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Portside residents press Planning Commission to reopen conditional use permit over garage violations
Summary
Residents of the Portside condominium complex told the Planning Commission that a garage serving 401 Main Street has repeatedly violated conditions of its conditional use permit and that enforcement has been ineffective; they urged the commission to schedule a hearing to modify the CUP and review enforcement actions.
Residents and owners from the Portside condominium complex addressed the Planning Commission during public comment to ask the department to reopen and modify a conditional use permit for the Portside garage at 401 Main Street.
David Hartsell, speaking as a Portside resident, said the enforcement division had failed to secure compliance and described undersized parking spaces, pillars intruding into spaces, missing secure bicycle parking, and safety problems for older residents and families using the garage. John Cormell, president of the homeowners association, said the original approval anticipated 450 spaces but later construction and contaminated soils reduced capacity and led to a permanent reliance on valet operations that neighbors say were never implemented as conditioned.
Attorney David Sincata (representing the Portside Homeowners Association) asked the commission to exercise discretionary authority under Planning Code section 303F to modify the 1989 conditional use permit because the underlying garage operation and ownership structure differ from the approved permit conditions. He said notices of violations were issued and a permit was approved by enforcement in May 2021, but no work or posted notices followed and residents could not find a permit to appeal.
Commissioners asked staff to investigate. Director Hillis told residents to contact staff (and Liz Waddie) and staff committed to follow up, saying it was the first they had heard in this hearing and that they would look into enforcement records and the notice of violation referenced by callers.
Next steps: staff indicated they would research the Portside complaints and contact the homeowners and the enforcement division for records. The commission did not take formal action at the hearing but directed staff to investigate and report back.
