Board of Zoning Adjustments Staff Report Monthly Meeting Monday, November 9, 2015

Board of Zoning Adjustments Staff Report Monthly Meeting Monday, November 9, 2015 Docket Number: 170-15 Prepared by: Brooke Perry Applicant or Agent: Gwendolyn A. Bordenave Property Location: 301-303 S. Alexander Street Zip: 70119 Bounding Streets: S. Alexander St., Murat St., Palmyra St., & Banks St. Former Zoning: RD-3 Two-Family Residential District Current Zoning: 1 HU-RD2 Two-Family Residential District Historic District: N/A Planning District: 4 Existing Use: Vacant Lot Square Number: 804 Proposed Use: Two-Family Residence Lot Number: 25 Request Citation: This request is for variances from the provisions of Article 4, Section 4.6.7 (Table 4F) of the former Comprehensive Zoning Ordinance. Request: To permit the construction of a two-family residence with insufficient minimum lot area, minimum lot width, minimum corner side yard width, minimum interior side yard width, minimum aggregate side yard width, and minimum rear yard depth. Requested Waivers: Section 4.6.7 (Table 4.F) Minimum Lot Area Required: 3,600 sq. ft. Provided: 3,141.6 sq. ft. Waiver: 458.4 sq. ft. Section 4.6.7 (Table 4.F) Minimum Lot Width Required: 30 Provided: 28 Waiver: 2 Section 4.6.7 (Table 4F) Minimum Corner Side Yard Width Required: 1 Provided: 6 Waiver: 6 Section 4.6.7 (Table 4F) Minimum Interior Side Yard Width Required: 3 Provided: 2-6 Waiver: 6 Section 4.6.7 (Table 4F) Minimum Aggregate Side Yard Width Required: 20% Provided: 10.71% Waiver: 9.29% Section 4.6.7 (Table 4F) Minimum Rear Yard Depth Required: 20 Provided: 5 Waiver: 15 1 Effective August 12, 2015. Since this application was received prior to the effective date, this request is being reviewed under the former zoning 1 Docket 170-15

Project Description: Lot 25 is a rectangular-shaped lot located on the corner of South Alexander Street and Palmyra Street in the Mid-City Neighborhood. The subject lot has twenty-eight feet (28 ) of frontage on South Alexander Street and one hundred twelve point two feet (112.2 ) of frontage along Palmyra Street for a total lot area of approximately three thousand one hundred forty-one point six square feet (3,141.6 sq. ft.). The lot is currently vacant. According to the 1994 Sanborn Map, the lot was historically developed with a two-family residence with a detached garage. The applicant is proposing to construct a two-story, two-family residence on the lot. The proposed structure is subject to the RD-3 Two-Family Residential District s standards in Article 4, Section 4.6.7 (Table 4F) of the Comprehensive Zoning Ordinance. The lot meets the minimum lot depth of ninety feet (90 ) required by the district, but does not meet the minimum lot width of thirty feet (30 ) or minimum lot area of three thousand six hundred square feet (3,600 sq. ft.) required for two-family residences in the RD-3 District. Thus the applicant is seeking a waiver of two feet (2 ) for minimum lot width and four hundred fifty-eight point four square feet (458.4 sq. ft.) for minimum lot area. The proposed residence would be two-story and measure approximately twenty-eight feet, four inches (28-4 ) in height, twenty-five feet (25 ) in width, ninety feet, six inches (90-6 ) in depth, and would have a floor area of two thousand one hundred fifty square feet (2,150 sq. ft.). The proposed structure would have a front yard depth of thirteen feet (13 ), a side yard width of two feet, six inches (2-6 ) on the Banks Street side of the property, and a corner side yard setback of six inches (6 ), for a total aggregate width of side yards of three feet (3 ) or ten point seventy-one percent (10.71%) of total lot width. The proposed residence would have a rear yard setback of eight feet, six inches (8-6 ) from the rear property line, however the site plan shows an upper level balcony that would extend from the second floor of the residence towards the rear property line three feet, six inches (3-6 ), leaving five feet (5 ) of rear yard depth. The average front yard setback of the block is twelve point eight feet (12.8 ), the proposed residence s front yard setback of thirteen feet (13 ) complies with the requirement that the front façade of a building must be located at or within three feet (3 ) of the average of the block face. 2 The property would also comply with the RD-3 District s forty-foot (40 ) height limit. The District requires that interior side yard widths measure at least three feet (3 ), the proposed property s interior side yard setback of two feet, six inches (2-6 ) does not meet this requirement and thus a waiver of six inches (6 ) is required. Since the property is a corner lot, a setback is required along the side street that is equal to the average of the front yards of the structure fronting the side street. The average front yard depth of the structures along Palmyra Street is thirteen feet, nine inches (13-9 ). 3 Article 15, Section 15.5.8.3 prohibits the reduction in buildable width of a lot below twenty-four feet (24 ), thus the subject lot is required to provide a corner lot setback of one foot (1 ). 4 The proposed residence s side yard width of six inches (6 ) 2 These measurements were made by the Department of Safety and Permits on September 30, 2015. 3 These measurements were made by the Department of Safety and Permits on September 30, 2015. 4 The subject lot s width is twenty eight feet (28 ). Article 15, Section 15.5.8.3 does not allow the buildable lot width to be reduced below twenty-four feet (24 ). Taking the subject lot s width into consideration, there is only 2 Docket 170-15

