Let me get this started.

I'm calling to order this hearing.

This is a public hearing of the committee of the whole of the council of the District of Columbia.

I'm Phil Mendelssohn, chair of the council and chair of the committee of the whole.

Today is Tuesday, May 19th, 2026.

The time is 258 in the afternoon, and we are in room 500 of the council chambers of the Johnny Wilson building.

The subject of this afternoon's hearing is consideration of nominations.

The mayor is submitted to the council for appointments to the Board of Zoning Adjustment.

There were three resolutions that were introduced.

One of them, PR 26-666, my understanding has been withdrawn.

So what we have is PR 26-636, Board of Zoning Adjustment, Paul Goldstein, Board Confirmation Resolution of 2026, and PR 26-667, Board of Zoning Adjustment, Michelle Purseau, confirmation resolution of 2026.

The stated purpose of PR 25 26-636 is to confirm the appointment of Paul Goldstein to the Board of Zoning Adjustment, replacing Fred Hill for the remainder of an unexpired term ending September 30th, 2029.

And the stated purpose of PR 25-667 is to confirm the appointment of Michelle Perceau to the Board of Zoning Adjustment, replacing Carl Blake for the remainder of an unexpired term ending September 30th, 2028.

The Board of Zoning Adjustment is an independent quasi-judicial body with the ability to grant relief from the strict application of the district zoning regulations in the form of variances, to grant special exceptions where authorized under the zoning regulations, and to hear appeals from actions taken by the zoning administrator of the Department of Buildings.

The purpose of this hearing is to receive testimony from government and public witnesses as to the fitness of the nominees for appointment to the commission.

The record in this matter will be open for a little less than two weeks, that is to record, we'll close at 5 p.m.

on Monday, June 1st.

So it's a little less than two weeks from today.

Paul Rosenbaum.

Come forward to the table.

Kathy Rosenbaum.

Okay.

We don't see um Kathy Rosenbaum online.

Oh, I'm going to reset that.

She had an appointment to get you guys.

Maybe she's had the leave for that.

Okay.

But I told her that we were just starting, so she's aware that we're just starting now.

Okay.

So why don't you begin?

Okay, good afternoon.

Uh I'm Paul Rosenbaum and my wife Kathy and I are excited to participate in this meeting today to observe the process used to hopefully approve two new board members for the zoning variance board.

Uh, this will create a minimum quorum so that our hearing will take place on the delayed date of it was June 10th, as of my writing on Tuesday, but we just got placards that now say it's June 17th.

So since December 29th, 2025, we've had a stop work order on the renovation of our house at 6117 32nd place, where we have lived since 1982.

This will be a six-month delay for the renovation of our 1926 bungalow.

We're renovating the house for several reasons, but mainly because I promised my wife a new kitchen a couple of decades ago.

We're also redesigning it to allow us to enjoy aging in place because we love the many benefits of our neighborhood.

We also have in mind the desire to make it a multi-generational house where we can live with our son and his family when he gets married and has kids.

We currently work six blocks away from the house as a fitness instructor.

We're also converting the basement to an ADU so that we can offer affordable housing to anyone who wants to work in the neighborhood.

The renovated house will take advantage of all green and sustainable construction features available today.

And Michelle Porcio has extensive experience not only in the DC government, but also in Baltimore.

And hopefully we'll get things flowing again quickly.

You're free to negotiate wherever you want.

That's not the same as the government doing.

Well, we'll find some taxpayer money someplace.

We can we can use uh Trump's new slush fund.

Uh we look forward to working with the new zoning board members and the Department of Building team.

Sincerely, Paul and Kathy Rosenbaum.

Um thank you.

I don't have any questions for you.

Are you, although maybe I'm about to ask one?

Are you uh seeking a variance or a special exception?

Uh variance.

Because you know the test for a variance is a little bit tougher.

In fact, it's a lot tougher than for a special exception.

No, we're paying our lawyers to take advantage to make that get through.

Okay.

Well, that doesn't necessarily mean it will happen.

There has to be a um a hardship or a practical difficulty.

Um it can't just be something that's self-imposed, and um there has to be something unique about the property that gives rise to the hardship or the practical difficulty.

Well, the house was built in 1926, five feet from the property line, and our renovation is in the exact exact same location.

The original inspector approved the plans that our architect submitted, and then when they did a wall check, somebody decided that there's some document, a Z A uh ZIA 10 floating around that has a lot more detail to it that makes the uh the zoning change a question mark.

So that's what we're trying to do.

Sure.

So the fact that it's five feet from the property line might make it a non-conforming structure, and in addition to a non-conforming structure probably requires a variance.

Yes, that may be what it is.

