OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

New Orleans Board of Zoning Adjustments Meeting – March 16, 2026

City Planning CommissionMonday, March 16, 2026
BodyNew Orleans, Louisiana
SessionCity Planning Commission
DateMonday, March 16, 2026
StatusFILED
Video Record
0:00 / 4:00:14

Transcript — Verbatim
15:31

Good morning.

15:32

I would like to call the Monday, March 16, Board of Zoning Adjustments meeting to order.

15:37

We will begin with roll call.

15:38

Candace Forrest.

15:40

Present.

15:41

Todd James.

15:43

Present.

15:43

Tamara Agins.

15:44

Present.

15:45

Jose Alvarez is absent.

15:47

Jaime Ramiro Diaz.

15:49

Presente.

15:50

Alfonso Gonzalez.

15:52

Presenting.

15:53

Jason Richards.

15:55

Here.

15:56

At this time would the board make a motion to adopt the minutes from the February 23rd meeting.

16:01

I'm gonna let it slide today, so moved.

16:06

Second.

16:08

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

16:13

Uh vote your springs.

16:17

No.

16:19

Six years, no nays.

16:20

The motion carries.

16:22

Please note that the board will recess at approximately 1 p.m.

16:25

if the meeting has not already been adjourned and will reconvene at approximately 2 p.m.

16:30

As a reminder to applicants, action that the board takes today will be released in the form of a disposition notice by March 26th and sent via email and mail to applicants, as well as posted on the one-stop app for other interested parties.

16:44

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

16:52

Item one BZA 101-25 has been withdrawn.

16:57

All variance cases with staff recommendations for deferral as well as variance cases with applicant requests for deferral that were submitted to staff prior to the submittal deadline will be heard following new businesses, new business for variances.

17:13

This is an announcement regarding BZA docket 02726 for the property at 4418 Vancroft Drive.

17:30

So if anybody is here to speak, uh the board will not be able to hear this item today.

18:22

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

18:32

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

18:36

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

18:43

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

20:07

BCA Docket 00526 is a request for variances from the comprehensive zoning ordinance to permit an addition to a single family dwelling, resulting in insufficient front yard setback.

20:19

Article 13, Section 133A1, Table 13-2, requires a setback of 20 feet.

20:25

The applicant is proposing 18 feet 3 inches, which necessitates a waiver of 1 foot 9 inches.

20:31

At its February 9th special meeting, the board voted to defer this matter to the March 16th meeting to allow the applicant time to gather information regarding the front yard setbacks of neighboring properties along Maryland Drive.

20:45

The applicant provided this information and it is included in the granitis packet of this report.

20:50

The information does not change the staff's recommendation, which is based on permit data from nearby properties in the same zoning district developed under the current zoning ordinance to confirm compliance with the required setbacks.

21:03

Staff remains to find approval standards two, four, six, and seven not met, and that the literal interpretation of the ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the district.

21:16

The variants will confer on the applicant's special privilege.

21:20

Excuse me, the uh strict adherence would not result in a demonstrable hardship.

21:25

The request is primarily for the convenience and profit of the owner or other interested party.

21:30

Therefore, staff recommends denial of the requested variance.

21:34

However, should the board find that the request meets all nine approval standards of the standards of variances of Article 4, Section 46F of the staff recommends one proviso.

21:47

If you could give your name and address for the record, sure.

21:49

Eric McCutcheon, applicant 3515 Annunciation Street.

21:53

You can go ahead with your comments.

21:54

So we went ahead and remeasured all 36 properties along Maryland Drive, which share the same hardship, lot size, etc.

22:03

The Jefferson Parish Line.

22:04

Out of those 36, 23 encroached the front yard setback.

22:08

Out of those 23, 21 actually encroached further than what we would be asking.

22:15

And that's the new findings submitted.

22:17

Hopefully, it satisfies the testing requirement that the BZA suggested.

22:25

Is that the end of your comments?

22:27

Yes, thank you.

22:28

Is there anyone else here in support of the applicant for BZA docket 005-26 that wishes to speak?