does not comply with this requirement, thus a waiver of six inches (6 ) is required. The proposed structure also does not meet the requirement that the aggregate side yard width equal at least twenty percent (20%) of actual lot width, and thus a waiver of nine point twenty nine percent (9.29%) is also required. The proposed rear yard depth of five feet (5 ) also does not meet the minimum required rear yard depth of twenty feet (20 ), and thus the applicant is requesting a waiver of fifteen feet (15 ). Article 15, Section 15.2.1 (Table 15.A) requires one (1) off-street parking space per dwelling unit, the applicant is proposing to provide two (2) off-street parking spaces in an attached garage to the rear of the property, which complies with this requirement. Surrounding Development The petitioned site is located on the corner of South Alexander Street and Palmyra Street in the Mid-City neighborhood. It is located in a large HU-RD2 Historic Urban Two-Family District, which was formerly an RD-3 Two-Family Residential District that is bordered roughly by South Carrollton Avenue, Uloa Street, D Hemecourt Street, South Bernadotte, and Canal Street. At the intersection of Banks Street and South Alexander Street there is a small Historic Urban Neighborhood Business District which contains a bar, automobile repair shop, barbershop, metal polishing shop, and several restaurants. The subject property is located a few blocks from Canal Street, this corridor includes a mix of residential, office and commercial uses. Jesuit High School is approximately two blocks away from the petitioned site. The area is characterized by a mix of densely situated residences, primarily two-family, one- and two-story. The subject block and surrounding blocks contain several one-story double shotguns built closely together, several built in Arts and Crafts style. Most houses are set back within several feet of the sidewalk with uncovered steps extending into the front yard. Typically offstreet parking spaces are not provided, except for corner lots with rear yard access or lots with larger frontages. The staff surveyed forty-five (45) residential properties on the subject square and the adjacent Square 803 and found that fifty-eight percent (57%) were developed with two-family residences, thirty-eight percent (38%) were developed with single-family residences, and one (1) was developed with a Table 1: Analysis of Neighboring Two-Family Residences Measurement # % Lot Width < 30ft. 4 15% Lot Width > 30 ft. 23 85% Lot Area < 3,600 sq. ft. 16 59% Lot Area > 3,600 sq. ft. 11 41% (Source: Orleans Parish Assessor s Office; All estimates are approximate based upon staff measurements taken from Orleans Parish Tax Assessor s online maps and in-field observations for all properties) five-family residence. The majority of lots in the area measure approximately thirty feet (30 ) in width, one hundred twelve feet (112 ) in depth, and approximately three thousand three hundred sixty square feet (3,360 sq. ft.) in area. Out of two-family residences surveyed, fifteen percent (15%) did not meet the minimum lot width required by the district and sixty-two percent (62%) did not meet the minimum lot area for the district. four feet (4 ) of lot width that may be used for side yards. Since the interior side yard is required to measure three feet (3 ) in width, the remaining one foot (1 ) is the required corner lot side yard width. 3 Docket 170-15

