10-14-2024: Appeal of Building Permit No. 24-01393-NEWC

October 14, 2024 

Board of Zoning Adjustments 
1300 Perdido Street – 7th Floor 
New Orleans, LA 70112 

RE: Appeal of Building Permit No. 24-01393-NEWC 

Dear Board of Zoning Adjustments: 

Louisiana Landmarks Society wishes to express its disappointment with the process of granting 

Building Permit No. 24-01393-NEWC, and hereby declares its support for the appeal against this 

permit. We believe that the Board of Zoning Adjustment (BZA) and the Department of Safety and Permits have acted in violation of the regulations set forth in the Comprehensive Zoning Ordinance (CZO). 

Our primary concerns are as follows: 

First, CZO Article 22 (CZO Sec.22.8.A.1.b.iii) explicitly prohibits Corner Side Yard parking for non-residential use. The stated use for this project is a grocery store with related parking. However, no variance for this was listed on the agenda, or voted on during the relevant meeting. Despite the fact that this variance was not voted on, the BZA Disposition, Docket No BZA 087-23, dated November 17, 2023, inexplicably states that a variance for corner side yard parking was granted, citing the provision of the CZO for residential, not non-residential uses. 

 Second, the initial application encompassed 25 separate lots and parcels, although the site plan was designed as if it were a single lot. At that time, the CZO mandated a 10-foot buffer yard on the Banks Street lot line of the site (CZO Sec. 23.8.A-B) and a 7-foot fence separating this commercial project from the adjacent historic Mid City residential neighborhood (CZO Sec. 23.8.C). This requirement was particularly important to provide some limited protection for the residential side of Banks Street, which mostly consists of single and double homes zoned as Historic Urban 2-Family Residential (HU-RD2). There is no record that the landowner requested a variance from this 10-foot buffer requirement. 

Subsequently, the owner re-subdivided the 25 lots into a single lot of record (2501 and 2537 Tulane Avenue), thereby subjecting the property to Subdivision Regulations. Section 5.5.5 of these regulations stipulates a 20-foot buffer yard along Banks Street for such Double Frontage Lots, especially when abutting a Major Street, which Banks Street is designated as in the City's Existing Major Street Plan. 

Contrary to both the Subdivision Regulation 5.5.5 and CZO Article 23, Section 23.8.B, Permit 

No. 24-01393 was issued with only a 5-foot buffer yard on the Banks Street side. This issuance stands in clear violation of city regulations. 

We remind you that the Department of Safety and Permits has an obligation to enforce the laws of the City of New Orleans, including the CZO. Their authority includes the power to "revoke, suspend or cancel any permit which has been issued in violation of the zoning or building code ordinances or other applicable state or municipal law." 

An appeal was duly filed on August 26, 2024, highlighting these violations in the granting of this permit. The CZO clearly states that "an appeal stays all administration proceedings in furtherance of the action appealed from, unless the Director of the Department of Safety and Permits certifies to the Board of Zoning Adjustments that a stay would, in the Director's opinion, cause imminent peril of life or property." Despite this provision, no stop work order has been issued, and construction continues unabated at the site. 

In light of these serious breaches of procedure and regulation, Louisiana Landmarks Society formally requests that the permit be vacated and that the proper laws and procedures be implemented. 

We trust that you will give this matter the urgent attention it deserves and take appropriate action to uphold the integrity of our city's zoning and building regulations. 

Sincerely, 

Sandra Stokes 
Chair of Advocacy 
Louisiana Landmarks Society