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D.C. Board of Zoning Adjustment approves four zoning requests, schedules weekly closed meetings

2164499 · January 27, 2025
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Summary

At its Jan. 29, 2025 meeting, the District of Columbia Board of Zoning Adjustment approved four applications — including a modification, a two-year time extension and two special-exception requests — and voted to hold regular closed meetings for counsel and deliberations before public hearings.

The District of Columbia Board of Zoning Adjustment on Jan. 29, 2025 approved four zoning applications and voted to hold weekly closed meetings for legal advice and deliberation ahead of public meetings.

The actions affect five agenda items: a modification without hearing for a rear-yard accessory structure addition (application 20949A), a two-year time-extension for a conversion project with a penthouse eating-and-drinking establishment (application 20819A), two special-exception requests for rear and upper-story additions at row houses (applications 21214 and 21219), and a procedural motion to schedule closed meetings in 2025. All votes were recorded 4–0–1, with Vice Chair John not participating.

The board approved application 20949A, a request to modify plans approved in application 20949 to add a second-story addition to a previously approved one‑story accessory structure at 57 W Street NW in the RF‑1 zone. Chairman Fred Hill said he reviewed the record and conferred with the Office of Zoning legal staff and was "comfortable moving forward in approving this application." The board voted to approve the modification on a motion by Chairman Fred Hill, seconded by Carl Blake; staff recorded the vote as 4–0–1.

The board granted a two‑year time extension for application 20819A, filed by TDC Acquisitions LLC, extending the validity of the order for a conversion project with a penthouse eating-and-drinking establishment at 1133 19th Street NW to Dec. 19, 2026. Chairman Hill cited the Office of Planning report and the applicant's argument that economic and market conditions affecting office-to-residential conversions were "beyond their reasonable control," including interest-rate and financial-market conditions. The motion to approve the extension was made by Chairman Hill and seconded by Carl Blake; staff recorded the vote as 4–0–1.

In the hearing session, the board approved application 21214, a special exception under Subtitle E §207.5 to allow a one‑story rear addition at 1702 Lyman Place NE in RF‑1. Applicant Elizabeth Selle and contractor Renato (Leonardo) Lobo spoke briefly; Philip Bradford of the Office of Planning said "the Office of Planning recommends approval of the requested special exception relief and finds that the request meets the criteria of Subtitles E and X." Chairman Hill noted the ANC for the area had submitted a letter in favor and said he saw "no concerning" impacts to light, air or privacy. The motion to approve was made by Chairman Hill and seconded by Carl Blake; staff recorded the vote as 4–0–1.

The board also approved application 21219, a self‑certified special-exception request to vary lot‑occupancy rules for a third‑story addition and three‑story rear addition at 717 5th Street NE so the property could be used as a two‑unit flat. Jennifer Fowler of Fowler Architects explained the project would increase lot occupancy from 67% to 70% — a 3% change equal to 61.9 square feet — and said the carriage house on the lot is 592 square feet. Shepherd Human of the Office of Planning recommended approval. Chairman Hill described the change as "very de minimis" and the board voted to approve on a motion by Chairman Hill, seconded by Carl Blake; staff recorded the vote as 4–0–1.

Finally, Chairman Fred Hill moved that the board hold closed meetings at 2 p.m. on Mondays (or Tuesdays when Monday is a government holiday) prior to public meetings scheduled for Wednesdays in 2025, to receive legal advice and deliberate on contested cases. The motion stated closed meetings would be held virtually by Webex and would be electronically recorded pursuant to D.C. law. The motion was seconded by Carl Blake and approved 4–0–1.

Votes at a glance

• Application 20949A (57 W Street NW): Motion to approve modification without hearing; mover: Chairman Fred Hill; second: Carl Blake; recorded vote: 4 yes, 0 no, 0 abstain, 1 not participating; outcome: approved.

• Application 20819A (1133 19th Street NW): Motion to approve two‑year time extension through Dec. 19, 2026; mover: Chairman Fred Hill; second: Carl Blake; recorded vote: 4 yes, 0 no, 0 abstain, 1 not participating; outcome: approved.

• Application 21214 (1702 Lyman Place NE): Motion to approve special exception for one‑story rear addition; mover: Chairman Fred Hill; second: Carl Blake; recorded vote: 4 yes, 0 no, 0 abstain, 1 not participating; outcome: approved.

• Application 21219 (717 5th Street NE): Motion to approve special exception to increase lot occupancy to 70% for a two‑unit flat; mover: Chairman Fred Hill; second: Carl Blake; recorded vote: 4 yes, 0 no, 0 abstain, 1 not participating; outcome: approved.

• Motion to schedule weekly closed meetings (2025): Motion to hold closed meetings virtually at 2 p.m. on Mondays (or Tuesdays when Monday is a government holiday) prior to Wednesday public meetings; mover: Chairman Fred Hill; second: Carl Blake; recorded vote: 4 yes, 0 no, 0 abstain, 1 not participating; outcome: approved.

What this means

The board's approvals allow the applicants to proceed under the conditions and timelines reflected in their orders. The time‑extension approval for 20819A formally extends the order's validity through Dec. 19, 2026. The board's scheduling of closed meetings formalizes a recurring internal process to receive legal advice and deliberate on contested cases before public sessions.

The board did not accept additional public testimony for these items at the meeting, and no contested vote outcomes or dissenting votes were recorded in the public roll calls.