Staff presented case number 35-251805 for 1805 Church Avenue and told the board that when a nonconforming use is discontinued for more than 12 consecutive months any new use must conform to current regulations. The staff report said the BZA may determine whether the nonconforming use may continue and may require safeguards, conditions and design standards to minimize impacts.

The staff presentation noted the property was purchased by the applicant on 06/18/2025 and is zoned R-4 (attached residential district). Staff described circumstances in which a nonconforming use may be permitted to continue if it is the original use of the structure and appropriate conditions are imposed to protect the neighborhood.

Khalil Sloan, who said he bought the properties in June, told the board the front unit at 1804 Columbia is rented and the rear unit at 1805 Church Avenue is occupied by a tenant; he said he wants to complete repairs and bring the property into compliance. Sloan told the board he bought a portfolio of properties from an estate and that the prior owner had maintained occupancy until his death.

Board members and staff discussed whether the matter is properly a nonconforming-use continuation rather than a use-variance, and staff clarified that variance-review criteria in section 12.26.1 may not apply when the BZA is determining continuance under the nonconforming-use provision. Staff noted the hearing and public-notice requirements for the BZA’s determination.

The transcript records questions from the board about purchase method and vacancy history; staff and one member observed the property had been vacant after the prior owner's passing and that some parcels in the previous owner's portfolio had been maintained until that event. The staff report concluded and the applicant indicated he intends to pursue whatever permitting or repairs are needed to bring the unit into compliance.