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Record of Proceedings

New Orleans BZA Meeting: Variances, Appeals, and Officer Elections – August 4, 2025

City Planning CommissionMonday, August 4, 2025
BodyNew Orleans, Louisiana
SessionCity Planning Commission
DateMonday, August 4, 2025
StatusFILED
Video Record

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Transcript — Verbatim
6:33

Good morning.

6:34

I would like to call the Monday, August 4th, Board of Zoning Adjustments meeting to order.

6:40

At the time with at this, I'm sorry, we will begin with roll call.

6:43

Candace Forrest.

6:45

Present.

6:45

Todd James.

6:47

Present.

6:47

Mayor Agans is absent, absent.

6:50

Jose Alvarez.

6:51

Present.

6:52

Premier Ardia is absent.

6:54

Alfonso Gonzalez.

6:56

Present.

6:57

And Jason Richards.

6:58

Present.

6:59

Present.

7:00

At this time, would the board make a motion to adopt the minutes from the June 9th meeting, which was deferred at the last meeting.

7:08

So move.

7:09

Second.

7:11

Okay.

7:13

It's been moved by Commissioner James.

7:15

Second by uh was it Commissioner Gonzalez?

7:19

Sorry, Commissioner Richards to adopt the uh minutes from our June meeting.

7:24

Vote your screens.

7:33

Five years, no nays, the motion carries.

7:36

At this time, would the board make a motion to adopt the minutes from the July fourteenth meeting?

7:43

Second.

7:46

It's been moved by Commissioner Alvarez, second by Commissioner James to adopt the minutes from our July meeting.

7:56

Vote your screens.

7:58

Sorry, everybody's voices start sounding alike, just saying two words.

8:20

Uh no nays, the motion carries.

8:55

Request that the board votes to approve must show compliance with any noted provisos before the case is finalized and granted final approval.

9:04

One item on today's agenda has been withdrawn.

9:08

Would the board make a motion to hear um BZA zero forty-one dash twenty-five out of order?

9:19

Which is an appeal.

9:40

Second by Commissioner Richards to uh suspend the rules to hear an item um out of order.

9:48

Vote your screens.

9:50

Five six yes, no nays, the motion carries.

9:55

We will now begin with unfinished business for decision appeals.

10:00

Would the chair read the hearing rules for decision appeals?

10:05

Yes, rules and procedures for public hearings, appeals of decisions of the director of the department of safety and permits.

10:12

The following procedures shall be observed during the appeal hearing.

10:16

Each speaker shall give their name and address prior to speaking on the proposal.

10:21

The representative of the Department of Safety and Permits shall present to the board the decision which is under appeal, the relevant code sections relating to the appeal, and any information explaining the department's decision.

10:34

The applicant or representative will speak next.

10:37

The presentation shall be limited to a maximum of five minutes for each applicant or representative speaker.

10:43

But in no event shall the cumulative presentation total by applicants or their representatives exceed 15 minutes.

10:51

Proponents are persons in favor of the proposal will speak next and be allowed three minutes per speaker.

10:58

Opponents are persons in opposition of the proposal will speak next and be allowed three minutes per speaker.

11:05

The applicant or representative will be allowed a rebuttal.

11:08

The rebuttal shall be limited to a cumulative maximum of five minutes.

11:12

For an exceptional case, the time limitations may be extended by the presiding officer with the approval of the board.

11:19

As the board deems necessary, the case may be acted upon at this meeting or deferred for additional information or review.

11:27

If the case is deferred, it will be acted on at a subsequent meeting as provided by law.

11:33

All proper parliamentary procedures shall be followed, including recognition of speakers, relevance of argument, and absolute prohibition of applause or demonstration.

11:44

Standard of review.11, 1940 St.

13:03

Claude falls within that EC-11 overlay requiring design and site plan review by the City Planning Commission if the renovation meets threshold for substantial improvement.

13:13

At the time of the filing of the appeal, the project's construction value was 27, 237,000.

13:20

This would exceed the building's assessed value of $80,000 according to the Orleans assessor.

13:27

Upon the initial review of the appeal, the director agreed with this analysis and conceded the argument.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████75%
Procedural████7%
Public Safety███5%
Pending Litigation██4%
Historic Preservation██3%
Alcoholic Beverage Regulation2%
Community Engagement1%
Parking Management1%
Flood Management1%
Summary of Proceedings

New Orleans Board of Zoning Adjustments Meeting Summary – August 4, 2025

The New Orleans Board of Zoning Adjustments (BZA) met on Monday, August 4, 2025, at 10:00 A.M. in Council Chambers. The meeting covered 18 agenda items, including six unfinished variance cases, five new variance requests, one extension request, three director of safety and permits decision appeals (one withdrawn), and the election of officers. Commissioners Candice Forrest, Todd James, Jose Alvarez, Alfonso Gonzalez, and Jason Richards were present; Tamara Agins and a second commissioner were absent. The meeting adjourned after approximately six hours.

