New Orleans Board of Zoning Adjustments Meeting - May 5, 2025: Numerous Variance Requests and Appeals Deferred or Decided
New Orleans Board of Zoning Adjustments Meeting - May 5, 2025
The Board of Zoning Adjustments convened on Monday, May 5, 2025, at 10:00 AM in Council Chambers, recessed at approximately 1:00 PM, and reconvened at 1:30 PM. The board heard 18 docket items, including variances, appeals, and deferred matters. Key actions included approvals, denials, and deferrals, with several items sent back for additional information. The meeting adjourned after all items were addressed.
Variances - Unfinished Business
- BZA009-25 (2816-18 Saint Louis Street): Deferred 30 days. The applicant seeks to subdivide a lot with a two-family dwelling. Staff reported that 92% of two-family lots in the area comply with lot area requirements. The board deferred to allow the applicant to review updated staff recommendations and address hardship criteria.
- BZA023-25 (1474 Magazine Street): Deferred 30 days. Request to allow a swimming pool with zero-foot setback from side lot line. The applicant argued the pool cannot be moved due to structural constraints and is working with a neighbor on a shared wall. The board requested documentation of a shared-use agreement and structural details.
- BZA028-25 (6325 Caldwell Drive): Denied. Request for an after-the-fact variance to retain an 8-foot-5-inch fence (exceeding 5-foot maximum) around a pool. The Lakefront Management Authority and Lake Terrace Property Owners Association opposed, citing failure to follow the permitting process. The board found that the nine criteria for variance were not met (6-0 vote).
Variances - New Business
- BZA029-25 (2420 New Orleans Street): Deferred 60 days. Request to build a single-family home with excessive setbacks and a front-yard parking pad as part of the Restore LA program. Staff noted that other floor plans might be compliant. The board encouraged staff to communicate with the program to avoid future issues.
- BZA030-25 (4611 Gawain Drive): Deferred 60 days. Similar Restore LA project seeking variances for rear yard setback and front steps encroachment. The board deferred to explore alternative plans.
- BZA031-25 (3436 Saint Ferdinand Street): Approved. Request to subdivide a 75-foot-wide lot into two 37.5-foot-wide lots for two-family dwellings. The board found that the historical development pattern of 25-foot lots supported the variance, and that strict adherence would cause hardship (6-0 vote).
- BZA032-25 (849-53 Odeon Street): Deferred 60 days. Request to resubdivide lots to correct a lot line that bisects a structure. Staff requested a non-conforming use determination from Safety and Permits.
- BZA033-25 (119-23 28th Street): Deferred 30 days. Request to subdivide a 60-foot-wide lot into two 30-foot lots for single-family homes. The applicant cited rising insurance costs, but the board requested non-financial hardship documentation and clarification on building code requirements for fire separation.
- BZA034-25 (7903 Plum Street): Approved. Request to place a generator in the corner side yard instead of the rear yard. The board approved with a proviso for a solid fence and landscaping to screen the equipment and mitigate sound (6-0 vote).
- BZA035-25 (1760 Moss Street): Approved. Request to place mechanical equipment on a third-floor terrace with setbacks less than required. The board accepted that the terrace is not a roof and that safety is addressed by building code (6-0 vote).
- BZA036-25 (600 Decatur Street): Deferred 30 days. Request for an 18-square-foot projecting sign (10 square feet over the limit) for the Museum of Illusions. The board sought documentation of the existing Café Beignet sign size and VCC input.
- BZA037-25 (546-48 Fourth Street): Deferred 30 days. Request for a permeable open space variance; notification signage was posted fewer than 15 days prior, requiring deferral.
Director of Safety and Permits Decision Appeals
- BZA025-25 (1500-02 Pine Street): Deferred 30 days. Appeal by Town of Carrollton Watch regarding bedroom count and parking. The Department of Safety and Permits requested a deferral due to late filings.
