Commission disapproves CUA to legalize merged units at 1812–1816 Green Street after hearing long enforcement history
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Summary
Planning staff recommended disapproval of a conditional‑use authorization to legalize an apparent merger that would remove two rent‑controlled units. The owners asked for a continuance pending a DBI unit‑count verification; after debate the Commission rejected a continuance and voted 4–3 to disapprove the CUA, citing loss of rent‑controlled housing and insufficient justification for legalization.
The Planning Commission considered a conditional‑use authorization (CUA) request at 1812–1816 Green Street to legalize unpermitted demolition and a dwelling‑unit merger. Staff recommended disapproval, citing the property's long enforcement history, a corrected 3R unit‑count record and the likely net loss of two rent‑controlled units, which would conflict with the city’s general‑plan housing objectives.
Applicant Adrienne Dollard said she and her wife had pursued unit‑count verification with the Department of Building Inspection (DBI) and argued that historical records (Sanborn maps, water department records and directories) showed the building may have been originally single‑family; she requested a continuance so DBI could issue a unit‑count determination and, if needed, the Board of Appeals could resolve the factual dispute. Dollard described the stress on her family from the prolonged enforcement process and asked for an opportunity to be heard on the verification permit.
Commissioners debated whether a DBI determination would materially affect Planning Commission application of the Planning Code. Deputy City Attorney Kristen Jensen advised that if a DBI/Board of Appeals outcome would affect the Commission’s legal analysis, a continuance could be appropriate. The Commission voted on a motion to continue to allow the building department process to proceed; that continuance failed. The Commission then took up the staff recommendation and voted 4–3 to disapprove the requested CUA, citing the preservation of rent‑controlled units and inadequate justification for legalizing the merger without full due process and required discretionary review.
Ending: The motion to disapprove passed 4–3; staff will proceed according to enforcement procedures and the DBI unit‑count verification remains available to the applicant as a separate administrative path.
