Agenda - Planning Commission - 07/12/2018

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June 10, 2018 I Volume 12 I Issue 11 Zoning Bulletin legally rezoned" the Site "[b]ecause, almost immediately after adopting a new comprehensive zoning ordinance and map in 2014, the City sought to change the zoning of the proposed Costco site to allow numerous prohibited uses, and . . . those additional uses effectively transformed the [Site] from a C-2 district to a C-3 district . . .." The Residents had also argued that the 2016 zoning amendment was pri- marily for the private interest of Costco so that it could build on the Site, and therefore constituted impermissible spot -zoning. Looking at the City Zoning Ordinance's guidelines for amendments to zoning ordinance text, the court found that under those guidelines, a rezoning would be considered illegal spot -zoning "if the proposed amendment is for a small parcel of land singled out for special and privileged treatment." Here, the court found that the 2016 zoning amendment was "created and . . . focused solely on Costco and its activities." Because the City "engaged in illegal spot -zoning by singling out a parcel of land for special and privileged treatment," the court found that the April 2016 zoning amendment was "arbitrary, capricious, and unsupported by substantial evidence." See also: Modak-Truran v. Johnson, 18 So. 3d 206 (Miss. 2009). Variance —Board of Zoning Adjustment grants variance for church addition based on "exceptional condition" in that building structure contributed to local historic district Neighbors argue contributing nature of structure is not sufficient to constitute "exceptional condition" warranting a variance Citation: Dupont Circle Citizens Association v. District of Columbia Board of Zoning Adjustment, 2018 WL 1748313 (D.C. 2018) DISTRICT OF COLUMBIA (04/12/18)—This case addressed the issue of whether the presence on property of a structure that contributes to a historic district constitutes an "exceptional condition" justifying a zoning variance. The Background/Facts: St. Thomas' Episcopal Parish (the "Parish") has occupied its current site in the District of Columbia ("D.C.") for 120 years. In 1970, the main church was destroyed by fire. Since that time, the church has operated out of the only remaining structure on the property —the Parish Hall. In September 2015, the Parish proposed to build an addition to the Parish Hall. Although one building would remain, its western side would include a four-story church element, and its eastern side would include a multifamily 4 ©2018 Thomson Reuters