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BZA delays decision on Brothers Place addition, asks applicant for drawings to show eave setbacks
Summary
The Board of Zoning Adjustment postponed a decision on application 21239 (3220 Brothers Place SE) to April 2 and asked the applicant to submit drawings showing how roof eaves overhanging the property line could be trimmed or redesigned. The board left the record open on a limited scope so the ANC and applicant can file focused responses.
The Board of Zoning Adjustment voted March 12 to postpone its decision on application 21239 — a proposed two‑story rear addition at 3220 Brothers Place SE — and scheduled the case for decision on April 2, 2025.
Board members said they wanted one focused item in the record before deciding: clearer drawings showing whether the addition’s eaves or roof overhang cross the property line and, if so, options to pull those eaves back so the addition would comply with a zero‑setback approval or a revised plan.
What the board asked for: Chairman Fred Hill and other members said they would accept a limited scope of new filings — specifically, architecture drawings or diagrams that show the eave/overhang relationship to the adjacent lot line and any possible revisions (for example, pulling eaves back, changing to a flat roof or rerouting drains). Chairman Hill told the applicant, “If we get that information on the 20 first, then the ANC could also respond to that by the 20 eighth.”
Why it matters: The parties have been litigating the project for some time including a stop‑work order dating to August 2024; neighbors and the ANC raised privacy, scale and encroachment concerns at prior hearings. Board members said the additional drawings will help ensure any final order precisely describes what relief the board is granting (for example, a 0‑setback with no eave encroachment).
Scope and schedule
- The board asked staff to contact the applicant and request plans clarifying the eave condition and proposed remedies. Board member Kershaw Smith said the applicant could satisfy the board either by showing drawings or by accepting a condition that no part of the new work — including eaves — will extend beyond the permitted setback.
- The board agreed a limited record was sufficient: only submissions from the applicant and ANC (and responses to those submissions) would be accepted for the limited reopening. Members stressed they did not want to reopen a full rehearing and were trying to avoid relitigation of prior testimony.
Ending: The board set a decision date for April 2, 2025. If the applicant provides the requested drawings and the ANC files a response as directed, the board indicated that it could decide the case at that session; otherwise the board said it could either continue the hearing or require additional filings.
