New Orleans Board of Zoning Adjustments Meeting - March 10, 2025

The New Orleans Board of Zoning Adjustments (BZA) met on March 10, 2025, at 10:00 AM in Council Chambers. All six commissioners were present. The board first convened in executive session to discuss two pending litigations (Maureen Greer cases), then returned to public session. The agenda included six variance requests (two from unfinished business, four new) and two decision appeals from the Department of Safety and Permits (both from unfinished business). All variance requests were approved (one deferred for redesign), and both appeals were deferred due to ongoing litigation. Votes were unanimous (7-0) unless noted.

Public Comments & Testimony

• Daniel Winkert (applicant, BZA010-25): Supported variance for side porch/stairs, arguing the ordinance interpretation was arbitrary and that elevated buildings should be allowed such encroachments per code section 21.6.2.
• Zach Smith Consulting (applicant representative, BZA011-25): Supported variance after reducing impervious surface from 62% to 48%, stating the remaining 8% waiver was needed due to a narrow lot with an existing curb cut.
• No public testimony for BZA015-25 (applicant absent).
• Arthur G. Grimsal (applicant, BZA016-25): Supported variance for attached garage, citing personal safety (burglaries, carjackings) as a hardship, and noted neighbor support.
• Dave Denson (neighbor, BZA016-25): Supported applicant, stating rebuilding the garage on its original footprint would be fine.
• Applicant representative (BZA017-25): Supported variance for seminary housing, emphasizing the property is on a secured, closed campus and that complying would require removing large trees.
• Applicant representative (BZA018-25): Supported variance for Mardi Gras den expansion, arguing the lot has a special condition and that past similar variances were granted, and the project would improve stormwater management.
• Galen Brown (appellant attorney, BZA062-24): Opposed the building permit, arguing three code violations: prohibited parking between the building facade and corner side yard, insufficient buffer zone (10 ft required, only 5 ft provided), and failure to provide a 20 ft buffer under subdivision regulations.
• Trip Lyons (opponent attorney, BZA062-24): Opposed the appeal, stating the board lacks jurisdiction, the issues are being litigated, and the property meets code requirements; requested a 120-day deferral.

Discussion Items

Variances – Unfinished Business

1. BZA010-25 – 5310 Laurel Street (Supermarine, LLC) Applicant sought variances to convert a two-family dwelling to single-family and construct a side porch/steps with zero-foot interior side yard setback. Staff recommended denial, finding the request met criteria 1, 2, 4, 6, and 7 (not meeting hardship). Applicant argued that the ordinance allows side steps for elevated buildings and that a 0.5-inch elevation would make it compliant. Commissioners noted a neighborhood survey showing 33% of properties have similar conditions. The board approved the variance (7-0), finding all nine criteria met, subject to one proviso (submit site plan and elevation).

2. BZA011-25 – 222 Walnut Street (Patrick Waring) Applicant sought variance for retaining 48% impervious surface in the front yard (8% waiver after reduction from 62%). Staff recommended denial due to no special condition. Applicant explained the remaining impervious area was needed to connect an existing curb cut to a compliant driveway on a narrow lot. The board approved the variance (7-0), finding the site constraints justified the waiver, subject to two provisos (per the staff report).

Variances – New Business

3. BZA015-25 – 1457 Tita Street (Paula Jackson) Applicant sought variance for insufficient rear yard setback to construct a single-family home under the Restore LA program with a pre-selected floor plan. Staff recommended approval, noting alternative plans are larger (602 sq ft) and would be less compliant. No applicant appeared. The board approved the variance (7-0), accepting staff recommendation, subject to two provisos.

4. BZA016-25 – 401 Lowerline Street (Arthur G. Grimsal) Applicant sought variances for interior side yard (0.3 ft instead of 3 ft) and rear yard (1.3 ft instead of 15 ft) to build an attached two-car garage. Staff recommended denial, finding no hardship and citing convenience. Applicant argued safety concerns (burglaries, carjackings) and that the garage would be on an existing footprint. Commissioners suggested alternatives (e.g., detaching the garage or using a fence) and advised working with a design professional. The board deferred the item for 60 days (7-0) to allow the applicant to revise plans in consultation with staff and an architect.

5. BZA017-25 – 4143 Seminary Place (New Orleans Baptist Theological Seminary) Applicant sought variance for interior side yard setback (4 ft instead of 7.8 ft) to build a single-family home on an educational campus. Staff recommended denial, finding no special condition. Applicant explained the property is part of a gated campus with no public access, and compliance would require removing large trees. Commissioners noted the lack of an Institutional Master Plan and encouraged the seminary to file one. The board approved the variance (7-0), finding the site’s closed campus nature met the criteria, subject to one proviso.

6. BZA018-25 – 2310 Perdido Street (Jesters Social Club) Applicant sought variance for permeable open space (13.64% instead of required 20%, a 6.36% waiver) for an addition to a Mardi Gras den. Staff recommended denial, finding no special condition (only criterion 1 not met). Applicant argued that Mardi Gras dens have a history of granted variances and that the project provides net stormwater benefits (2,600 cu ft storage vs. required 2,000 cu ft). The board approved the variance (7-0), finding the special nature of the use and environmental improvements satisfied the criteria, subject to one proviso.

Safety and Permits Decision Appeals – Unfinished Business

7. BZA008-24 – 2900 Perdido Street (Voice of the Experienced) No new information; litigation remains pending. The board deferred the appeal for 120 days (7-0) until the litigation is resolved.

8. BZA062-24 – 2501-2537 Tulane Avenue (Miles Trapolin & Maureen Greer) Appeal of a building permit for a grocery store. Appellant’s attorney cited three alleged code violations (parking placement, buffer zone, subdivision requirement). Opponent’s attorney argued the board lacks jurisdiction and the issues are in litigation, requesting a 120-day deferral. The board deferred the appeal for 120 days (7-0) due to pending litigation.

Key Outcomes

• Approved variances: BZA010-25 (5310 Laurel St), BZA011-25 (222 Walnut St), BZA015-25 (1457 Tita St), BZA017-25 (4143 Seminary Pl), BZA018-25 (2310 Perdido St) – all 7-0 in favor, with provisos as noted.
• Deferred variances: BZA016-25 (401 Lowerline St) – 60-day deferral for plan revision (7-0).
• Deferred appeals: BZA008-24 (2900 Perdido St) and BZA062-24 (2501-2537 Tulane Ave) – each deferred 120 days due to ongoing litigation (7-0).
• Meeting adjourned at an unspecified time after completing all agenda items.

Note: No consent calendar or separate public comment period outside the listed items.