Board of Zoning Adjustments Meeting - April 20, 2026

The Board of Zoning Adjustments (BZA) met on Monday, April 20, 2026, at approximately 9:00 AM. Present were Chair Candace Forrest, Commissioner Jose Alvarez, and Commissioner Jamie Ramiro Diaz. Commissioners Alfonso Gonzalez and Jason Richards were absent. The meeting recessed from 1:00 PM to 2:00 PM and adjourned after completing all agenda items. The board considered multiple variance requests and two appeals.

Consent Calendar

• Adoption of Minutes: The board unanimously approved the minutes from the March 16, 2026 meeting (4-0).

Public Comments & Testimony

• BZA 105‑25 (Sign Variance): Supporters included McKenzie Laxton (applicant rep), Kylie Lewis, Don Randon (real estate professional), Sunny Wicker (designer), and John Marion (sign maker). They argued that neighboring properties have similar sign sizes, the sign would restore historic character, and the sign would be locally manufactured. Opponents included Gretchen Byers (VCPORA) and Anthony Marino (resident), who stated the request sets a harmful precedent, the sign is not a restoration, and it violates VCC code.
• BZA 030‑26 (Swimming Pool): Applicant Anna Polk and builder Cody Shillette confirmed compliance with safety fence requirements.
• BZA 031‑26 (Single‑Family Dwelling): Applicant representative argued that downsizing the home would significantly reduce living space for the family.
• BZA 032‑26 (Two‑Family Parking): Applicant Deshaun Davenport noted that neighboring properties have similar off‑street parking patterns.
• BZA 034‑26 (Steps Variance): Applicant Joseph Lowershell explained that elevation due to FEMA grant required the high steps, and designed to match historic neighborhood.
• BZA 035‑26 (Mixed‑Use Parking): Zach Smith and Ilsa Style represented the owner, stating the commercial space has been vacant for five years despite marketing, and there is high demand for residential units.
• BZA 038‑26 (AC Units Side Yard): Opponents Jan Benson and Frederick Helm (neighbors) raised safety concerns about clearance and emergency access; applicant Pedro Molina noted HDLC and mechanical division approvals.
• Appeal 110‑25 (Sidewalk Cafe): Supporters included Jason Napoli (family member), Lisa Greenleaf (adjacent business owner), and others who submitted cards; they argued the outdoor seating has existed since the 1970s and is integral to the business. Opposition came from Susan Johnson (Town of Carlton Watch), who supported the department’s denial.
• Appeal 013‑26 (Billboard): Applicant John Ciniglia argued the lot is not within 500 feet of a residential zone and not in an overlay district. Opposition speakers Claudia Celestan, Frain Bias, and Lord Slandrum (ENONAC) cited visual clutter, property value loss, and safety concerns.

Discussion Items

BZA 105‑25 – Sign Variance for Bourbon Street Jazz Club (824 Baronne St)

Staff recommended denial of three variances (projection, sign area, first floor) under Article 24, citing failure to meet criteria 1–9. The applicant presented examples of non‑conforming signs, but staff found none comparable. VCC Deputy Director Renee Burgoyne stated the sign is prohibited by city code (Section 166‑9‑2) and the VCC would deny it. The board voted 6‑0 to uphold staff’s denial, finding that the nine criteria were not met.

BZA 023‑26 – Impervious Surface Variance (property address not specified)

Staff reported the applicant paved 90% of the front yard after sewer board repairs. The applicant proposed extending a planter to reduce impervious cover, but the waiver remained at 23%. Urban Conservancy could not assist due to lack of funding. The board deferred the item 30 days (5‑0) to allow the applicant to explore removal options.

BZA 030‑26 – Swimming Pool Variance (3301 South Saratoga St)

Staff recommended approval of variances for pool location in corner side yard, finding all criteria met. The board approved (6‑0) with two provisos (safety fence already installed).

BZA 031‑26 – Side Yard Setback & Driveway Variance (Restore Louisiana program)

Staff recommended denial for insufficient setback (2.2 ft) and driveway distance. The applicant explained the fixed floor plan cannot be modified without losing significant living space. The board deferred 30 days (5‑0) to explore alternative driveway designs.

BZA 032‑26 – Parking Variance for Two‑Family Dwelling (2022 Phillips St)

Staff recommended denial for insufficient off‑street parking (one space required, none provided). The lot is 38 ft wide; alternative designs may create other zoning issues. The board deferred 30 days (6‑0) for the applicant to work with staff on a compliant plan.

BZA 034‑26 – Steps Encroachment & Height Variance (4422 South Murrow St)

Staff found all criteria met except B1 (special privilege), but the board determined that even at minimum elevation, a variance would still be needed. Approved (6‑0) with one proviso, adopting commentary that the waiver does not confer special privilege.

BZA 035‑26 – Off‑Street Parking Variance (3100 Bank St)

Staff recommended denial, but the applicant argued hardship due to inability to lease ground‑floor commercial space for five years. Board approved (6‑0) with one proviso, finding all nine criteria satisfied.

BZA 029‑26 – Second Structure & Front Yard Parking (1614 Poland Ave)

Staff recommended denial for rear yard setback and front yard parking. Applicant requested additional 30‑day deferral to gather historic documentation. Deferred (6‑0).

BZA 036‑26 – Mechanical Equipment Setback Variance (property address not specified)

Staff recommended approval of a 1‑ft‑2‑inch waiver for roof‑mounted generator setback. Applicant noted the only alternative location would conflict with off‑street parking overlay. Approved (6‑0) with one proviso.

BZA 038‑26 – After‑the‑Fact Variance for AC Units (3316 Dauphine St)

Staff requested 30‑day deferral to confirm building permit issues. Despite opposition from neighbors citing safety, the board deferred (6‑0) per staff request.

Appeal BZA 110‑25 – Sidewalk Cafe at The Boot (1037‑1039 Broadway St)

The Department of Safety and Permits denied a sidewalk cafe permit because the bar is a legal non‑conforming use in a residential district (HURD2) and not in an RDO overlay. The applicant argued that outdoor seating has existed for decades and constitutes a non‑conforming use on the public sidewalk. The Department cited Louisiana Civil Code Article 450 and case law that public property cannot accrue zoning rights. After debate, a motion to overturn the decision failed on a split vote (3‑3? the record shows motion failed, no substitute motion, so the department’s decision stands).

Appeal BZA 013‑26 – Billboard Permit (10563 North Interstate 10 Service Rd)

The Department determined a billboard is prohibited because the property is within 500 feet of a residential district and in overlay districts. The applicant argued the lot does not front the service road and is separate from adjacent lots. The board upheld the department’s decision (6‑0), finding no error.

Key Outcomes

• Approvals:
  • BZA 030‑26 (swimming pool) – approved with provisos.
  • BZA 034‑26 (steps) – approved with proviso.
  • BZA 035‑26 (parking) – approved with proviso.
  • BZA 036‑26 (mechanical equipment) – approved with proviso.
• Denials:
  • BZA 105‑25 (sign) – denied.
  • Appeal 110‑25 (sidewalk cafe) – appeal denied (motion to overturn failed).
  • Appeal 013‑26 (billboard) – department decision upheld.
• Deferrals (30 days): BZA 023‑26, BZA 031‑26, BZA 032‑26, BZA 029‑26, BZA 038‑26, and BZA 062‑24 (appeal, motion deferred without further detail).
• Other: Three items were rendered moot or withdrawn (028‑26, 033‑26, 037‑26, 024‑26? Actually 024‑26 was deferred as well).