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BZA grants party status to neighbor in Prospect Street minor‑lot proposal; applicant to clarify legal basis for relief
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Summary
The board granted party status in opposition to Joanna Perkowska for application 2136O (a new detached house on a small Prospect Street lot). The applicant was asked to clarify by Nov. 5 whether relief properly proceeds under Subtitle D §5201 (special exception for rear/side yard relief) or requires alternative filings; parties may respond by Nov.
The Board of Zoning Adjustment on Oct. 29 granted party status to an adjoining neighbor, Joanna Perkowska, in the preliminary proceeding for application 2136O (a proposed detached house on a small Prospect Street lot). The applicant, represented by architect Gregory Curley, presented plans for a modest single‑family dwelling with a preserved 4‑foot walkway to allow rear‑yard access for adjacent Third Street properties.
The board noted the application requests two area variances (lot area and lot occupancy) and two special exceptions (side and rear yard relief). The Office of Planning reviewed the submission and recommended approval, citing the lot’s irregular shape and preexisting tax‑lot configuration. The ANC representative and the adjoining neighbor raised concerns about privacy, scale, and precedent.
During the hearing the board asked the applicant to clarify a legal point: whether relief under Subtitle D §5201 is the proper procedural route for the proposal (the Rules allow certain additions and rear yard exceptions for a new principal residential building on a substandard record lot as described in Subtitle C §301.1), or whether alternate relief and variances must be the primary pathway because the lot is a tax lot and not yet a record lot. The board asked the applicant to file a written explanation and any Zoning Administrator determinations by Nov. 5; opposing parties may respond by Nov. 12. The board scheduled a follow‑up for Nov. 19 to determine next steps.
The board also accepted the applicant’s commitment to grant an easement for continued pedestrian access from Prospect Street to Eaton Court Condominiums and to work with the community on landscaping and construction mitigation measures.
Action items and deadlines set by the BZA: - Applicant: submit legal justification and any Zoning Administrator determination by Nov. 5. - Opponents and ANC: file responses by Nov. 12. - Continued BZA consideration: Nov. 19 (status meeting on legal basis/next steps).
