New Orleans Board of Zoning Adjustments Meeting - January 29, 2025

The New Orleans Board of Zoning Adjustments (BZA) convened on January 29, 2025, to address a docket including variance requests, appeals of safety and permits decisions, an extension request, and an amendment to the 2025 meeting schedule. All votes were unanimous (5-0) unless noted.

Consent Calendar

• The board unanimously adopted the minutes from the December 16, 2024 meeting.
• An executive session regarding pending litigation (Maureen Greer et al. v. City of New Orleans) was deferred for 30 days.

Public Comments & Testimony

• BZA074-24 (525 Iberville Street): Aaron Holmes of VCPORA expressed support for the project, noting a successful neighborhood participation program (NPP) and vacancy redevelopment.
• BZA062-24 (2501-2537 Tulane Avenue): Appellants' counsel Mary Howell argued against deferral, alleging staff altered a disposition 391 days after the hearing without public notice or a hearing, calling it a "secret public document" and requesting an investigation and a stay of the permit. Karen Acker (Louisiana Landmarks Society) opposed a letter from Chip Lyons, arguing buffer yards must be located between the structure and adjoining lot lines, not in the public right-of-way. Chip Lyons (for the property owner) argued the appeal lacked jurisdiction because it concerned a building permit, not a zoning decision, and that the 20-foot landscape buffer did not apply to the non-residential double-frontage property.
• BZA076-24 (7533 Jeanette Street): Appellant Susan Johnson argued the Department of Safety and Permits (DSP) approved a sketch for a non-structural renovation permit without labeling room uses, in violation of the University Area Overlay (CZO 18.30). She claimed this enabled four unaccounted new bedrooms and lacked corresponding off-street parking. Neighbors Melinda Alfonso and Richard Fergerson described repeated violations of stop-work orders and unlicensed contracting. DSP Chief Zoning Official Dan McNamara requested dismissal, stating the appeal failed to state a basis for relief. Commissioner questions confirmed the appeal documents did not clearly articulate an existing error.
• BZA002-25 (4917 Freret Street): Appellant Ben Flaxenberg (for neighbors) argued that approved plans for a restaurant included a pool and DJ booth, constituting a pool club rather than a permitted restaurant use in the HUMU district. Architect Seamus McGuire was present as opposition. DSP argued the pool and live entertainment had not been applied for or approved, making the appeal premature.
• BZA003-25 (2045 N. Rocheblave Street): Applicant Zach Smith (for United Fellowship Full Gospel Baptist Church) argued the proposed new building on a separate lot should be considered a principal place of worship, as it would host worship, youth outreach, and community services independently from the adjacent sanctuary. Pastor Brandon Boutane emphasized the church's growth and need for space. DSP determined the new structure would be an accessory use to the adjacent church, requiring a resubdivision. Commissioners questioned definitions and functional independence; Commissioner James noted that how a church worships cannot be defined and the building plan allowed for separate assembly occupancy.

Discussion Items

• BZA074-24 (525 Iberville Street): Applicant reported NPP completion. Commissioner motion to approve the requested waivers (minimum lot area, residential conversion) with two provisos, finding nine criteria met. Approved 5-0.
• BZA001-25 (2500-2512 Constance Street): Staff recommended 30-day deferral due to weather-related city hall closures. Approved 5-0.
• BZA062-24 (2501-2537 Tulane Avenue): After public testimony, the board deferred the matter 60 days pending active litigation in Civil District Court and a new lawsuit regarding an allegedly altered disposition. Approved 5-0.
• BZA076-24 (7533 Jeanette Street): Following discussion about the lack of a clear error stated in the appeal, the board denied the appeal and upheld DSP's decision, finding no error in interpretation of the CZO. Approved 5-0.
• BZA002-25 (4917 Freret Street): The board denied the appeal, upholding DSP's decision, as the pool and live entertainment uses had not been applied for or approved at the time of the appeal. Approved 4-0 (one commissioner not listed as voting, but motion carried).
• BZA003-25 (2045 N. Rocheblave Street): The board overturned DSP's decision, granting the appeal and finding an error. The board determined the new building met the definition of a place of worship and could function independently from the adjacent church, and that the accessory use requirement did not apply. Approved 5-0.
• BZA058-22 (4040 Canal Street): The applicant requested a first extension of time (previously granted administrative extension) to obtain building permits; only plumbing review with DPW remained. The board granted the extension, finding criteria still met. Approved 5-0.
• Item 9 (Amendment to 2025 BZA Meeting Schedule): Staff presented a revised docketing schedule due to difficulty securing Council Chambers for all dates. The board unanimously adopted the amendment. Approved 5-0.

Key Outcomes

• Unanimous approvals for consent items, deferrals, variances, and schedule amendment.
• Deferred executive session (30 days) and BZA062-24 (60 days) pending litigation.
• Denied appeals for BZA076-24 and BZA002-25, upholding DSP decisions.
• Granted appeal for BZA003-25, overturning DSP decision on accessory use determination.
• Granted extension for BZA058-22.
• The meeting adjourned after the schedule amendment.