BZA questions relief sought by Della Barba Pizza; board sends case for legal consultation and schedules continued hearing

Summary

The BZA pressed Della Barba Pizza to clarify whether it needs a corner-store special exception or a use variance after presentations about outdoor seating and alcohol sales. The chair moved for an emergency closed meeting with counsel; the board recommended the applicant work with DOB, OP and the Office of Zoning and tentatively scheduled continued hearings in January.

At the Nov. 19 hearing the owners and manager of Della Barba Pizza sought zoning relief to operate a restaurant with outdoor seating at 1382 East Capitol St. NE (application 21334). Chair Fred Hill told the applicant the record suggests they might be pursuing the wrong relief: rather than a use variance, the board recommended exploring a special exception under the corner-store provisions (U 5 4.14) that can permit retail and limited on-site alcohol sales if criteria are satisfied. Shepherd Beeman of the Office of Planning said OP analyzed the case as a use variance for an eating-and-dining establishment and found converting the property to conforming residential use would create undue hardship given the building’s size, historic district location and configuration. The applicant said DOB and DDOT had been consulted and that conversion would cost substantial sums.