BZA denies appeal over detached accessory dwelling at 3021 15th Street NE

The District of Columbia Board of Zoning Adjustment on April 23 denied an appeal by neighbors challenging the Zoning Administrator’s approval of a building permit authorizing a two‑story detached accessory structure with an accessory dwelling unit at 3021 15th Street NE.

The appeal, captioned Appeal No. 21231, was brought by Courtney Bollin and William Gabler and argued that the accessory building was a “detached building” subject to Subtitle D §208.2 side‑yard requirements and that the Zoning Administrator erred in reading the code. Chairman Fred Hill presided; Vice Chair Carl Blake and board members Kershaw Smith and Gwen Wright participated.

The board majority concluded the permit complied with the zoning rules governing accessory buildings. Vice Chair Carl Blake, leading the board’s discussion, said the accessory‑building standards are governed by Subtitle D, chapter 50, not by the chapter 2 principal‑building rules, and that the proposed structure met the matter‑of‑right standards for an accessory building and for an accessory dwelling unit under Subtitle U. Blake said he found testimony by Deputy Zoning Administrator Vitale “instructive and persuasive” and that the appellant had not met the burden of proof to show an error by the Zoning Administrator. He said, “I will be voting, to deny the appeal.”

Commissioner Kershaw Smith concurred, saying he agreed with Vice Chair Blake’s analysis. Commissioner Gwen Wright dissented, saying she believed the plain reading of the zoning text could be read to require side‑yard setbacks for a detached accessory building and that the issue warranted a zoning text amendment to clarify the rule. Wright said, “I will actually be voting to support the appeal,” and described her vote as intended to prompt a text amendment to resolve an ambiguity.

Chairman Hill moved to deny the appeal; Vice Chair Blake seconded. On roll call the board recorded votes in favor by Chairman Hill, Vice Chair Blake and Mr. Smith and opposition from Commissioner Wright; staff recorded the board’s decision as a denial of the appeal.

Why it matters: The decision upholds the Zoning Administrator’s interpretation that accessory buildings in R‑1B are governed by the accessory‑building provisions (Subtitle D, Chapter 50) and may include a matter‑of‑right accessory dwelling unit if they meet Subtitle U requirements. Commissioner Wright signaled the board’s decision could prompt rulemaking by the Zoning Commission to clarify whether detached accessory buildings must meet typical detached‑building side‑yard rules in all cases.

The record: The board’s discussion reviewed Subtitle B definitions (building, principal building, accessory building, detached building), Subtitle D §5000 series rules for accessory buildings, and Subtitle U requirements for accessory dwelling units. The affected Advisory Neighborhood Commission, ANC 5B, submitted a written report in support of the appeal calling for enforcement of the zoning regulations as written; the board considered that submission in its deliberations.

The board closed the matter after the vote. No further action on this case was scheduled at the April 23 session.