Petitioners, a historical association and a neighborhood council, sought review of a decision and order of the District of Columbia Board of Zoning Adjustment (BZA) which granted, subject to specified conditions, the application of a federation of state medical boards for a “special exception” to use its existing residential building in a historic district as an “advocacy” or lobbying office.
The Court of Appeals held that:
- The BZA’s decision and order were not subject to a heightened level of scrutiny as compared to usual zoning cases simply because the BZA’s findings and conclusions allegedly “largely mirrored” the proposed order submitted by applicant;
- Applicant was qualified for a special exception as a “nonprofit organization” under the zoning regulations;
- The BZA erred in failing to accord “great weight” to the Office of Planning’s (OP) recommendations about staffing, meetings, and receptions;
- BZA’s erroneous failure to give “great weight” to OP’s recommendations was not harmless; and
- Substantial evidence supported the BZA’s finding that the amount and arrangement of parking spaces was adequate.