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BZA denies use variance for proposed office at 409 E. Capitol; special-exception bid fails for lack of majority
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Summary
The Board of Zoning Adjustment refused a use variance to allow office use at 409 East Capitol St. SE (application 21333), finding the applicant did not meet the high burden of proving an exceptional condition that precludes residential use. The board split 2–1 on a related lot-occupancy special-exception and the motion failed for lack of majority; the case remains pending for next steps.
The District of Columbia Board of Zoning Adjustment on Nov. 19 denied a request for a use variance to allow an office on the first floor of a building at 409 East Capitol Street SE (application 21333). Chairman Fred Hill, Vice Chair Carl Blake and Commissioner Rob Miller repeatedly reviewed the record and concluded the applicant had not established the “very high” first prong of the use-variance test — that a unique or exceptional condition prevents reasonable residential use of the property. Vice Chair Blake said the record lacked objective evidence on renovation costs and structural barriers; he and the chair noted any historic designation did not, on its own, demonstrate the required hardship.
