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BZA approves subdivision variances for 1306 Gerard St. NE but denies side‑yard variance for one lot
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Summary
The board granted most area variances to allow two new record lots at 1306 Gerard Street NE but denied the requested side‑yard variance for Lot B, directing the applicants to reconfigure to meet that setback requirement.
The Board of Zoning Adjustment on July 30 approved area variances permitting the subdivision of 1306 Gerard Street NE into two new record lots while denying one requested side‑yard variance for the newly created Lot B. The board’s action clears most zoning obstacles to the proposed split but requires the applicant to reconfigure Lot B to meet side‑yard requirements.
Applicants Justin Riordan and Zach Bach sought multiple variances to allow new record lots with narrower widths and reduced side yards in the R‑1B zone. Office of Planning supported most of the relief but recommended denial of the proposed side‑yard relief for the new Lot 9 (Lot B). The applicants argued the lots fit neighborhood scale and that many adjacent lots are similar in width; Bach said proposed lots would be about 38 feet wide and comparable to nearby houses.
Board members evaluated the application under the area‑variance standards. Members accepted variances for lot width (Subtitle D §202.1), creation of record lots narrower than 50 feet (Subtitle C §302.1) and accessory‑structure area (Subtitle D §5003.1) for one or both new lots, finding practical difficulties given existing conditions in the block. However, the board agreed with OP that the applicant had not demonstrated an extraordinary or exceptional condition for the proposed Lot B that would justify a side‑yard variance (Subtitle D §208.2). Board member Vershawn Smith and Vice Chair Carl Blake both said the applicant could redesign a conforming plan rather than rely on the side‑yard variance; Smith said the applicant is “creating record lots here” and that much of the application reflected design preferences rather than a unique lot condition.
The board’s motion approved the area variances listed in the motion and explicitly denied the side‑yard variance for Lot B. The roll call recorded the motion as passing unanimously among present members (4–0–1 recorded as 4 yes): Chairman Fred Hill — yes; Vice Chair Carl Blake — yes; Board member Vershawn Smith — yes; Commissioner Tammy Stidham — yes. The board directed staff to prepare the order specifying the relief granted and denied.