- BZA038-25 (1200 S. Carrollton Avenue): Deferred 30 days. Appeal concerning a hotel conditional use. The appellant requested a 90-day deferral pending legislation, but the board granted 30 days, noting that the project has an open permit and work is ongoing.
- BZA039-25 (2616 Calhoun Street): Deferred 30 days. Appeal by Town of Carrollton Watch regarding a potential rooming house. Both parties agreed to a deferral.
- BZA040-25 (2322 Saint Louis Street): Deferred 30 days. Appeal; applicant requested deferral.
- BZA041-25 (1940 Saint Claude Avenue): Initially marked moot but not confirmed. Deferred 30 days after the department confirmed the permit had not been rescinded. The applicant plans to submit additional documentation.
Key Outcomes
- Approvals: BZA031-25 (lot width), BZA034-25 (generator), BZA035-25 (mechanical equipment).
- Denials: BZA028-25 (fence).
- Deferrals: 11 items deferred (30 or 60 days) for additional information, documentation, or staff review.
- Withdrawn: BZA016-25 (401 Lowerline Street) was withdrawn.
- Next Steps: Disposition notices to be released by May 15, 2025. Applicants must comply with provisos before final approval.
Meeting Transcript
Good morning. I would like to call the Monday, May 5th Board of Zoning Adjustments meeting to order. We will begin with roll call. Candace Forrest. Todd James is present but not here. Tamara Agins. Present. Jose Alvarez. Present. Ramiro Diaz is absent. Alfonso Gonzalez. Present. And Jason Richards is absent. At this time, would the board like to make a motion to adopt the minutes from the April 7th meeting? Second. It's been moved by Commissioner Alvarez, second by Commissioner Eggins to adopt the minutes from our last meeting. Just getting it up on the screen. And you can vote your screens. Four years, no nays. The motion carries. Please note that the board will recess at approximately 1 p.m. if the meeting has not already been adjourned and will reconvene at approximately 1 30 p.m. As a reminder to applicants, action that the board takes today will be released in the form of a disposition notice by May 15th and sent via email and mail to the applicant as well as posted on the one stop app for other interested parties. Requests that the board votes to approve must show compliance with any noted provisos before the case is finalized and granted final approval. One item on today's agenda has been withdrawn. Item number two, BZA 016-25 for the property at 401 Lower Line Street, and one item has been rendered moot. BZA item. BZA 041 24 for the property at 1940 St. Claude Avenue. We will now begin with unfinished business for variances. Will the chair please read the hearing rules for variances? Yes. Rules and procedures for public hearings variance requests. The following procedures shall be observed during the hearing. Each speaker shall give their name and address prior to speaking on the proposal. The applicant or representative will speak first. The presentation shall be limited to a maximum of three minutes for each applicant or representative speaker. But in no event shall the cumulative presentation total by applicants or their representatives exceed 10 minutes. Proponents or persons in favor of the proposal will speak next and be allowed two minutes per speaker. Opponents or persons in opposition of the proposal will speak next and be allowed two minutes per speaker. The applicant or representative will be allowed a rebuttal. The rebuttal shall be limited to a cumulative maximum of three minutes. For an exceptional case, the time limitations may be extended by the presiding officer with the approval of the board. As the board deems necessary, the case may be acted upon at this meeting or deferred for additional information or review. If the case is deferred, it will be acted on at a subsequent meeting as provided by law. All proper parliamentary procedures shall be followed, including recognition of speakers, relevance of argument, and absolute prohibition of applause or demonstration. Standard of review. BZA 009-25 is a request for variances from the provisions of Article 12, Section 12.3.1 table 12-2 of the comprehensive zoning ordinance permit the creation of a lot with insufficient lot area. The current development of the site includes a two-family development on lot 6A with an adjacent vacant lot comprising of lot 7. The current configuration shows that a portion of an egress from the structure on lot 6A is located on lot 7.
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