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BZA dismisses six‑month time‑extension request for First Street art-gallery order, says rule does not authorize extension
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Summary
The Board dismissed a request for a six‑month extension of a prior order in application 21160 (an art gallery with prepared food and retail uses), concluding Subtitle Y authorizes extensions only for orders tied to structural work and not for six‑month orders under Subtitle Y §702.2.
The District of Columbia Board of Zoning Adjustment dismissed a request for a six‑month extension of the validity of its order in application 21160, which approved an art gallery with prepared food shop and retail use on the first floor of an existing three‑story building in the RA‑2 zone.
Chair Fred Hill and other members said the board lacks authority under the Zoning Regulations to grant the requested extension. Vice Chair Carl Blake provided a statutory explanation on the record: Subtitle Y §705.2 authorizes extensions for orders where the time period is set by Subtitle Y §702.1 (orders dependent on erection or alteration of a structure and valid for two years), but orders subject to Subtitle Y §702.2 — those not dependent on erection or alteration of a structure — have a six‑month validity and are not extendable by the board.
Hill said he was “disappointed” but agreed the rules limit the board's ability to grant the extension. Board members said applicants will need to refile the case as a new special‑exception application if they want to proceed.
The board moved to dismiss the time‑extension request for application 21160a; Vice Chair Blake seconded. Roll call recorded 4‑0‑1 to dismiss the request. Staff recorded the vote as 4‑0‑1 to dismiss.
The application at issue was captioned as a request under Subtitle Y §705.2 for a six‑month extension of an order issued October 15, 2024. The board’s dismissal was procedural — it did not address merits of the underlying approved use — and reflects the distinctions in Subtitle Y between 702.1 and 702.2 time limits.
(Decision: motion to dismiss time‑extension request in application 21160a; mover: Chairman Fred Hill; second: Vice Chair Carl Blake; outcome: dismissed, vote recorded 4‑0‑1.)
