(16)   Administrative Review. 208
(a)   The recipient of a variance or special exception issued by the Zoning Board may request in writing to L&I a minor administrative adjustment to the variance or special exception, provided the variance or special exception has not expired as set forth in § 14-303(10) (Lapse of Permits and Approvals). 208.1
(.1)   Upon the filing of such a request, the Commission shall provide to the applicant contact information for each Registered Community Organization ("RCO") whose registered boundaries include the applicant's property and for the District Councilperson whose district includes the applicant's property.
(.2)   The applicant shall promptly send a copy of its request for administrative adjustment to each such RCO; to the District Councilperson; and to all persons or entities that entered an appearance in the matter before the Zoning Board; and shall certify to L&I that such notices have been provided. An appearance list shall be available for inspection at the Zoning Board.
(b)   No sooner than ten (10) days after certification of notice, L&I may approve a minor administrative adjustment to a previously issued variance or special exception, but only if it does not substantially alter the character of the structure originally approved; only if it does not conflict with a Zoning Board proviso; and only if it reduces the intensity of the previous approval. An administrative adjustment reduces the intensity of an approval if it: 208.2
(.1)   Provides for minor changes to reduce the footprint, gross floor area or height of the approved structure;
(.2)   Lessens the degree of impact related to dimensional variances;
(.3)   Lessens the number of approved dwelling units where applicable;
(.4)   Lessens the number or size of approved signs; or
(.5)   Makes comparable changes that reduce the intensity of the proposed use.
(c)   If any adjustment requested is approved, notice in writing shall be mailed by L&I to all persons or entities to whom notice was required to be sent under subsection (a)(.1), above, as well as to the Zoning Board. Within 14 days of the date of such notice, any such person may request in writing a hearing before the Zoning Board on the adjustment approved. The applicant shall provide notice of such hearing to all persons and entities required to receive notice under subsection (a)(.1). An approved adjustment does not become effective until expiration of the 14-day period or, if a hearing is requested, the conclusion of the hearing.
(d)   The denial of a minor administrative adjustment may be appealed to the full Zoning Board pursuant to § 14-303(15) ("Appeals"). The issue on such an appeal shall be limited to whether L&I properly denied the request for a minor administrative adjustment.
(e)   Upon approval of an administrative adjustment by L&I or the Zoning Board, L&I shall issue the applicant an Administrative Review Permit, which shall be posted in accordance with § 14-303(6)(f).
(f)   This subsection (16) shall supersede any Zoning Board of Adjustment regulations or procedures relating to Administrative Review.

 

Notes

208
   Added, Bill No. 180498-AAA (became law October 18, 2018).
208.1
   Amended, Bill No. 200260 (approved October 15, 2020).
208.2
   Amended, Bill No. 200260 (approved October 15, 2020).