11-17-2024: Appeal No. BZA062-24 2501-2537 Tulane Avenue

November 17, 2024 

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

Re: Appeal No. BZA062-24 --- 2501-2537 Tulane Avenue Permit No. 24-01393-NEWC 

Dear Board of Zoning Adjustments, 

Louisiana Landmarks Society expresses deep concern regarding both the jurisdictional and substantive issues involved in the appeal of Building Permit No. 24-01393-NEWC. We are aware that the BZA previously declined to exercise its jurisdiction over the failure of the Director of Safety and Permits to issue a stay of the building permit when the appeal was initially filed, in clear violation of the CZO. Both the Director and the Landowner's attorney have now filed statements urging the Board to dismiss the appeal itself on jurisdictional grounds. We believe the permit was issued erroneously by the Director, in violation of the Home Rule Charter of the City of New Orleans and the Comprehensive Zoning Ordinance (CZO). While the City Charter explicitly grants aggrieved parties the right to appeal such errors by the Director of Safety and Permits to the BZA, the Director of Safety and Permits argues that the Board lacks the authority to hear those appeals. 

The City Charter clearly states in Section 5-408.2(b) that the BZA "shall hear and decide appeals where error is alleged in any order, requirement, decision or determination by an administrative official in the enforcement of the zoning ordinance of the City." Furthermore, Section 7-702 of the City Charter mandates that the Department of Safety and Permits "shall enforce the city zoning and building code ordinances" and "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." The Director has no authority to issue building permits which are in violation of the CZO. The BZA has the duty to hear and decide appeals where the Director has erred in decisions regarding the enforcement of the CZO. vc

 The obligations of both the BZA and the Department of Safety and Permits under the City Charter are unambiguous. While the City Council possesses legislative authority, this does not extend to amending the City Charter, which can only be done by the votes of registered voters in Orleans Parish. Any effort to restrict or undermine the duties of the BZA and the Department of Safety and Permits with regard to enforcement of the CZO, including appeals from decisions of the Director, which conflicts with the City Charter, is impermissible. Louisiana Landmarks Society therefore requests that the BZA fulfill its obligation under the Charter to hear and decide appeals of any erroneous decisions made by the Director of Safety and Permits which are alleged to be in violation of the Comprehensive Zoning Ordinance and to revoke the unlawful permit in question. 

Sincerely, 

Sandra Stokes 
Chair of Advocacy 
Louisiana Landmarks Society