The New Orleans City Planning Commission met on Monday, June 9, 2025, at 10:00 AM in Council Chambers. The meeting covered 18 docket items, including variances and appeals of the Director of Safety and Permits. The board recessed from approximately 1:00 PM to 1:30 PM. Final dispositions will be released by June 19, 2025.
Ramiro Diaz Present. Alfonso Gonzalez. Present. And Jason Richards. Present. At this time, would the board make a motion to adopt the minutes from the May 5th meeting? So move. Second. It's been moved by Commissioner Gonzalez. Second by Commissioner Alvarez to adopt the minutes from our last meeting. Uh vote your screens. Motion carries. Please note that the board will release or 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 June 19th and sent via email and mail to the applicant, as well as posted on 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. We will now begin with unfinished business for variances. Will the chair please read 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 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. As the board deems necessary, the case may be acted upon at this meeting or deferred for additional information or review. BZA009-25 is a request for variances from the provisions of Article 12, Section 12.3.1, Table 12-2 of the comprehensive zoning ordinance to permit the creation of lots with insufficient lot area. Using the new measurements, this lot would render lot seven compliant with the bulk and yard regulations for single family dwellings and remove the need for a waiver. The subdivision could be reconfigured to allow for one lot of record, which would be compliant for a two-family dwelling. Additionally, the op there's a second option that the subdivision could be drawn in a way that provides compliance to a two-family lot, leaving a smaller adjacent lot. In the HUMU zoning district, there are no lot area minimum requirements, lot width minimums or interior side yard setbacks for non-residential uses. The request does not solely reflect a profit-driven interest, but is fundamentally motivated by the need to address and maintain the existing condition in which a principal structure on lot 6A extends across the lot line. By maintaining the status quo where the building continues to encroach over the lot line, the request effectively seeks to accommodate the property owner's convenience without making meaningful changes to resolve the insufficiency. Therefore, staff recommends denial of BZA Docket 00925. However, should the board find that the request meets all nine approval standards or variances, staff recommends one proviso. Hi, if you could give your name and address for the record. Alex Modinger, J.A. Modentry Architect, 1558 Annunciation Street in New Orleans, Louisiana, 7013. You can go ahead with your comments. To address the smaller lot, we originally came with a smaller lot and then changed the uh survey to do this to match comments of the board. Uh we've discussed with the board if we came in with a design for the individual lot as well. That's actually we could move forward with that. But we keep coming down to title issues and the separate titling of the lot. Uh we provided additional commentary for this last meeting uh regarding some of those issues. Um essentially got the same commentary back as a denial, saying we had have not addressed those issues. So I I mean no offense to staff, but as an architect with a business degree who's a real estate developer, focus in finance and management, I would like to address some of the real financial issues here that are not addressed in the staff meeting report without the right that my client has to separate title taxation via the city system for homestead exemption, use of the land thereof as their own home and taxation that way. Federal taxation on a rental property, which would be the duplex, separate title of this causes a convolution and obfuscation of their taxation situation there. So the city is holding him in a position of detriment that is uncommon to his neighbors around him. If you look at the geometry and and we showed the geometry unique to this spot because of the canal, typically 300.