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D.C. zoning board approves retroactive two‑story rear addition with landing after applicant submits updated plans
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Summary
The Board of Zoning Adjustment approved a two‑story rear addition at 5152 First Street NE, granting relief for a rear wall extension beyond an adjacent building and requiring that the project be built exactly as shown in updated Exhibit 33, including the landing and steps.
The Board of Zoning Adjustment voted 4–0–1 on July 23 to approve application 21316, allowing a two‑story rear addition to a row dwelling at 5152 First Street NE that extends beyond the adjacent building’s rear wall. The approval included a directive that the project must be built according to the updated plans in Exhibit 33; the board emphasized it would hold the applicant to those drawings.
Why it matters: The application was self‑certified and heard after the board requested clarified architectural drawings for a proposed landing and steps. Commissioners said those updated plans were essential because earlier drawings and representations had varied; the board signaled that it would deny retroactive deviations from the approved plan.
The applicant’s attorney, Anthony Rochelle, introduced the case and acknowledged the applicant had filed revised drawings (Exhibit 33) showing a minimal landing and steps. Commissioner Gwen Wright told the board she appreciated receiving the updated drawings and had no problem with the landing as presented. Vice Chair Carl Blake said the applicant’s prior filings had included inconsistent details — earlier paperwork showed a protective railing, but subsequent site work differed — and he stressed the board expects applicants to build according to approved plans.
The Office of Planning recommended approval, noting shadow studies and outreach; the ANC also supported the application. Chair Fred Hill said he was uncomfortable that the case had become retroactive but concluded that the applicant met the criteria for approval based on the record, OP’s recommendation and the ANC’s support.
Formal action: Chairman Hill moved to approve application 21316 as captioned and to include an order reference that the project must be built per the plans, specifically the landings in Exhibit 33; Vice Chair Blake seconded. Roll call recorded yes votes from Hill, Blake, Smith and Wright; staff recorded the vote as 4–0–1 to approve.
Board direction and follow‑up: Commissioners repeatedly cautioned the applicant that if the finished work differs from Exhibit 33, the board will expect the applicant to return for relief or to remove nonconforming elements. The board asked the zoning administrator and staff to reference Exhibit 33 in the order to ensure enforceability.
