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Owner withdraws special‑use application for 405 E. Division St. after staff cites building code violations and missing Certificate of Compliance
Summary
An application for a grocery/smoke shop at 405 E. Division St. (SP‑2432) was withdrawn after staff told the owner the building lacks a current Certificate of Compliance and has an extensive history of violations; staff advised inspection and correction before the application can be reconsidered.
The commission accepted the withdrawal of special use application SP‑2432 for 405 East Division St. after planning staff and code enforcement representatives told the board the property does not currently have the city‑required Certificate of Compliance (CFC) and has a history of violations dating to 2020.
A staff representative summarized the city’s position: the building had not held a valid CFC since 2017, code enforcement previously closed the tenant space for operating without required approvals, and the property has accrued “47 violations” since 2020. Staff said past variance requests to allow the current upstairs residential density were denied in 2021, and that the apartments above the storefront have not been formally established as lawful dwelling units under zoning and building standards.
Penny, speaking for owner Dominic Zavaglia, said the applicant’s proposed tenant could not attend the meeting and that the owner came to the meeting to discuss next steps. Staff advised the owner to proceed with a CFC inspection: once the owner receives the inspection report, the property must resolve identified violations and obtain any necessary building permits and approvals (including a review of the upstairs residential units) before the commission will consider a new special use permit application for commercial use at the storefront.
Following staff guidance, the owner agreed to withdraw the application and return after completing the CFC inspection and any required corrective work. Staff said the owner had already submitted the CFC application and would be contacted to schedule the inspection; after that inspection staff will provide a list of required corrections and the applicant may resubmit.
The commission did not make a recommendation on the special use permit; the withdrawn status requires the owner to complete code enforcement and CFC steps prior to future consideration.
