and uphold the director’s decision (Commissioner Richards, seconded by Commissioner Gonzalez). Approved 4-0.

BZA069-24 – 1533 Broadway Avenue (Appeal of Permit) – New Business

• Proposal: Appellant Kenneth Gelpi Jr. appealed permit 24-20891-RNVS for a two-unit renovation and addition at 1533 Broadway and 7110 Birch Street. He argued: (1) units lack required living/dining areas (overcrowding), (2) permit allows illegal expansion of a non-conforming structure (wall on property line is extended), (3) new address on Birch Street is improper, and (4) demolition of >50% of Birch Street frontage required HDLC approval.
• Staff/Respondent Position: Director rebutted each point: (1) minimum room sizes are not dictated by CZO; (2) the addition does not extend the non-conformity (the wall on the property line remains at the same line, only extended to the rear; per CZO 25.4.D, cubic content may be increased if non-conformity is not further encroached—diagram shows expansion within buildable area); (3) address assignment is ministerial, not subject to CZO; (4) HDLC review not triggered because primary facade on Broadway was not altered and demolition did not meet thresholds.
• Public Comments:
  • Appellant and supporter (Mark Westman, neighbor): Stressed that this is part of a pattern of “doubles to dorms” conversions, overcrowding the neighborhood. They argued the expansion quadruples the non-conforming area (wall) and adds dwelling units, violating 25.4.D (which forbids increasing extent of non-conformity or number of dwelling units). The side wall originally had an overhang; now it is extended horizontally and vertically.
  • Opponent (Katie Schwartz, for owner): Reiterated staff’s position; noted the board has seen prior versions of this project. The addition does not change the non-conformity (same setback line), and the two units are permitted by the lot area. HDLC approval not required.
• Board Discussion: Commissioners asked staff to clarify the non-conformity issue: the non-conformity is the side yard (structure on property line), and the expansion is parallel to that line (to the rear), not further into the side yard. Thus, the extent of the non-conformity is not increased. The increase in cubic content is permitted. The number of dwelling units (two) is already allowed on the lot; the addition does not create a new unit beyond that. Commissioners accepted this interpretation.
• Outcome: Motion to deny appeal and uphold the director’s decision (Commissioner Richards, seconded by Commissioner Gonzalez). Approved 4-0.

Key Outcomes

• Approved Variances: BZA031-24 (2008 Poydras billboard) with 2 provisos; BZA038-24 (2001-2003 St. Ann) with 3 provisos; BZA047-24 (4300 Washington parking lot) with 2 provisos; BZA053-24 (3404 Short mixed-use) with 2 provisos; BZA068-24 (5824 St. Charles driveway) with 2 provisos.
• Denied Variances: BZA065-24 (4709 Marigny porch setback); BZA066-24 (1457 Tita parking and setback).
• Deferred Items (30 days): BZA048-24 (2820-2822 Constance); BZA067-24 (2120 Marigny); BZA062-24 (2501-2537 Tulane appeal) pending civil court decision; BZA063-24 (7000-7002 Jeannette appeal) pending supplemental information.
• Denied Appeals (upheld director): BZA064-24 (911-913 Governor Nicholls); BZA069-24 (1533 Broadway).
• Withdrawn: BZA043-24 (3001-3003 Danneel).

All votes were unanimous (4-0) with the quorum of four commissioners present throughout the meeting.