As mentioned, the residences in the area are densely situated. Out of the ninety (90) side yards surveyed, seventy-three percent (73%) not meet the minimum requirement of three feet (3 ) in width. Only twenty-four (24) side yards met the minimum requirement, and those properties often had an off-street parking space in the side yard. The majority of properties also did not meet the minimum aggregate side yard width requirement of twenty percent (20%) of actual lot width. Seventy-eight percent (78%) of properties were deficient in minimum aggregate side yard width. The public right-of-ways in the area are unusual as the sidewalk is located closer to the street and not on the property line, leaving a large grass area between the sidewalk and the private property line. Thus it is difficult to determine the exact location of the corner lot line; however the staff estimates that roughly half of the corner properties in the area do not meet the minimum corner side yard width requirement. Table 2: Analysis of Neighboring Residences Measurement # % Side Yard Width < 3 ft. 66 * 73% * Side Yard Width < 3 ft. 24 * 27% * Aggregate Side Yard Width < 20% 35 78% Aggregate Side Yard Width > 20% 10 22% Does not meet Corner Side Yard Width 3 50% Meets Corner Side Yard Width 3 50% * Out of ninety (90) side yards for forty-five (45) properties (Source: Staff Site Visit on 10/23/15; All estimates are approximate based upon staff measurements taken in-field for all properties) The staff found that the majority of residences in the area provided the minimum rear yard depth of twenty-feet (20 ). However, thirty-three percent (33%) of properties did not meet this requirement. Several of the properties that had larger rear yards also had deeper lots than the subject property, measuring one hundred fifty-seven feet (157 ) in depth. Additionally, adjacent to the subject property are several properties with deficient rear yards that front on South Alexander Street, as shown in Figure 1. Table 3: Analysis of Neighboring Residences Measurement # % Rear Yard Depth < 20 ft. 15 33% Rear Yard Depth > 20 ft. 18 40% (Source: Pictometry; All estimates are approximate based upon staff measurements taken from Pictometry s online maps and in-field measurements) Figure 1: Adjacent Properties with deficient rear yards 4 Docket 170-15

