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Panel recommends objection to Foster Road rezoning for ADU, calls it likely spot zoning
Summary
The panel recommended objecting to a rezoning and conditional-use permit for an accessory dwelling unit on Foster Road, citing the property's proposed higher density as inconsistent with surrounding A1 lots. Members characterized the request as spot zoning and voted unanimously to object.
Panel members recommended that East Baton Rouge Planning and Zoning be advised to object to a rezoning request for an accessory dwelling unit on Foster Road, saying the requested density would be inconsistent with the surrounding neighborhood.
Staff described the referral: Gary Hawkins is seeking to site an ADU on a half-acre lot and needs rezoning from A1 to A2 because of units-per-acre rules. A member detailed the density difference at the meeting and said rezoning the parcel to allow higher net density in a neighborhood of larger-lot A1 parcels would amount to spot zoning. "My personal opinion is it is guaranteed a spot zoning when you have ... lots around you that are A1 and you're asking to be A2," the member said.
Members discussed the units-per-acre ratios cited in the referral: the transcript reflects A1 density in the neighborhood at roughly "3 to 3.5 to 1," while the subject parcel under A2 was described as near "5.8 to 1." Based on that characterization and the panel's view that the request was uncharacteristic of the subdivision, a motion was made to object on spot-zoning grounds.
The panel voted in favor of sending an objection; the roll call recorded affirmative responses across the board, and the panel instructed staff to transmit its recommendation to East Baton Rouge Planning and Zoning. The transcript records that the two linked cases (the rezoning and the conditional-use permit) were expected to fail for the same reasons.
The panel did not detail any specific legal citation or ordinance number in the transcript, and it noted that the applicant must pursue rezoning with East Baton Rouge. The panel's recommendation is advisory to that jurisdiction; final action rests with East Baton Rouge Planning and Zoning.