Consent Calendar

  • Minutes from June 9, 2025, and July 14, 2025, meetings were adopted unanimously.
  • BZA048-25 (Zoning Memorandum Z-25-01) was withdrawn.
  • BZA068-25 (1700 Magazine Street / 1802 Hasting Place) was withdrawn.

Public Comments & Testimony

  • BZA041-25 (1940 St. Claude Avenue): Appellant Corey McGraw argued that the property, located in an EC-11 overlay and full-control HDLC historic district, required CPC design review. He cited a prior appraisal dispute and claimed non-conforming parking. Neighbors Pat Galloway, Lisa Suarez, Mark Lewis, and Jeff A. Bear spoke in support, stressing the need for CPC review and proper parking/landscaping. The respondent (Pizza Hut franchisee’s attorney) argued that the certified appraisal showed the renovation was not a substantial improvement and that HDLC review sufficed. The board denied the appeal, finding no error in the director’s decision.
  • BZA047-25 (1020 Forstall Street): Pastor Ernest Dyson represented St. Paul Church of God in Christ, seeking variances for parking in the front yard, compact spaces, buffer yard, and landscape yard. Commissioners discussed the narrow lot constraints, the existing rear parking, and whether the proposed compact stalls met dimensional standards. No public opposition was heard. The board granted the variances subject to one proviso.
  • BZA054-25 (509 Exposition Boulevard): Multiple neighbors (Donald Fant of the Arna/Ottoman Riverside Neighborhood Association, Leanne Moses, Ted Moses, Cecilia Sogan, Lloyd Bonfield) spoke in opposition, citing violations including excessive demolition, front build-to-line encroachment, and lack of respect for the neighborhood. The applicant requested a 30-day deferral, which the board granted.
  • BZA064-25 (6116-18 Annunciation Street / 324 Webster Street): The applicant’s representative proposed a subdivision to increase permeable green space. Commissioners questioned whether a compliant minimum lot depth (90 feet) could be achieved, eliminating the need for variances. The board deferred 30 days to allow the applicant to consider a compliant plan.
  • BZA070-23 (1351 Tchoupitoulas Street): Justin Schmidt, on behalf of Matt Ryan, opposed the two-year extension, arguing the application was incomplete and that litigation did not prevent construction. The board granted the extension to August 17, 2027, with four yes, one nay, and one recusal.
  • BZA062-25 (4200-02 Prytania Street / 1312-1320 Milan Street): Appellants Vonda and Colin Brooks and their attorney Sharonda Williams argued that the previous bar’s ABO license lapsed for more than 180 days, causing loss of non-conforming use status. Neighbors Ann Middleton (Turo/Bouligny Neighborhood Association) and Joseph Powell also spoke in support of the appeal, expressing concerns about noise and safety. The respondent (new operator and his representative) contended that the bar closed on March 31, 2025, and that the 180-day clock had not expired. The board voted 5-1 to grant the appeal and overturn the permit, finding an error in interpretation of the CZO.

Discussion Items

  • BZA041-25: The board heard detailed arguments from the appellant (Corey McGraw), neighbors, and the respondent (Pizza Hut franchisee). Key issues included whether a certified appraisal satisfied the substantial improvement threshold and whether CPC design review was required for a full-control HDLC property. Chief Zoning Official Dan McMahon clarified that the property was being treated as a standard restaurant and that any parking or use changes would be addressed separately. The board voted to deny the appeal.
  • BZA047-25: Commissioners debated the technical dimensions of parking stalls, buffer yards, and front yard parking. Commissioner James led a detailed discussion on whether the proposed compact spaces met standards when accounting for wheel stops. The board agreed the parking location variances were approvable, while the dimension variance was mooted by the wheel stop interpretation. The motion to grant the variances passed with one proviso.
  • BZA050-25 (8501 Hickory Street): Destiny Gorham, the applicant, requested variances for curb cuts, parking spaces, and bathroom count under the university area overlay. Staff reported that the number of bedrooms had been reclassified from three to four, triggering additional parking requirements. The board granted all requested variances, noting that DPW had provided guidance on driveway placement.
  • BZA051-25 (8400 Chef Menteur Highway): Brandon Henry presented a revised sign design reducing height to 26 feet and recalculating square footage. The board approved the variance, based on the sign not exceeding the greatest non-conformity on the street.
  • BZA052-25 (80 Audubon Boulevard): Zach Smith and architect Charles Neira presented two design options for the accessory structure, with Option 1 preferred for architectural proportionality. The board approved the height variance, acknowledging the flooding hardship and lack of additional square footage.
  • BZA058-25 (1354 Moss Street): Architect Daniel Samuels and owner Stephen Bergeron presented two design options for a detached garage, each reducing the height by two feet from the original 21.5 feet to 19.5 feet. The board approved the variance, noting the uniqueness of the property and the constructive dialogue from the prior meeting.
  • BZA063-25 (2001 Iberville Street): Andrew Shepard represented the owner, seeking a waiver of 48 parking spaces for a church conversion. Staff recommended approval, and the board granted the variance.
  • BZA065-25 (920 Jena Street): The applicant’s representative requested a 30-day deferral to submit a revised site plan with fewer variances. The board granted the deferral.
  • BZA066-25 (2818 N. Rampart Street): The board granted a 30-day deferral at the owner’s request; no reason was stated.
  • BZA067-25 (2619 Banks Street): Zach Smith requested a 30-day deferral to clarify plan inconsistencies. The board granted the deferral.
  • BZA070-23: The board considered a two-year extension request for previously granted variances for the convention center’s outdoor amusement facility. After discussion about ongoing litigation and the applicant’s willingness to accept a 120-day deferral, the board voted to grant the full two-year extension to August 17, 2027, with one nay and one recusal.
  • Election of Officers: Commissioner Gonzalez moved to keep Candice Forrest as chair and Todd James as vice chair for the term July 2025–July 2026. The motion passed unanimously, with the understanding that if Chair Forrest rolls off the board, the vice chair may assume the role until a special election.