Table 4: Raw Data for Residences near Petitioned Site Address Use Lot Lot Lot Lot Side Side Agg. Side % of Rear Width Depth Area Type Yard 1 Yard 2 Yard Width Lot Width Yard 4429 Banks St. Two-Family 45 120 5400 Interior 6.4 10.0 16.4 36.5% 26.8 4437 Banks St. Single-Family 45 120 5400 Interior 2.0 7.0 9.0 20.0% 40.0 4439 Banks St. Single-Family 30 120 3600 Corner 1.0 3.3 4.3 14.4% 40.0 4401 Palmyra St. Single-Family 27 112 3026 Corner 0.0 2.7 2.7 9.9% 29.4 4418 Palmyra St. Single-Family 30 150 4498 Interior 0.0 2.5 2.5 8.3% 32.0 4420 Palmyra St. Two-Family 30 150 4498 Interior 2.2 2.0 4.2 13.9% 33.0 4424 Palmyra St. Two-Family 30 119 3570 Interior 2.2 2.0 4.2 13.9% 17.6 4430 Palmyra St. Single-Family 28 112 3136 Corner 3.0 3.0 6.0 21.4% 15.0 201 S. Alexander St. Two-Family 29 112 3204 Corner 3.4 3.0 6.4 22.4% 30.0 207 S. Alexander St. Single-Family 30 112 3360 Interior 4.0 3.0 7.0 23.3% 16.0 209 S. Alexander St. Single-Family 29 112 3250 Interior 6.0 1.0 7.0 24.1% 19.0 215 S. Alexander St. Single-Family 29 112 3250 Interior 2.0 3.0 5.0 17.2% 19.7 217 S. Alexander St. Two-Family 29 112 3248 Interior 3.0 2.5 5.5 19.0% 16.3 219 S. Alexander St. Single-Family 29 112 3250 Interior 6.0 2.0 8.0 27.6% 18.9 223 S. Alexander St. Single-Family 26 112 2914 Interior 0.0 2.0 2.0 7.7% 20.0 225 S. Alexander St. Two-Family 32 112 3587 Interior 2.7 2.3 5.0 15.6% 34.6 231 S. Alexander St. Two-Family 28 112 3092 Interior 2.3 0.8 3.1 11.2% 24.3 235 S. Alexander St. Single-Family 31 112 3475 Interior 6.7 0.8 7.4 23.9% 22.6 305 S. Alexander St. Two-Family 30 112 3407 Interior 1.8 2.4 4.2 13.7% 7.0 309 S. Alexander St. Two-Family 30 112 3409 Interior 2.8 2.2 5.0 16.4% 9.0 313 S. Alexander St. Two-Family 30 112 3409 Interior 2.3 1.9 4.2 13.8% 8.5 317 S. Alexander St. Two-Family 30 112 3407 Interior 2.2 1.9 4.0 13.3% 8.5 321 S. Alexander St. Single-Family 30 157 4780 Interior 2.2 2.8 5.0 16.4% 31.0 327 S. Alexander St. Single-Family 30 157 4702 Interior 2.7 1.6 4.3 14.2% 56.0 331 S. Alexander St. Single-Family 30 104 3120 Interior 1.4 1.6 3.0 10.0% 22.0 333 S. Alexander St. Single-Family 30 104 3120 Interior 1.4 0.8 2.2 7.3% 23.0 335 S. Alexander St. Single-Family 30 104 3120 Interior 1.7 0.8 2.5 8.2% 33.0 200 S. Murat St. Two-Family 28 112 3117 Corner 3.0 3.0 6.0 21.6% 21.1 204 S. Murat St. Two-Family 31 112 3447 Interior 2.0 2.0 4.0 13.0% 34.8 207 S. Murat St. Two-Family 40 120 4800 Interior 3.0 2.5 5.5 13.8% 27.7 208 S. Murat St. Two-Family 32 112 3584 Interior 2.6 2.5 5.1 15.9% 11.8 212 S. Murat St. Two-Family 33 112 3696 Interior 2.8 3.0 5.8 17.7% 23.0 213 S. Murat St. Two-Family 40 120 4810 Interior 3.5 2.8 6.3 15.8% 23.0 216 S. Murat St. Two-Family 33 112 3696 Interior 2.5 2.5 5.0 15.2% 23.4 220 S. Murat St. Two-Family 33 112 3696 Interior 2.5 2.5 5.0 15.2% 23.2 224 S. Murat St. Two-Family 33 112 3696 Interior 2.5 2.5 5.0 15.2% 20.0 228 S. Murat St. Two-Family 33 112 3696 Interior 2.5 2.5 5.0 15.2% 40.0 232 S. Murat St. Two-Family 32 112 3587 Interior 2.7 2.0 4.7 14.6% 20.0 236 S. Murat St. Five-Family 31 112 3475 Corner 1.0 3.0 4.0 12.9% 12.0 304 S. Murat St. Two-Family 31 112 3422 Interior 3.0 2.3 5.3 17.2% 8.0 308 S. Murat St. Two-Family 30 112 3412 Interior 2.5 2.5 5.0 16.4% 13.0 312 S. Murat St. Two-Family 30 112 3407 Interior 2.5 2.3 4.8 15.6% 31.0 316 S. Murat St. Two-Family 30 142 4319 Interior 1.3 2.3 3.5 11.5% 48.5 322 S. Murat St. Two-Family 30 157 4780 Interior 1.3 2.5 3.8 12.3% 31.3 324 S. Murat St. Single-Family 29 157 4576 Interior 3.0 11.0 14.0 48.1% 33.9 5 Docket 170-15