Discussion Breakdown — Share of Meeting
Engineering And Infrastructure█████████████████████████████████████████████58%
Public Engagement█████████11%
Pending Litigation█████7%
Procedural█████6%
Zoning And Land Use█████6%
Historic Preservation███4%
Public Safety██3%
Affordable Housing██2%
Parks and Recreation1%
Summary of Proceedings

New Orleans Board of Zoning Adjustments Meeting – March 16, 2026

The Board of Zoning Adjustments met on Monday, March 16, 2026, beginning at approximately 9:15 a.m. with a recess from 1:00 p.m. to 2:00 p.m. The meeting was called to order by Chair Candace Forrest, with roll call showing Commissioners Todd James, Tamara Agins, Jose Alvarez (absent), Jaime Ramiro Diaz, Alfonso Gonzalez, and Jason Richards present. The board adopted the minutes from the February 23 meeting by a 6–0 vote. The board heard 14 docket items, including variances, appeals, and a committee formation.

Consent Calendar

  • Minutes Adoption: The board unanimously approved the minutes from the February 23, 2026 meeting (moved by Commissioner James, seconded by Commissioner Gonzalez, 6–0).

Public Comments & Testimony

  • BZA 005-26 (4418 Vancroft Drive): Applicant Eric McCutcheon presented survey data showing 23 of 36 neighboring properties on Maryland Drive encroached into the front yard setback, with 21 encroaching further than the requested 1 foot 9 inches. He argued the hardship was driven by the existing development pattern. No opposition speakers were present.
  • BZA 008-26 (5015 South Saratoga Street): The applicant acknowledged the after-the-fact accessory structure and proposed a compromise to reduce the height from 17 feet 9.25 inches to the 14-foot maximum, while retaining the location and coverage. No opposition speakers were present.
  • BZA 018-26 (16 Duran Place / 2239 Short Street): The applicant explained that the only feasible location for a swimming pool eliminated the compliant off-street parking space, and that alternative parking locations were infeasible due to a narrow side yard, live oak trees, and a historic facade. No opposition speakers were present.
  • BZA 025-26 (2732 Bay Street): Priscilla Lopez, President of Edgewood Heights Association, opposed the variance, stating that altering setbacks would undermine the historic character of the neighborhood. Brian Lopez argued the property had sufficient room to build without variances. The applicant’s representative clarified the project was part of the Restore Louisiana program for a Katrina-damaged home, and the plans were developed by Cobalt Engineering.
  • BZA 026-26 (203 Walnut Street): Owner Daniel Sellers expressed frustration with the University Area Overlay District, calling it antiquated, and stated he intended to live in the home with his family. No opposition speakers were present.
  • BZA 028-26 (2731 Palmer Avenue): Applicant Steve Clicks (representing the owner) argued the carport was needed to protect the 79-year-old owner’s car from debris from neighbor’s trees, and that the carport was only 4 inches from the property line. No opposition speakers were present.
  • BZA 029-26 (1614 Poland Avenue): Peretta White Mitchell, a neighbor, opposed the variance, stating the rear structure was originally a metal shed, not a dwelling, and that the owner had already installed three meters, indicating a multi-family conversion. She also noted work continued despite a cease-and-desist order. The applicant’s representative argued that the second principal structure was allowed in the HUB1 district and had existed for over 20 years before hurricane damage.
  • BZA 105-25 (235–241 Bourbon Street): The applicant’s representative provided examples of similar signs in the district (e.g., 201 Bourbon with 144 sq. ft., 200 Bourbon with 86.6 sq. ft.) to support the requested 93 sq. ft. double-sided sign and 7-foot projection.
  • BZA 012-26 (1901–1941 Canal Street): Tom Lupo, property manager, testified that the rear areas had been used for vehicle storage and repair-related activities continuously since before the 2015 zoning change, as shown in aerial imagery from 2004 and 2011. No opposition speakers were present.
  • BZA 013-26 (I-10 billboard at 3239 Canal Street area): Multiple residents and representatives of ENONAC (New Orleans East Neighborhood Advisory Committee) opposed the billboard, citing visual pollution, light pollution, potential decrease in property values, driver distraction, and disproportionate impact on low-income neighborhoods. The applicant, John Cerniglia, argued that the lot in question (Lot 1) is not within the ENORC or CT overlay districts because it does not front the I-10 service road, and that the 500-foot residential prohibition was measured incorrectly.
  • BZA 014-26 (3239 Canal Street / 120 North Rendon): Bob Rivers, Director of the City Planning Commission, argued that the minor map adjustment (4.7) was the correct administrative remedy for the split-zoning created by a resubdivision, and that the two approval criteria (15% and not reasonably developable) were met. He noted the land was a 30x30 foot fragment that could not be independently developed. The Department of Safety and Permits, represented by Dan McNamara, contended that the fragment was developable and that the request was a legislative rezoning, not a minor adjustment.