Key Outcomes

  • BZA041-25: Appeal denied (6-0). The director’s decision was upheld; no error in CZO interpretation was found.
  • BZA047-25: Variances granted (6-0) for front yard parking, buffer yard, and landscape yard; the dimension variance was considered moot. Subject to one proviso.
  • BZA050-25: Variances granted (6-0) for curb cut, parking count, and bathroom count. Subject to two provisos.
  • BZA051-25: Variance granted (6-0) for sign height and area. Subject to one proviso.
  • BZA052-25: Variance granted (6-0) for building height (40 ft 6.5 in). Subject to one proviso.
  • BZA054-25: Deferred 30 days at staff’s request.
  • BZA058-25: Variance granted (6-0) for accessory structure height (19.5 ft). Subject to one proviso.
  • BZA063-25: Variance granted (6-0) for off-street parking (48 spaces waiver). Subject to one proviso.
  • BZA064-25: Deferred 30 days to allow the applicant to consider a compliant lot depth.
  • BZA065-25: Deferred 30 days at applicant’s request.
  • BZA066-25: Deferred 30 days at applicant’s request.
  • BZA067-25: Deferred 30 days at staff’s request.
  • BZA070-23: Two-year extension granted (4-1-1) to August 17, 2027.
  • BZA062-25: Appeal granted (5-1). The board found error in the director’s interpretation of the CZO regarding non-conforming use status and the issuance of the renovation permit. The permit was overturned.
  • Election of Officers: Chair Forrest and Vice Chair James re-elected unanimously.

Meeting Transcript

Good morning. I would like to call the Monday, August 4th, Board of Zoning Adjustments meeting to order. At the time with at this, I'm sorry, we will begin with roll call. Candace Forrest. Present. Todd James. Present. Mayor Agans is absent, absent. Jose Alvarez. Present. Premier Ardia is absent. Alfonso Gonzalez. Present. And Jason Richards. Present. Present. At this time, would the board make a motion to adopt the minutes from the June 9th meeting, which was deferred at the last meeting. So move. Second. Okay. It's been moved by Commissioner James. Second by uh was it Commissioner Gonzalez? Sorry, Commissioner Richards to adopt the uh minutes from our June meeting. Vote your screens. Five years, no nays, the motion carries. At this time, would the board make a motion to adopt the minutes from the July fourteenth meeting? Second. It's been moved by Commissioner Alvarez, second by Commissioner James to adopt the minutes from our July meeting. Vote your screens. Sorry, everybody's voices start sounding alike, just saying two words. Uh no nays, the motion carries. Request 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. Would the board make a motion to hear um BZA zero forty-one dash twenty-five out of order? Which is an appeal. Second by Commissioner Richards to uh suspend the rules to hear an item um out of order. Vote your screens. Five six yes, no nays, the motion carries. We will now begin with unfinished business for decision appeals. Would the chair read the hearing rules for decision appeals? Yes, rules and procedures for public hearings, appeals of decisions of the director of the department of safety and permits. The following procedures shall be observed during the appeal hearing. Each speaker shall give their name and address prior to speaking on the proposal. The representative of the Department of Safety and Permits shall present to the board the decision which is under appeal, the relevant code sections relating to the appeal, and any information explaining the department's decision. The applicant or representative will speak next. The presentation shall be limited to a maximum of five minutes for each applicant or representative speaker. But in no event shall the cumulative presentation total by applicants or their representatives exceed 15 minutes. Proponents are persons in favor of the proposal will speak next and be allowed three minutes per speaker. Opponents are persons in opposition of the proposal will speak next and be allowed three minutes per speaker. The applicant or representative will be allowed a rebuttal.

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