Board hears sharp opposition to after‑the‑fact deck at 1151 Abbey Pl NE; board leaves record open

June 11, 2025 — The Board of Zoning Adjustments heard a contested appeal over an after‑the‑fact rear deck at 1151 Abbey Place NE that neighbors and the ANC said should be removed.

The applicants’ authorized agent, Chris Martinez, told the board the property owners did not intend to avoid compliance and said the deck provides the primary residence with usable outdoor space. “Without this relief, current owners will not have any functional outdoor space needed,” Martinez said.

ANC 6C and its counsel argued the relief fails the variance test because the lot’s dimensions are not exceptional — they match dozens of identical lots on the square created in 1924 — and the applicants had notice of the problem before closing the sale. Mark Eckenweiler, vice‑chair of ANC 6C, summarized the ANC’s position: “There is no exceptional condition here,” and urged the board to deny both the lot‑occupancy variance and the rear‑yard special exception.

Office of Planning staff recommended approval of the rear‑yard special exception and the lot‑occupancy variance, subject to the record and the clarified measurements OP received from DOB. OP found similar decks on nearby properties and concluded the deck does not materially alter the scale or shadowing on adjacent lots.

Neighbors and ANC witnesses pressed privacy and procedural concerns. Resident Shad Gaughan, who lives nearby, told the board he photographed the property earlier this year and said there was no deck before renovation; the board asked for that photograph to be submitted into the record. ANC counsel and neighbors noted two posted stop‑work orders at the site prior to closing and argued the owners proceeded with the purchase despite those notices.

The board did not take a final vote. Chairman Fred Hill closed testimony and left the record open to accept a photograph and to allow the ANC to respond to a late filing the applicant submitted (Exhibit 51). The board scheduled the matter for further consideration and a decision at a subsequent session (June 18), and directed parties to file any limited supplemental materials identified during the hearing.

The central issues for the board will be whether the applicants can show an exceptional situation affecting only this lot and whether they have demonstrated practical difficulty that justifies the extent of the variance (the applicant’s filings asserted lot‑occupancy near 90 percent). Neighbors and ANC counsel maintained that stairs to the rear yard are a reasonable, matter‑of‑right alternative and that privacy impacts for adjoining yards are significant.