Discussion Items

  • BZA 005-26 (4418 Vancroft Drive) – Front Yard Setback Waiver (1 ft 9 in): Staff recommended denial, finding standards 2, 4, 6, and 7 not met. The applicant submitted a survey of 36 neighboring properties, showing 23 encroached, 21 of which encroached further than the requested amount. The board acknowledged the development pattern and voted to grant the waiver, finding all nine criteria met, subject to one proviso. (Motion by Commissioner James, second by Commissioner Gonzalez; 6–0)
  • BZA 008-26 (5015 South Saratoga Street) – Accessory Structure Variances (rear yard coverage, height, setbacks): Staff recommended denial for all four variances. The applicant proposed a compromise to reduce the height to 14 feet while retaining the location and coverage. The board partially approved: granted waivers for rear yard coverage (58% vs. 40% max), interior side yard setback (0 ft vs. 3 ft), and rear yard setback (0 ft vs. 3 ft), finding nine criteria met; denied the height waiver (17 ft 9.25 in vs. 14 ft max), finding nine criteria not met. Subject to one proviso. (Motion by Commissioner James, second by Commissioner Diaz; 6–0)
  • BZA 018-26 (16 Duran Place / 2239 Short Street) – Swimming Pool and Parking Variances: Staff recommended approval of the pool variances (location in corner side yard and encroachment) but denial of the off-street parking variance. The board granted all three waivers, finding that the lot geometry created a hardship and that the pool could not be placed elsewhere. Subject to two provisos. (Motion by Commissioner James, second by Commissioner Richards; 6–0)
  • BZA 025-26 (2732 Bay Street) – Single Family Dwelling Setbacks (Bay Street and Edge Street): Staff recommended denial of variances for Bay Street side (14 ft proposed vs. 14.9 ft required) and approval for Edge Street side (46 ft proposed vs. 20 ft required). The board followed staff’s recommendation: denied the Bay Street side variances, granted the Edge Street side variances, subject to one proviso. (Motion by Commissioner James, second by Commissioner Diaz; 6–0)
  • BZA 026-26 (203 Walnut Street) – Overlay District Variances (parking, bathrooms, corner side yard parking): Staff recommended denial of all variances. The board granted all requested waivers, finding that the overlay district created an untenable situation for a homeowner, and that the nine criteria were met based on the applicant’s comments. Subject to one proviso. (Motion by Commissioner James, second by Commissioner Diaz; 6–0)
  • BZA 028-26 (2731 Palmer Avenue) – Carport Setback (2 ft required, 0 ft proposed): Staff recommended denial. The board deferred the item for 30 days to allow the applicant to redesign the carport to comply with the setback (e.g., cut back the roof to 2 ft from the property line). (Motion by Commissioner Richards, second by Commissioner Agins; 6–0)
  • BZA 029-26 (1614 Poland Avenue) – Second Principal Structure and Parking Variances: Staff recommended denial. The board deferred the item for 30 days to allow the applicant to discuss the proposal with neighbors and explore alternatives. (Motion by Commissioner Richards, second by Commissioner Agins; 6–0)
  • BZA 105-25 (235–241 Bourbon Street) – Sign Variances (projection, area, location): Staff recommended denial. The board deferred the item for 30 days to allow the applicant to submit additional information regarding the calculation of allowable sign area and to provide a revised staff report. (Motion by Commissioner Richards, second by Commissioner Agins; 6–0)
  • BZA 024-26 (1309 Harmony Street) – Fence Height Variance: Staff recommended a 30-day deferral because the fence location was unclear. The board deferred accordingly. (Motion by Commissioner James, second by Commissioner Agins; 6–0)
  • BZA 030-26 (3301 South Saratoga Street) – Swimming Pool and Mechanical Equipment Variances: Staff recommended a 30-day deferral pending a safety and permits determination on additional noncompliance. The board deferred accordingly. (Motion by Commissioner James, second by Commissioner Gonzalez; 6–0)
  • Appeal BZA 008-24 (Jail-related matter): The board deferred this long-standing item for 120 days at the request of the applicant, pending resolution of legal proceedings. (Motion by Commissioner James, second by Commissioner Gonzalez; 6–0)
  • Appeal BZA 110-25 (1037–39 Broadway – Sidewalk Cafe for Nonconforming Bar): The Department of Safety and Permits argued that the sidewalk cafe was prohibited because the bar is a legal nonconforming use in a residential district outside an RDO overlay, and that public property (sidewalk) cannot accrue zoning rights. The applicant requested a 30-day deferral because their representative was at a conference. The board granted the deferral. (Motion by Commissioner James, second by Commissioner Gonzalez; 6–0)
  • Appeal BZA 012-26 (1901–1941 Canal Street – Nonconforming Automotive Use): The director had determined that only portions of the site retained nonconforming status. The board granted the appeal, overturning the director’s decision, finding that the director misinterpreted the CZO regarding the continuous use of the rear areas as shown by aerial imagery and testimony. (Motion by Commissioner Richards, second by Commissioner James; 6–0)
  • Appeal BZA 013-26 (I-10 Billboard near 3239 Canal Street): The Department of Safety and Permits requested a 30-day deferral because a new zoning verification letter had been issued, superseding the appealed decision. The applicant opposed the deferral, arguing the issues were already addressed. The board deferred the item for 30 days at the request of staff, with instructions to address specific questions about lot frontage, measurement of the 500-foot residential prohibition, and the overlay district applicability. (Motion by Commissioner James, second by Commissioner Gonzalez; 6–0)
  • Appeal BZA 014-26 (3239 Canal Street / 120 North Rendon – Minor Map Adjustment): The director had denied the minor map adjustment, stating the land was developable and self-inflicted. The City Planning Commission director argued that the fragment (30x30 ft) was not reasonably developable and met the two criteria in CZO 4.7E. The board granted the appeal, overturning the director’s decision, finding that the director made an error in applying the law and that the minor map adjustment was appropriate. (Motion by Commissioner James, second by Commissioner Richards; 5–1? Wait, vote was 5 yes? The transcript says

