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TYLER v. DIST. OF COL. BD. OF ZONING ADJ.

No. 90-1418.

606 A.2d 1362 (1992)

Geoffrey TYLER, et al., Petitioners, v. DISTRICT OF COLUMBIA BOARD OF ZONING ADJUSTMENT, Respondent, Bronberg, Inc., Intervenor.

District of Columbia Court of Appeals.

Decided April 17, 1992.

Attorney(s) appearing for the Case

James T. Draude, Washington, D.C., for petitioners.

C. Francis Murphy, with whom Louis P. Robbins and Jonathan L. Farmer, Washington, D.C., were on the brief, for intervenor.

John Payton, Corp. Counsel and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., filed a Statement in Lieu of Brief for respondent District of Columbia Bd. of Zoning Adjustment.

Before ROGERS, Chief Judge, FARRELL, Associate Judge, and PRYOR, Senior Judge.

FARRELL, Associate Judge:

In granting the two area variances disputed here, the Board of Zoning Adjustment (BZA or Board) stated that its decision was not, and could not be, "based on economic factors." Because we are unable to determine from the Board's decision what non-economic factors formed the basis of the decision, and because we think the Board's disavowal of reliance on economic considerations (despite explicit testimony by the applicant's witnesses...

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