Impact and Analysis According to the Comprehensive Zoning Ordinance, the Board of Zoning Adjustments must consider the following criteria in order to determine what impact the requested variance would have on adjacent properties if it were approved. The procedure affords an applicant relief from the strict requirements of the zoning law when unnecessary hardship or practical difficulty exists. 1. Do special conditions and circumstances exist which are peculiar to the land, structure, or building involved which are not applicable to other lands, structures, or buildings in the same zoning district? Yes. Special conditions and circumstances exist which are peculiar to the land, structure or building that are not applicable to other lands, structures or buildings in the same zoning district. The petitioned lot has a substandard lot width and area compared to other properties in the RD-3 Two-Family Residential District. This special condition is a result of how the area was historically subdivided. The lot s substandard width creates a special condition that reduces the lot s amount of buildable lot width. Additionally, the arrangement of the public right-of-way adjacent to the site is unique as the sidewalk is located close to the street, leaving a large grassy area in between the sidewalk and the property line. The site was historically developed with a two-family residence with a detached garage that was built along the rear property line. The proposed development would be similar, with an attached garage in the rear located close to the property line. 2. Will the literal interpretation of the provisions of the ordinance deprive the applicant of rights commonly enjoyed by other properties in the same district? Yes. The literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district. As Table 1 suggests, there are several instances of other two-family residences in the area that are deficient in lot width and the majority are deficient in lot area. Side yards in the area typically do not meet the minimum width requirement of three feet (3 ) and as a result, the majority of properties do not meet the minimum aggregate side yard width required by the District. Also, roughly half of corner lots surveyed do not meet the minimum corner lot side yard requirement. While the majority of properties in the area provide the minimum required rear yard depth of twenty feet (20 ), several of these lots are greater in depth than the subject property. Additionally, the lots adjacent to the subject property on the subject block face do not meet the minimum depth required by the District. As several other properties in the area share similar deficiencies with the proposed residence, the literal interpretation of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the area. 3. Do any special conditions and circumstances result from the actions of the applicant or any other person who may have (or had) an interest in the property? No. No special conditions or circumstances result from the actions of the applicant or any other person who may have an interest in the property. The special condition, which 6 Docket 170-15

is the subject site s unusually small width and area, is a historic condition which predates the applicant s ownership of the property. The footprint of the proposed structure is similar to that of the structure which was originally developed on the site and to that of other structures throughout the neighborhood. 4. Will the granting of the variance confer on the applicant any special privilege which is denied by this ordinance to other lands, structures, or buildings in the same district or similarly situated? No. The granting of the variance for off-street parking will not confer on the applicant any special privilege which is denied by this ordinance to other lands, structures, or buildings in the same district. As mentioned, the majority of properties do not meet the minimum lot area of the District and several do not meet the minimum lot width. The Board has granted seven (7) waivers for minimum lot area and three (3) waivers for minimum lot width for two-family residences in Planning District 4 since 2013. Table 5: Recent Waivers for Lot Area and Lot Width for Two-Family Residences in Planning District 4 since 2013 Docket Address Waiver Amount Disposition 016-13 532 S. Hennessey St. Lot Area: 155 sq. ft. Granted 035-13 1830 O'Reilly St. Lot Area: 1,715 sq. ft. Granted 068-13 1710 Lapreyrouse St. Lot Area: 556 sq. ft. Granted 139-13 614 S. Rocheblave St. Lot Width: 1' 191-13 433 S. Cortez St. Lot Area: 1,142 sq. ft. Lot Width: 5.42' Denial without Prejudice 137-14 1468-70 N. Derbigny St. Lot Area: 500 sq. ft. Granted 174-14 218 S. Gayoso St. Lot Area: 681 sq. ft. Lot Width: 1'-9" Granted 192-14 235-37 S. Pierce St. Lot Area: 323 Lot Width 1' Granted 041-15 2754 St. Ann St. Lot Area: 957 sq. ft. Granted Seventy-three percent (73%) of the side yards in the area do not meet the minimum three feet (3 ) required by the District. The Board has granted eight (8) waivers for minimum side yard width for single- and two-family residences in Planning District 4 in the last 5 years. The majority or seventy-eight percent (78%) of properties also did not meet the minimum aggregate side yard width required. The Board has granted seven (7) waivers of minimum aggregate side yard width to properties within Planning District 4 since 2010. Half of the corner lots surveyed did not meet the minimum required corner lot side yard setback. The Board has granted two (2) waivers for minimum corner lot side yard width within the District in recent years. While the rear yards in the surrounding area tended to meet the minimum depth requirement of twenty feet (20 ), the properties adjacent to the subject property did not. Additionally the Board granted seventeen (17) waivers for minimum rear yard depth, as shown in Table 6. 7 Docket 170-15

