November 10, 2015
Petition for Review of an Order of the District of Columbia
Office of Administrative Hearings BZA-18638.
for Review of a Decision of the District of Columbia Board of
Zoning Adjustment (BZA-18638).
W. Brown for petitioners Metropole Condominium Association,
C. McKay, Jr., Senior Assistant Attorney General, with Whom
Karl A. Racine, Attorney General for the District of
Columbia, Todd S. Kim, Solicitor General, and Loren L.
Alikhan, Deputy Solicitor General, were on the brief, for
respondent District of Columbia Board of Zoning Adjustment.
BEFORE: Washington, Chief Judge; McLeese, Associate Judge;
and Newman, Senior Judge.
case came to be heard on the administrative record, a
certified copy of the agency hearing transcript and the
briefs filed, and was argued by counsel. On consideration
whereof, and as set forth in the opinion filed this date, it
is now hereby
and ADJUDGED that the decision of the Board of Zoning
Adjustment is reversed, and the case is remanded for further
T. WASHINGTON CHIEF JUDGE.
seek review of an order of the Board of Zoning Adjustment
("BZA" or the "Board") granting an
application for a variance and a special exception to allow
for the construction of an eight-story residential apartment
building with thirty-seven dwelling units next door to their
condominium. We agree with petitioners that the BZA failed to
make necessary findings of fact and failed to adequately
grapple with difficult questions presented by conflicting
evidence in the record. Consequently, we remand this matter
to the BZA for further findings and consideration consistent
with this opinion.
24, 2013, Gregg Busch and Rosebusch, LLC (the
"Applicant") applied to the Board for variance and
special exception relief to construct an eight-story
residential apartment building with thirty-seven dwelling
units on Church Street, Northwest. The property on which the
applicant desires to build the apartments consists of three
lots, each currently containing a three-story brick rowhouse
that fronts Church Street. Church Street is fifty feet wide.
The property is zoned in the ARTS/C-3-A Overlay and is
located within the 14th Street Historic District. The block
on which the rowhouses are located has been almost entirely
redeveloped and these lots are among the last to be improved.
The applicant requested a special exception from roof
structure height requirements and a variance from off-street
parking requirements. Specifically, the applicant requested a
parking variance from 11 DCMR § 2101.1, which requires
one parking space to be provided for every two units. In this
case, the regulation required nineteen parking spaces for the
property is bordered on the east by a seven-story apartment
building and on the west by the Metropole Condominium,
another seven-story building that steps down to four stories
immediately adjacent to the applicant's site on Church
Street. The BZA granted petitioners, members of the Metropole
Condominium Association, party status in opposition to the
application because they claimed that the application will
have an adverse effect on the light, air, and enjoyment of
their property. The Metropole also challenged the development
based on impacts to parking on surrounding streets. The
Advisory Neighborhood ...