Still, and I might be saying this for the benefit of the nominees, a variance is not just uh, well, it looks nice, it's not objectionable, we'll say yes.

It has to be that there's something unique about the properties that gives rise to a hardship or practical difficulty, which therefore warrants relief from the zoning regulations.

Well, the the main hardship is that they didn't give us that stop work order until we had the foundation and the framing up, so it would cost us about $300,000 to tear it down and move it three feet, which seems a bit ridiculous since the house has been there since 1926 on that line.

Thank you for your testimony.

Thank you for the time.

I'm still not here.

So I can't correct it.

So, I think she's just five.

So let's go to the two nominees, Paul Goldstein and Michelle Purceau.

Now, Ms.

Perso, I have not seen you in a million years, but you've sat at that table before.

Yes, I have.

I don't know about Mr.

Goldstein.

Well, if you say anything wrong, it's a trapdoor, and you'll just suddenly go to the first time.

But don't get nervous.

Yeah, and it's a lot of photos.

Who wants to go first?

I'll go first.

Okay.

Good afternoon, Chairman Mendelssohn.

Thank you for having me today.

My name is Michelle Pouchot, and I am a longtime D.C.

resident, residing in Ward 4 and a prior DC government employee.

In fact, for well over two decades, I was a proud public servant at the DC Department of Public Works and the DC Department of Transportation, ultimately ultimately serving as D.

Director.

I want to thank you for the opportunity to testify today before you, and I would also like to thank Mayor Bowser for nominating me for this appointment to the Board of Zoning Adjustment.

When I received the inquiry about my interest in serving on the Board of Zoning Adjustment, I responded, it has been my dream job.

I studied zoning during my urban planning graduate degree program at Howard University, and it was one of my favorite classes.

The educational experience at Howard University contained numerous real life and practical applications, and one of those was having a professor who served in a zoning capacity for the district government.

That experience made me interested in zoning as a job.

Although my career path led me to positions dominated by transportation and infrastructure, my planning and land use background remained a critical foundational element in successfully carrying out and completing my work.

In addition to obtaining a master's degree from Howard University, where I studied planning, I also studied planner and received a bachelor's degree from the University of Michigan.

My first professional job after receiving my master's was as a transportation planner for Fairfax County, Virginia.

I reviewed zoning applications for transportation implications and coordinated closely with the planning department, providing recommended mitigations and concerns.

My early work was similar to my previous job, but contained broader elements, including special projects, leading community coordination, and moving on to chair the DC Public Space Committee.

These assignments required knowledge of and proficiency in the DC zoning regulations, the DC municipal regulations, and other regulations, policies, laws, and requirements, and an understanding of community needs and interests.

I am proud to say that I was also the project manager of the 1997 Transportation Plan for the District of Columbia, a transportation vision strategy, and action plan for the nation's capital.

I worked closely with the DC Office of Planning to incorporate this transportation plan as the transportation element of the 2006 DC Comprehensive Plan.

It was a joy reading on the DC zoning website about the history of zoning and seeing the acknowledgement of the importance of this document in rewriting the zoning ordinance after more than 50 years.

When the Department of Transportation was created in 2000, I became deputy director and was later appointed director.

For over 20 years, I was immersed in the geography, residents, businesses, and the DC community.

I enjoyed my work immensely.

This work and my career provide a strong foundation for the work that I envision performing on the BZA.

I understand the importance of the BZA function as a resident, homeowner, and neighbor.

I know the desire to grow and improve personal property and public space and the concern for how these actions will impact me and others.

I have worked to build consensus and ensure the public is heard.

I will bring this understanding to my work on the BZA if I am allowed.

I am very excited about the opportunity to serve the district government during this time of transformation.

Change is constant, but in DC, we embrace our history along with the change and encourage new beginnings.

Being able to once again work as a part of this process will be my privilege.

Thank you for your consideration, and I'm happy to answer any questions.

Thank you, Ms.

Purseau.

Mr.

Colston.

Good afternoon, Chairman Mendelson, members of the committee.

My name is Paul Goldstein.

Thank you for your consideration of my nomination to serve on the Board of Zoning Adjustment.

I'm grateful to Mayor Muriel Bowser for nominating me and am honored to have this opportunity to serve the residents of the District of Columbia.

I appreciate being able to share my testimony and describe my qualifications for this position.

More than 20 years ago, as a young lawyer, I attended a community meeting in DuPont Circle.

The featured speaker that night was the former DC Office of Planning Director, Andy Altman.

I recall how he spoke of excitement about the anticipated Washington National Stadium and the critical role it could play in broader planning efforts.

He made city planning sound thrilling.

I was hooked.