Table 6: Recent Waivers for Side Yard Width, Minimum Aggregate Width of Side Yards, Corner Lot Side Yard Width, and Rear Yard Depth for Single- and Two-Family Residences in Planning District 4 since 2010 Docket Address Waiver Amount: Disposition 020-10 2534-2536 New Orleans St. Aggregate: 1.25% Granted 041-10 512 S. Salcedo St. Aggregate: Side Yard: Rear Yard: 14% 2.7' 19 Granted 053-10 2423 Orleans Ave. Side Yard: 3' Granted 188-10 3308 Dumaine St. Side Yard: 2'-8" Granted 221-10 2223-27 Onzaga St. Rear Yard: 16'-6" Granted 010-11 712-714 S. Salcedo St. Rear Yard: 5'-6" Granted 011-11 4603 Banks St. Side Yard: 2' Denied 022-11 3425-27 Palmyra St. Side Yard: 1' Rear Yard: 10'-6" Granted 033-11 1832-34 Dumaine St. Corner Side Yard: 6'-11" Denied with Prejudice 043-11 4421 Baudin St. Side Yard: 2' Granted 048-11 2309 Gravier St. Rear Yard: 3' Granted 051-11 917 N. Roman St. Rear Yard: 14.23' Granted 120-11 230 S. Telemachus St. Side Yard: 4" Granted 131-11 1549 N. Derbigny St. Aggregate: 7% Rear Yard: 16.83' Granted 147-11 1831-33 Gov. Nicholls St. Rear Yard: 18'-7" Granted 195-11 1996-98 Hope St. Corner Side Yard: 3'-6" Granted 214-11 313 S. Hennessey St. Side Yard: 1.75' Granted 215-11 314 S. Hennessey St. Aggregate: 1% Granted 185-12 3125 Ponce de Leon St. Side Yard: 2'-2" Granted 227-12 3220-22 Palmyra St. Rear Yard: 5'-9" Granted 022-13 1442 N. Roman St. Aggregate: Rear Yard: 0.6%, 10' Granted 139-13 614 S. Rocheblave St. Rear Yard: 2" Denied with Prejudice 164-13 802 Phillip St. Corner Side Yard: 2' Granted 175-13 1613 N. Lopez St. Aggregate: 6.70% Granted 176-13 1613-15 N. Lopez St. Rear Yard: 2'-4" Granted 011-14 4833 Bienville Ave. Aggregate: 2.80% Granted 107-14 1512 N. Rocheblave St. Rear Yard: 16 Granted 231-14 1019 S. Miro St. Rear Yard: 25'-5" Granted 232-14 1023 N. Miro St. Rear Yard: 13'-4" Granted 041-15 2754 St. Ann St. Rear Yard: 1' Granted 095-15 2201 St. Ann St. Rear Yard: 5' Granted 096-15 2207 St. Ann St. Rear Yard: 5' Granted 8 Docket 170-15

