BZA grants one‑year extension for Salvation Arts order; denies waiver for late National Geographic request

At its Jan. 28 meeting the Board of Zoning Adjustment split on two time‑extension requests involving prior orders.

Salvation Arts (application 20967A): Secretary and the chair reviewed a timely filed request (filed Oct. 27) for a one‑year extension of the order issued Nov. 9, 2023 (expiration would otherwise have been Nov. 9, 2025). Chair Carl Blake noted ANC 6A’s support and that the Office of Planning recommended approval after confirming no material changes to facts underlying the original order. The board approved a one‑year extension (new validity to Nov. 9, 2026) on a roll‑call vote recorded as 3–0–2.

National Geographic (application 20968A): The board considered an attempt to waive Subtitle Y §702.1 to permit a two‑year extension where the applicant filed after the order’s final date. The chair and multiple members cited D.C. Court of Appeals precedent and the board’s consistent practice of tying validity to an order’s final date; because the National Geographic request appeared untimely (the filing post‑dated the final order), the board moved to deny the waiver and dismiss the extension request. The motion to deny and dismiss passed by roll call (recorded as 3–0–2). Chair Blake said denying the waiver followed precedent and that the board would not revive orders older than two years beyond finality.

Why it matters: time extensions preserve project approvals and affect financing and permitting timetables. The contrasting outcomes turned on timeliness and the board’s reliance on established precedent about when orders may be extended or revived.