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BZA approves 29‑unit consolidation on Fortieth Place; waives parking requirement after outreach

5408269 · July 17, 2025

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Summary

The Board approved a plan to consolidate four semi‑detached apartment houses into one 29‑unit building in the RA‑1 zone, granting a special exception for additional units and a waiver from vehicle‑parking requirements because rear alley access and curb cut construction were infeasible.

The District of Columbia Board of Zoning Adjustment approved application 21312 on July 16, allowing District Line Development LLC to consolidate four existing semi‑detached apartment houses at 2200–2212 Fortieth Place NW into a single three‑story building with 29 dwelling units, including three three‑bedroom Inclusionary Zoning (IZ) units.

Zach Williams, counsel for the applicant, said the project will add 13 units to four existing four‑unit buildings for a total of 29 units and will use an IZ FAR bonus. He told the board that the site has no practical alley access and that the city’s Department of Transportation would not permit piecemeal alley improvements or curb cuts. Williams called out multiple impediments: an unimproved paper alley, a steep grade where a curb cut would be needed and a 36‑inch heritage tree in the alley. “We do not have access at the rear of the property… DDOT is not willing to do that,” Williams said.

Because the project is an addition to existing buildings, the applicant’s required parking obligation was limited to the parking associated with the new floor area; zoning staff and the Zoning Administrator confirmed the requirement equals three spaces. The applicant said it cannot provide those spaces because alley access and curb‑cut work would require building an improved alley throughout the block, removal of a heritage tree, and extensive grading. The project team proposed a trash enclosure in the unimproved alley and a paved connection to a planned ADA ramp to W Street so private trash collection need not drag receptacles across grass.

Board members, the Office of Planning and ANC 3B reviewed shadow studies and outreach materials. OP recommended approval; Michael Jurkovich told the board, “OP recommends approval of the applicant’s requested areas relief.” Several board members pressed the applicant to provide a hard surface path from the trash enclosure to the W Street sidewalk; the applicant agreed during the hearing to add a paved connection and to include a welcome packet for new tenants explaining transit options and bike access. Zach Williams later confirmed the applicant would provide the welcome packet: “we're happy to do the welcome packet.”

At the close of deliberation the board approved the special exceptions and the parking relief by roll call. The secretary recorded the vote as 4–0–1 for application 21312. The board requested the revised site plan showing the ramp and pathway be included in the record (the applicant entered revised plans into the record as Exhibit 24). The BZA noted the applicant’s outreach and ANC support in the record; the applicant agreed to the nonbinding welcome‑packet commitment and to the revised site plans that connect the trash enclosure to the W Street ramp.