I went back to school and received a Master of City Planning degree from the University of Pennsylvania, which added to my law degree from the University of Virginia, and returned to the district in 2007 to work in that same office of planning.

Since then, I've worked on zoning and planning issues from multiple perspectives, and I've built an expertise in the district's zoning code and processes.

I believe these experiences have prepared me to serve on the Board of Zoning Adjustment, which is a role that I've long wanted to perform as my career is continually intersected with this important board.

I worked for several years as a development review specialist for the DC Office of Planning, presenting agency recommendations to the BZA on special exception and variance requests, as well as testifying before the zoning commission.

I participated in the Office of Planning's multi-year comprehensive zoning rewrite, which was a transformative event in updating the city's previous 1958 zoning regulations.

I worked on text amendments, including comprehensively researching alleywats for proposed zoning updates.

From my time at the Office of Planning, I learned how to analyze applications for presentations to the BZA and zoning commission and deepened my knowledge of the zoning regulations.

I've worked for two non-consecutive terms for what was previously known as the Department of Consumer Regulatory Affairs and now the Department of Buildings, where I'm currently a program analyst in the Office of Zoning Administration.

In my current position, I've assisted in zoning interpretations, helped to establish a new wall check review platform, and worked with the Office of Planning to craft revisions to the zoning regulations, among other responsibilities.

I also lead affordable housing compliance reviews, ensuring that such requirements as inclusionary zoning, housing in downtown, and penthouse affordable housing payments, which are critical tools in responding to housing affordability pressures have been fulfilled.

Overall, my experiences afforded me a strong appreciation for the complexities of the implementation of zoning rules and BZA and zoning commission orders.

I've also worked for the Office of Attorney General in assignment to the Office of Zoning.

In that role, I provided legal advice to the BZA and zoning commission members.

I drafted orders documenting decisions.

The experience underscored to me the importance of creating a clear hearing record as well as an appreciation for the effort that is required to support the board operations.

In addition to my early career experiences working as an attorney in the public and private sector, I've also had some other zoning-related experience experiences.

These include serving as a development review supervisor for the city of Rockville and founding of a small family-owned development company, which has been effectively dormant for the last few years, that was solely focused on constructing single-family homes for sale in Delaware.

This latter role gave me an introduction to and appreciation for the developer experience.

I'm excited to bring my depth of zoning knowledge and skill set to advance the BZA's mission.

I value the BZA's important role in the broader DC zoning ecosystem.

The BZA provides a critical path for home homeowners, developers, businesses to make their case, subject to the special exception and variance tests that a proposal should be granted relief from the zoning regulations is a place for agency and community members express their opinions on projects.

It's not a policy board.

Rather, the nearly 900 pages long zoning code, thoughtfully developed and refined over the years, and of which I'm deeply acquainted, provides agreed upon rules for how our city develops, while legal standards provide the analytical framework for any exceptions.

In regards to the following opportunity to the current opportunity, I'll make the following commitments.

If I'm granted the honor of being confirmed for the BZA, I leave my current position in DC government, a decision that I've made after careful consideration with my family to allow my participation in this opportunity that I value, and I intend to fulfill the entire length of my term.

Additionally, during my tenure in DC government, I've worked or interacted with many excellent hardworking public servants and industry professionals who are active in the field.

I commit that review, I will review every application without bias or favoritism.

I'll also be mindful of any potential conflicts as I transition from a Department of Buildings employee to a board member.

I'll review applications thoughtfully, thoroughly and independently, and work to advance hearing efficiency and consistency.

Given my understanding of what is expected of the role of the role and applying my understanding of zoning rules in DC and legal training, I'm ready and excited to hit the ground running.

Thank you, Chairman Mendelson, for the opportunity to testify before this committee.

Be happy to respond to any questions from you or members of the committee more generally.

Thank you.

I do have a few questions.

At confirmation hearings, I always ask three questions.

The first is, do you have a sense of how much time is required to serve on the board?

And are you able to participate fully?

Sure.

Happy to answer that first.

Yes, I do have a good sense of how much time is involved, and I will be able to fully participate and commit the necessary time.

Ms.

Perso?

Yes, I do have a sense as well, and I do have the time and uh will commit the time to carrying out this function.

The second, and you may have addressed this in your pre-hearing questions.

Are you up to date with any tax and liabilities to the district or federal government?

Yes.

Yes.

And third question, conflict of interest.

Um, Ms.

Purseau, do you perceive the possibility of any conflict of interest?

I do not, but I'll be keen to watching if one should occur and will make sure that I recuse myself should there be any uh concern at all.

And Mr.

Colsteen, you mentioned there might be, you touched on this.

I generally do not expect to have any conflicts of interest.

