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BZA approves area variance to add two cellar units at 1631 A St. SE after closed emergency meeting with counsel
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Summary
The Board of Zoning Adjustment approved application 21303 on Oct. 22, 2025, allowing two additional dwelling units in the cellar of an existing four-unit apartment house after finding an exceptional condition and practical difficulty. The board recessed to hold a closed emergency meeting with legal counsel under the D.C. Administrative Procedure
The District of Columbia Board of Zoning Adjustment voted on Oct. 22 to approve application 21303, a request to add two dwelling units in the cellar of an existing four-unit apartment building at 1631 A Street SE.
The applicant, represented by Alex Wilson of Sullivan & Barros, asked the board for an area variance from Subtitle U §301.5(b) (land area per unit) and a special exception for parking requirements. OP (Sugar Beeman) recommended approval, noting the building is a purpose‑built apartment house constructed before the 1958 zoning regulations and that the proposed interior changes do not alter the building’s bulk or footprint.
Why it matters: The board’s approval legalizes use of otherwise vacant cellar space for housing in a transit-rich location. Board members said the case presented an "exceptional condition"—a pre‑1958 apartment house with unusable cellar space created by modernization—and that converting the cellar addresses security and maintenance issues rather than causing substantial impairment to the zoning regulations.
Board discussion and legal procedure - Practical difficulty and exceptional condition: The applicant argued that the building was built and modernized before the 1958 regulations, creating interior conditions (vacant cellar space and load-bearing walls) that make alternative compliance (for example, reconfiguring or combining units) impractical without substantial cost and tenant disruption. Alex Wilson told the board the two proposed cellar units are about 600 and 700 square feet each (approximate).
- Office of Planning: OP’s testimony and supplemental memo to the board stated that deviation from the 900‑square‑foot rule does not automatically impair the intent of the RF‑1 zone and that the proposal would not expand the building footprint or change its bulk. OP reiterated the site’s transit proximity and the fact that nearby apartment buildings use cellar space.
- Closed emergency meeting: Before final deliberations, Chairman Fred Hill moved, under the District of Columbia Administrative Procedure Act, to recess for a closed emergency meeting for the board to consult legal counsel. The board recessed and then returned to complete deliberations.
Vote and direction The board approved the application by roll call: motion made by Chairman Hill, seconded by Vice Chair Carl Blake; staff recorded the vote as 3–0–2. Members said they gave great weight to OP’s analysis and the supporting ANC report and found that granting the variance would not substantially impair the intent of the zoning regulations.
Next steps: The applicant will proceed with permitting steps with the Department of Buildings to legalize the units and obtain an updated certificate of occupancy. Board staff will issue the order consistent with the board’s decision.
