New Orleans Board of Zoning Adjustments Meeting - June 15, 2026

The Board of Zoning Adjustments met on Monday, June 15, 2026, to consider several variance requests and an appeal. Commissioners Candace Forrest (Chair), James, Ramey Diaz, and Jason Richards were present; Jose Alvarez and Alfonso Gonzalez were absent. The board adopted the minutes from the May 18, 2026 meeting by a unanimous roll-call vote.

Consent Calendar

• Adoption of minutes from May 18, 2026 was approved unanimously.

Public Comments & Testimony

• Docket 038-26 (1309 Harmony Street): Harvard Palm of New York, NY spoke in opposition, citing safety concerns that the proposed condenser placement would block egress and impede emergency personnel.
• Docket 048-26 (Lot subdivision): The applicant's representative, Christie Agavez, and property owner Christine Harvey, spoke in support, describing existing fence lines, a pool, and neighbor issues. They submitted documentation on past incidents with a neighbor.

Discussion Items

Unfinished Business – Variances

• Docket 038-26 (1309 Harmony Street): Request for variances from Article 21 sections requiring 2-foot setbacks for mechanical equipment. Staff recommended denial, noting failure to meet six of the nine criteria. The applicant (unidentified) argued the units are already installed and that the neighbor had full access via an alley. Board members expressed concern over life safety and lack of response from the mechanical division. The property is located in a historic district, limiting roof-mount options.
• Docket 047-26 (Lot subdivision): Request to subdivide a lot with two primary structures, creating two deficient lots. Staff recommended approval with one proviso (subdivision process). Applicant Edward Washington had no additional comments. No public opposition.
• Docket 048-26 (Lot subdivision with pool): Variance to create a lot with insufficient depth and rear yard setback to align with an existing pool and fence. Staff recommended denial. Discussion focused on survey accuracy, pool setbacks, and the possibility of moving the fence line. Board requested an updated survey to confirm dimensions. Applicant agreed to provide one.
• Docket 043-26 (Mechanical equipment): After-the-fact variance for wall-mounted AC units encroaching into required setbacks. No survey had been provided despite a prior 30-day deferral. Staff again requested a 30-day deferral.

Appeals – Safety and Permits

• Docket 110-25 (The Boot): Appeal of the Department of Safety and Permits’ denial of a sidewalk café permit for a legal nonconforming bar at 8300 Oak Street. The department argued the bar is in a residential district outside an RDO overlay, making the permit ineligible. The applicant (through counsel) argued that liberative prescription (30 years) established the sidewalk seating as a legal nonconforming use, citing Bosier City Police Jury v. Hicks. The applicant had also submitted a separate nonconforming use determination application on May 20, 2026. Board members debated procedural appropriateness and whether to defer pending the department’s review of that application.

New Business – Variances

• Docket 049-26: The applicant requested a 30-day deferral.

Key Outcomes

• Docket 038-26 (1309 Harmony): Motion to deny (Richards, second Diaz) passed unanimously (4-0).
• Docket 047-26 (Lot subdivision): Motion to approve with one proviso (Jane, second Richards) passed unanimously (4-0).
• Docket 048-26 (Lot subdivision with pool): Motion to defer 30 days (Jane, second Diaz) passed unanimously (4-0).
• Docket 043-26 (Mechanical equipment): Motion to defer 30 days (Jane, second Richards) passed unanimously (4-0).
• Docket 110-25 (The Boot appeal): Motion to defer 30 days (Jane, second Diaz) passed unanimously (4-0).
• Docket 049-26: Motion to defer 30 days at applicant’s request (Jane, second Richards) passed unanimously (4-0).
• The meeting recessed at approximately 1:00 p.m. and reconvened at 2:00 p.m. as previously noted.
• The board adjourned the meeting by a unanimous vote.