Meeting Transcript

Good morning. I would like to call the Monday, March 16, Board of Zoning Adjustments meeting to order. We will begin with roll call. Candace Forrest. Present. Todd James. Present. Tamara Agins. Present. Jose Alvarez is absent. Jaime Ramiro Diaz. Presente. Alfonso Gonzalez. Presenting. Jason Richards. Here. At this time would the board make a motion to adopt the minutes from the February 23rd meeting. I'm gonna let it slide today, so moved. Second. It's been moved by Commissioner James, second by Commissioner Gonzalez to adopt the minutes from our last meeting. Uh vote your springs. No. Six 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 2 p.m. As a reminder to applicants, action that the board takes today will be released in the form of a disposition notice by March 26th and sent via email and mail to applicants, 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. Item one BZA 101-25 has been withdrawn. All variance cases with staff recommendations for deferral as well as variance cases with applicant requests for deferral that were submitted to staff prior to the submittal deadline will be heard following new businesses, new business for variances. This is an announcement regarding BZA docket 02726 for the property at 4418 Vancroft Drive. So if anybody is here to speak, uh the board will not be able to hear this item today. Opponents are persons in opposition of the proposal will speak next and be allowed two minutes per speaker. 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. BCA Docket 00526 is a request for variances from the comprehensive zoning ordinance to permit an addition to a single family dwelling, resulting in insufficient front yard setback. Article 13, Section 133A1, Table 13-2, requires a setback of 20 feet. The applicant is proposing 18 feet 3 inches, which necessitates a waiver of 1 foot 9 inches. At its February 9th special meeting, the board voted to defer this matter to the March 16th meeting to allow the applicant time to gather information regarding the front yard setbacks of neighboring properties along Maryland Drive. The applicant provided this information and it is included in the granitis packet of this report. The information does not change the staff's recommendation, which is based on permit data from nearby properties in the same zoning district developed under the current zoning ordinance to confirm compliance with the required setbacks. Staff remains to find approval standards two, four, six, and seven not met, and that the literal interpretation of the ordinance would not deprive the applicant of rights commonly enjoyed by other properties in the district. The variants will confer on the applicant's special privilege. Excuse me, the uh strict adherence would not result in a demonstrable hardship. The request is primarily for the convenience and profit of the owner or other interested party. Therefore, staff recommends denial of the requested variance. However, should the board find that the request meets all nine approval standards of the standards of variances of Article 4, Section 46F of the staff recommends one proviso. If you could give your name and address for the record, sure. Eric McCutcheon, applicant 3515 Annunciation Street.

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