New Orleans Board of Zoning Adjustments Meeting – December 16, 2024

The Board of Zoning Adjustments (BZA) convened on Monday, December 16, 2024, at 10:00 A.M. in Council Chambers. Commissioners Todd James, Jaime Ramiro Diaz, Alfonso Gonzalez II, and Jason Richards were present; Commissioner Candy Sports was absent. The board adopted the minutes from the November 18, 2024 meeting and handled a docket of variances and appeals. Two agenda items were withdrawn: BZA059-24 (315 Elmira Avenue) and BZA063-24 (7000-7002 Jeannette Street).

Consent Calendar

• Adopted meeting minutes from November 18, 2024.
• Acknowledged withdrawals of BZA059-24 and BZA063-24.

Public Comments & Testimony

• BZA056-24 (Read Boulevard): Applicant Amy Scandaliato noted 100% approvals from the City Planning Commission, City Council, Design Advisory Committee, and neighborhood support, and stressed the need for development in New Orleans East.
• BZA072-24 (Robert Street): Applicant Meredith Hornsby explained the need for a first-floor bathroom for aging parents; neighbor Margaret Mary Dowell opposed, citing parking congestion and code enforcement issues.
• BZA062-24 (Tulane Avenue): Multiple speakers, including Gayla Brown, Mary Howell, Karen Acker, Justin Schmidt, and Sandra Stokes, opposed deferral and raised serious concerns about redaction and removal of public records, arguing the buffer yard issue is separate from the pending litigation. Civil rights attorney William Most flagged potential First Amendment violations.
• BZA074-24 (Iberville Street): Aaron Holmes of VCPORA noted the lack of required NPP notice, prompting a deferral.
• BZA075-24 (Carrollton Avenue): Applicant Zach Smith argued his property is on a distinct city square, while Chief Zoning Official Dan McNamara maintained the city has no designated squares.
• BZA077-24 (Freret Street): Applicant David Kiefer presented 20 years of photos and affidavits supporting a non-conforming parking use.

Discussion Items

• BZA048-24 (2820-2822 Constance Street): Approved a waiver for insufficient lot area, finding all nine variance criteria met, with a proviso for a final survey.
• BZA056-24 (4523 Read Boulevard): Approved a corner side yard setback waiver (85.25 feet provided vs. 12-foot max), with three standard provisos.
• BZA067-24 (2120 Marigny Street): Approved lot width, interior side yard, and mechanical equipment location waivers, with two provisos.
• BZA070-24 (529-533 Royal Street / 714-726 Toulouse Street): Approved an open space ratio variance for The Historic New Orleans Collection, removing a proposed deed-restriction proviso.
• BZA071-24 (3601 Camp Street): Approved a minimum lot area waiver for a resubdivision; later reconsidered and reapproved with only one proviso to avoid requiring removal of an existing non-conforming curb cut.
• BZA072-24 (3412 Robert Street): Approved waivers for one off-street parking space and a half-bathroom, despite staff's recommendation of denial.
• BZA073-24 (2835 Urquhart Street): Approved an interior side yard variance for a wireless telecommunications tower, with three provisos.
• BZA074-24 (525 Iberville Street): Deferred 30 days to allow the applicant to complete the required Neighborhood Participation Program (NPP) process.
• BZA008-24 (2900 Perdido Street): Deferred at the request of the Department of Safety and Permits.
• BZA062-24 (2501-2537 Tulane Avenue): Deferred 30 days due to ongoing litigation; board also voted to accept additional documents into the record after public concern about redactions.
• BZA075-24 (929 N. Carrollton Avenue): Denied the appeal and upheld the director's determination that a bed and breakfast on the same block makes the property ineligible for a short-term rental license.
• BZA076-24 (7533 Jeannette Street): Deferred 30 days at the applicant's request.
• BZA077-24 (7718-7720 Freret Street): Denied the appeal and upheld the director's non-conforming use determination.
• BZA078-24 (5023 Magazine Street): Granted the appeal and overturned the director's decision, allowing more than four dwelling units above ground floor in the HUB-1 district.

Key Outcomes

• The board approved 7 variance requests, granted 1 appeal, denied 2 appeals, deferred 4 items, and noted 2 withdrawals.
• A motion to reconsider BZA071-24 passed, and the board reapproved it with a modified proviso list.
• The board chose not to amend the 2025 meeting calendar and will address it at the January meeting.
• The meeting adjourned after completing the agenda.