BZA pauses penthouse/roofline case for DOB clarification, asks applicant for consolidated plans

The Board of Zoning Adjustment on April 9 paused public proceedings in application 21226 (Alexander Benens LLC) and entered an emergency closed meeting with legal counsel to discuss issues that arose over requested rooftop/penthouse relief and how the application had been documented.

Applicant Jaren Alexander Benens told the board he had revised plans that, he said, removed a rooftop pop-up and increased a penthouse setback to meet Department of Buildings (DOB) guidance. He said his revisions cut the number of exceptions requested from six to four by addressing the rooftop height and setback issues; he requested that the board treat the updated plans as the operative application.

After a short deliberation with counsel, the board returned to the public hearing and asked the applicant to provide a formal self-certification (or a revised memorandum from the zoning administrator/DOB or a licensed D.C. architect/attorney certification) that documents which specific relief is now required with the revised plans. The board also asked for a consolidated exhibit that clearly identifies the single set of plans the applicant intends the board to review. Philip Bradford and later Philip Bradford (Office of Planning) confirmed staff had reviewed the revised plans and an email from DOB indicating the rooftop relief was no longer required; OP prepared a supplemental memorandum based on those materials. OP said it could supply revised recommended language and the applicant agreed to consolidate the plan set.

Board members and counsel urged the applicant to secure a revised ZA/DOB memo or self-certification before the board would render a decision. The board scheduled a continued hearing and directed the applicant to provide the consolidated exhibit and any revised certification; ANC comment was preserved and the case was placed on a later docket for reconsideration once the record is consolidated.