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Foggy Bottom Ass’n v. District of Columbia Bd. of Zoning Adjustment, 791 A.2d 64

Facts

In July 1998, George Washington University (GWU) applied for a special exception to build a new hospital at 900 23rd Street, N.W., in a residentially zoned area. The proposed hospital would replace the existing facility and would be a six-story building with 400,000 square feet. The Foggy Bottom Association (FBA) opposed the application, arguing that the BZA erred in not postponing its approval until an Environmental Impact Statement (EIS) was determined and that the BZA failed to give 'great weight' to the views of the affected Advisory Neighborhood Commission.

In July 1998 GWU applied for a special exception to build a replacement hospital at 900 23rd Street, N.W. At that time the site of the proposed hospital, which is located in a residentially zoned area, was a surface parking lot with 265 spaces.

Issue

Did the BZA err in granting the special exception for the proposed hospital before determining the need for an Environmental Impact Statement, and did it fail to give 'great weight' to the Advisory Neighborhood Commission's views?

The FBA asserts that the BZA erred in refusing to postpone its approval of the special exception until after the need for an Environmental Impact Statement had been determined.

Rule

To obtain a special exception, an applicant must show that the university use is not likely to become objectionable to neighboring property due to noise, traffic, or other conditions. The BZA must provide substantial evidence to support its findings and decisions.

Under applicable regulations, a “university hospital” may be built in an R–5 district only if the BZA grants a special exception. To obtain a special exception, an applicant must show that the university use “is not likely to become objectionable to neighboring property because of noise, traffic, number of students, or other objectionable conditions.”

Analysis

The court found that even if the BZA erred in granting the special exception before the EIS was determined, such error was harmless because the Department of Health later concluded that no EIS was necessary. The BZA's decision was supported by substantial evidence, including testimony from GWU officials and traffic experts, and the conditions imposed were deemed sufficient to mitigate potential negative impacts.

We need not decide whether the BZA erred in failing to wait for an EIS review before granting the special exception because, even if it did, we are satisfied that any such error was harmless.

Conclusion

The court affirmed the BZA's approval of the special exception for the new hospital, concluding that the BZA's decision was supported by substantial evidence and that any procedural error regarding the EIS was harmless.

The BZA's approval of the special exception for the new hospital is Affirmed.

Who won?

George Washington University prevailed in the case because the court found that the BZA's decision to grant the special exception was supported by substantial evidence and that any procedural error regarding the EIS was harmless.

The BZA concluded that GWU had met its burden of proving that the special exception was in harmony with the general purpose and intent of the zoning regulations and maps, and that the project would not have an adverse effect on the local community.

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