5. Will the variance(s), if granted, alter the essential character of the locality? No. If the variance is granted, the proposed structure will not alter the essential character of the locality. The neighborhood is composed of a mixture of single- and two-family residences. The applicant is proposing to develop a two-family residence on a lot that is substandard in lot width and area. Several properties in the area share a similar deficiency. The proposed residence s side, corner and rear setbacks are consistent with the development pattern of the area and to those of adjacent properties. Additionally, the property was historically developed with a two-family residence that was situated similarly to the proposed residence. Thus, the proposed residence would not alter the essential character of the locality. 6. Will strict adherence to the property regulations result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience? Yes. Strict adherence to the property regulations would result in a demonstrable hardship upon the owner. Waivers will be needed for minimum lot area and lot width regardless of the type of residence constructed on the site. Observance of the regulations would prevent the owner from constructing a two-family residence similar to others in the immediate area. The subject lot does not provide sufficient width to provide the required minimum interior side yard setback, corner side yard setback and the minimum aggregate width. Strict adherence would limit the buildable width of the proposed residence. As mentioned, the properties adjacent to the subject property do not meet the minimum rear yard requirements, forcing the applicant to provide the required rear yard depth would be a hardship upon the owner. 7. Is the purpose of the variance based exclusively upon a desire to serve the convenience or profit of the property owner, or other interested party(s)? No. The purpose of the variance is not based exclusively upon a desire to serve the convenience or profit of the property owner or other interested party. The applicant would like to construct a two-family residence which maintains the development pattern of others in the area. 8. Will the variance be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located? No. The variance, if granted, will not be detrimental to the public welfare, or injurious to other property or improvements in the neighborhood in which the property is located. A two-family residence on the petitioned lot, which is currently vacant, would contribute favorably to the aesthetic and property values of the surrounding neighborhood. 9 Docket 170-15

9. Will the variance impair the adequate supply of light and air to adjacent property, substantially increase traffic congestion in the public street, increase the danger of fire, or endanger the public safety? No. None of these impacts are associated with the proposed project. The construction of a residence on a site which has historically been developed with a two-family residence would not increase traffic congestion in the public street. Additionally, two (2) off-street parking spaces are being provided, therefore the proposed residence should not increase traffic congestion. The proposed setbacks should ensure adequate light and air to adjacent properties and would not increase the danger of fire or endanger the public safety. Staff Recommendation Based on this report, the staff believes the request does satisfy the nine criteria as they pertain to the requested variances. Therefore, the staff recommends APPROVAL of the requested variance, subject to the following provisos: 1. Prior to the issuance of a building permit by the Department of Safety and Permits, the applicant shall submit revised site, floor, and architectural elevation plans of the subject site to the Board of Zoning Adjustments staff for review and approval. These plans shall be the plans for which the building permit is issued. 2. The applicant shall restore the sidewalks and curbs on all street frontages located within the public right-of-way adjacent to the site, subject to the review and approval of the Department of Public Works. 3. The applicant shall plant one (1) street tree in the public right-of-way adjacent to the site and parking lot for every thirty (30) feet or fraction thereof, of street frontage, subject to the review and approval of the Department of Parks and Parkways. 4. The applicant shall provide roof gutters and downspouts on the structure that do not drain on the adjacent properties. 10 Docket 170-15

City of New Orleans Property Viewer October 5, 2015 Override 1 1:1,975 0 0.015 0.03 0.06 mi 0 0.025 0.05 0.1 km

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October 12, 2015 Board of Zoning Adjustments 1300 Perdido St, 7th floor New Orleans, LA 70112 Dear BZA staff and members, Thank you for considering our application to restore a home to a Mid-City lot that has been vacant since the two-story double that previously sat on it collapsed in Hurricane Isaac. We are seeking waivers to accommodate re-building a double house on a narrow lot. I will address the nine criteria for granting a waiver one at a time. 1. Special conditions and circumstances exist that are peculiar to the land or structure involved and are not generally applicable to other lands or structures in the same zoning district. This lot is only 28 wide, unlike the typical 30 of the neighboring lots. The previous house on this lot was built right up to the Palmyra Street property line because of this. I am requesting a similar accommodation. 2. Literal interpretation of the provision of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. Literal interpretation would deprive me of the ability to build a home of comparable size to the other homes in this neighborhood because my lot is narrower than the others. 3. The special conditions and circumstances do not result from the actions of the applicant or any other person who may have had an interest in the property. The lot width and depth existed before I acquired the property. 4. Granting the variance requested will not confer on the applicant any special privilege which is denied by this Ordinance to other lands or structures in the same district or similarly situated area. I seek to build a similarly sized and situated house compared to many nearby properties. The home that used to sit on my lot and the homes of the other four corners of South Alexander and Palmyra Streets were all built right up their street-side property lines, and closer than twenty feet to their rear property lines. 5. The variance, if granted, will not alter the essential character of the locality. Same answer as above. 6. Strict adherence to the regulations by the property would result in a demonstrable hardship upon the owner, as distinguished from mere inconvenience.

