The developer sought a special exception for a theoretical lot subdivision to build 13 houses on a single lot in the Chain Bridge Road/University Terrace Tree and Slope Protection Overlay District.  Four houses would have street frontage and could be built by right.  The board took voluminous evidence in seven sessions of hearings and made findings that substantially smaller lot and larger dwelling sizes and the siting of the dwellings would be inconsistent with the neighborhood and the purpose of the district; that one house would “tower” over the road; that effectiveness of the proposed stormwater system was not proven and adjacent parkland and a stream would not be protected; and that the density would fatally damage an overwhelming number of protected trees.

The findings rejected much of the developer’s evidence, mirrored concerns of an advisory neighborhood commission, and reflected concerns raised by the Office of Planning, and the Urban Forestry Administration, and Department of Transportation. Affirming the denial, the court stated that the decision was consistent with requirements for the district and that there was substantial evidence to support each finding.

Dorchester Assocs.,LLC v. D.C. Bd. of Zoning Adjustment, 2009 WL 2175850 (DC Ct. App. 7/23/2009)

The opinion can be accessed at: http://www.dcappeals.gov/dccourts/appeals/pdf/07-AA-998_MTD.PDF

This abstract appears in the October 2009 issue of Planning and Environmental Law published by the American Planning Association.  For subscription information see: http://www.planning.org/PEL