Thread by @ANCJonah

1/ Long thread. Here are some data points on ANC great weight in Board of Zoning Adjustment cases, the board that decides if you can build up and back on your rowhome. This is important in our neighborhood if you believe you can fight developers.

2/ Specifically I wanted to know how the BZA has ruled in RF-1 cases. That means that the case needs to be a three-unit conversion at minimum though I am focusing on those with at least an 11' rear addition. 10' rear additions are allowed so I want to see cases requesting more.

3/ To do this I looked at the zoning map, manually cross referenced an ANC Commission map and came up with each ANC that has RF-1 (rowhome) zones and found 14 ANC Commissions in Wards 1, 3, 4, 5, 6, 7, 8.

4/ Then I manually searched through every BZA case since September 2016, when the RF-1 zone was created, to see which cases were in RF-1 zones and requesting a three unit conversion and rear addition of 10'+.

5/ For zoning case searches I am using IZIS: app.dcoz.dc.gov/content/search…

There appears to be no way to run an advanced search filter on this. This is a problem and hopefully something @CodeforDC or @opendatadc could point me to or help fix?

@CodeforDC @opendatadc 6/ After that I read through every case transcript to determine a few things:

1. Did the ANC support the application
2. How did the BZA provide great weight to the ANC decision
3. How did the BZA finally rule

And compiled this spreadsheet: docs.google.com/spreadsheets/d…

@CodeforDC @opendatadc 7/ Here is what I found.

24 cases involving a special exception and rear addition (excluding decks) of 10'+

Of those the BZA only denied 2 cases. Both in ANC 4C (our community).

In one case #19418 the ANC asked for the approval and great weight and was denied by the BZA

8/ 19418 is in my SMD. The community worked with the developer to support a rear addition of more than 10' in return for 3 bedroom family sized units. The ANC supported the application by a 4-3-0 vote. The BZA ultimately forced them to a 10' max rear addition.

9/ ANC 4C then used that ruling to oppose BZA case #19564 asking for 31' rear addition. The applicant was offering no concessions to the community. In my testimony to the BZA I referenced the nearly identical case #19418, their ruling, asked for a consistent and equitable outcome

10/ The BZA argued that each case is unique and cannot be compared. They denied our requests and gave the applicant everything they were asking for. Part of my testimony:

11/ So the first question of whether the BZA provides legally required 'great weight' to ANC decisions I think it would be hard to show proof that they do at best, at worst that in those two cases you can conclude they might be violating great weight requirements.

12/ The second question I have is what is the purpose of 'special exceptions' in RF-1 zones if they are granted ~83% of the time. Remembering an owner can add a third floor and at least 10' without a special exception (the trigger that requires a BZA hearing).

13/ I am not a supporter of down-zoning but the RF-1 zone and BZA role is broken when it is easier to flip a house and make it larger if you make it three units than it will be to keep it 1 unit.

14/ The system is also broken when BZA is not accountable for either applying rules consistently and equitably or adequately responding to ANC testimony asking why there is disparity in similar cases.

15/ To their credit the one agency with some interest in this is @ODCA_DC who conducts an annual audit on application of ANC great weight.

16/ So what does this mean if you have a developer working on your block?

BZA will likely give the developer everything they want

BZA will likely not listen to the ANC if we oppose a case or ask for modifications

The only option is negotiating before the BZA hearing

17/ Next up I am going to try to work on a recommendation to @OZinDC to modify the RF-1 zone. Since BZA grants 30' additions when 10' is by-right the likely rec is removing BZA's ability to waive the 10' rear addition under 11.U320.2(L)

@OZinDC 18/ Alternatively they can move the three unit conversion allowance into the by right regulations and take away the right to weigh in on any RF-1 development that is not a variance. If BZA is suggesting this is what DC wants through their rulings then let's make it by right.

@threadreaderapp unroll

19/ if you enjoyed this thread on BZA cases I'd love to tell you about how hard it is to attend BZA hearings and why they are set up to favor developers and DC agencies over residents. @ANC4C wrote up some recommendations to improve meetings: docs.google.com/document/d/1oq…