I'll certainly scrutinize the uh case record uh before us and seek any advice as needed and uh recuse myself as necessary.

Uh there uh, although I had little involvement in uh zoning administrator appeal cases, there is one that I uh will potentially need to investigate and receive some advice on.

Other than that, um I'm not aware of any potential conflicts.

And your approach, and I think I heard this from you, Miss Perso, would be that if you there might be you would disclose it and then if necessary, recuse yourself.

Correct.

That is correct as well.

Uh so the board is in an interesting place right now.

Um they do not have enough members for a quorum.

With assuming the confirmation of each of you, I think the board will have three members, the two of you plus a rotating member, and you guys will be brand new.

Um, so it could be that it's gonna be especially, and and I think the board has not met in several months, so it's going to probably be especially burdensome for the next few months.

The staff has been incredible, preparing me for this, providing uh background information, uh getting us scheduled for a startup, I think next week.

Uh so uh they have told us that there's going to be a lot of work and have begun to uh prep us for it.

So I've started doing some reading and and um trying to learn and refresh myself on uh the background.

Haven't looked at any cases yet though.

Mr.

Goldstein?

Uh yes, uh similarly, the staff has reached out, they're a terrific resource.

Um I have a lot of experience in reviewing DZA cases, so I expect to be able to jump in fully and try to get up to speed quickly.

Um, I'm a little struck.

Uh I think this was more your testimony, Miss Purseau.

You used words like dream job, favorite class, joy.

I think Joy was in there once.

Joy wasn't in there, but you felt the joy emanating from me, I believe.

You did say it was a joy reading on the DC zoning website.

Okay, yes, okay, that was joyful.

Um why so as a student in grad school, um, I think his name was Professor Lewis.

I tried to look him up, but I couldn't, you know, the internet isn't everything it should be.

But he was one of my favorite professors, and he was on the zoning commission.

And we did a mock zoning, you know, trials are part of um the that experience, and I really enjoyed it.

So I envisioned myself working in a capacity involving zoning.

Uh when I graduated, it was recession.

It took me a while to find a job, and the job I found was as a transportation planner.

And I actually did work in a related, you know, way with zoning.

So I still remember that time and um how pleasant it was.

And I look forward to uh using the skills I've gained over the years working in a similar capacity, but uh growing my knowledge in this way and helping DC grow um and prosper.

Uh so and Mr.

Goldstein, you um I don't think you were quite as joyful in your testimony, but um you've clearly had some experience because you've been with the zoning administrator's office.

I think you said in your statement you would uh resign from that position.

Uh that is correct, and I'm feeling joy, but maybe it didn't express itself as well.

I don't have to, but um, but do you you like this area of what do I say public service?

I feel very passionate about this this role.

It's an important board for the city, and I'm really honored that the uh mayor nominated me for it.

Let me see if I have any other questions for you, uh either of you.

I will just toss this out, and that is that, and I kind of maybe touched on it earlier.

Um when Mr.

Rosenbaum was testifying.

I sometimes feel like the board kind of invites more work for itself than it needs because it is um a bit more generous than it needs to be with regard to um variances.

So the the law is such that a special exception is where the zoning commission has said uh, you know, this is what our limit, what the limits are in a zone district, but we'll allow some exceptions under the final following criteria, and that's kind of simple enough.

It's consistent with zoning as long as those criteria are met.

But the variance is supposed to be a relief valve from the takings clause, and the um, if you look at uh BCA decisions from several decades ago, you'll see that they would deny cases because they just didn't meet the hardship or practical difficulty criteria.

Um, I think sometimes the board is more like uh, well, it seems like it's harmless, so we'll say yes.

And I think that in turn just invites more work for the board.

I'm not sure I'm ending with a question here, but just kind of pointing that out.

Um, I'm especially mindful of it when it comes to budget time because that's when we have performance oversight hearing and then a budget hearing, and then we discuss what the backlog is of cases and how the BZA has to meet several times a month instead of once a month, and some of that's because maybe there are more cases than there need to be.

Just a thought.

Give me a second here.

Uh anything else either of you want to add, Ms.

Purcell?

And you're still prepared for this after this hearing.

This is actually probably one of the gentler hearings you've had.

I'm even more prepared now.

Thank you for sharing.

Thank you, Mr.

Golstein.

Uh no further questions.

Thank you.

Okay, I am going to um conclude this hearing.

This has been a hearing on two nominations.

The mayor submitted for appointment to the Board of Zoning Adjustment.

As I indicated at the beginning, the record in this matter will close at 5 p.m.

on Monday, June 1st for anybody who wishes to submit uh comments, testimony, or supplement any comments or testimony.

The time is 3 27 p.m.

and this hearing is adjourned.