Strict adherence to the rules would not allow sufficient lot width and depth to build a double home, which is the prevalent building type in this neighborhood the type of building that I am trying to return to the neighborhood. 7. The request for the variance is not based primarily upon a desire to serve the convenience or profit of the property owner or other interested party(s). We seek to build a home with similar architectural features as other homes in this neighborhood. While the rear balcony will add a feature that requires an additional variance, it is an architectural feature common in the neighborhood, we only seek an additional 3 foot 6 inch protrusion from the second floor, it will be open air not an enclosed space, and it will not block any additional light to the rear neighbor (the maximum shade it can cast will fall completely on my property). 8. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Granting the variance will not create a safety hazard to any neighboring property or to drivers entering the intersection of South Alexander and Palmyra. A driver s viewing position from the stop sign on South Alexander towards Palmyra is closer to the intersection than the side property line for this lot, so the corner of the house or a fence would not block the view. As far as fire safety, both the upstairs and downstairs units have two means of ingress/egress. The neighbor s house also has a front and rear entry. The proposed house being six inches closer to the neighbor will not affect the residents of either property s ability to safely escape a fire. 9. The property variance will not impair an adequate supply of light and air to adjacent property, increase substantially the congestion in the public street, increase the danger of fire, or endanger the public safety. The house being proposed is of a comparable size to many nearby homes including two of the homes on the other corners of this intersection, and will be substantially similar in height and width to the house that previously sat on this lot. As mentioned in the answer above, residents will have multiple means of exiting the building, so there will be no increased danger of fire. Being six inches closer to the neighbor will not have a meaningful impact on the likelihood of fire spreading between the two properties. As far as congestion, the proposed house has a two car garage and is a corner lot, so this house will have a near zero impact to the congestion of the adjacent public streets. The waivers I am requesting will allow me the ability to build a home in keeping with the character and feel of the Mid City neighborhood that I love. I hope you agree, and I thank you for your time and consideration. Sincerely, Gwendolyn A. Bordenave

Brooke Perry From: Sent: To: Subject: Attachments: Julie A. Tweeter Thursday, October 01, 2015 8:32 AM Brooke Perry 301 S. Alexander St. 301 S. Alexander St..pdf; 301 S. Alexander St_SETBACK.xlsx; Palmyra St._SETBACK TABLE.xlsx The setback average for 301 S. Alexander St. is 12.8 and 12.3 for Palmyra St. Julie Tweeter Building Inspector City of New Orleans Safety and Permits 1300 Perdido St, 7th floor New Orleans LA 70112 [o] 504-658-7193 [e]jatweeter@nola.gov 1

301 S. Alexander St. ADDRESS SETBACK 301 S. Alexander LOT 305 S. Alexander 12.5' 311 S. Alexander 14' 313 S. Alexander 14' 319 S. Alexander 14' 321 S. Alexander 14.5' 327 S. Alexander 11.5' 329 S. Alexander 14.5' 333 S. Alexander 15' 337 S. Alexander 15.5' 4401 Banks 2.5' Average= 12.8'

Palmyra St. ADDRESS SETBACK 4418 Palmyra 14.25' 4420 Palmyra 14.5' 4426 Palmyra 12.5' 4430 Palmyra 8' Average= 12.3'