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Planning Commission continues contested 3847–3849 18th Street variance and discretionary review to July 18 after accusations of serial permitting
Summary
A dispute over extensive as‑built work at 3847–3849 18th St. prompted allegations of serial permitting, possible tantamount‑to‑demolition work and excavation of ~880 cubic yards; the Commission continued the variance/discretionary review to July 18 to allow coordinated DBI/Planning follow‑up and further evidence review.
The Planning Commission continued a contested discretionary review and variance application for 3847–3849 18th Street to July 18 after extended public testimony and staff presentations raised serious questions about the project’s permitting history and scope of as‑built work.
Planning staff documented a long history of permits and inspections dating back to 2014, including an initial over‑the‑counter permit to remove an illegal dwelling unit and multiple subsequent permits. Staff reported a notice of violation issued May 3, 2018 and said the site later generated enforcement activity. The staff report summarized a complicated permitting history and noted that, because some work was completed, it was difficult to verify quantities; site materials provided by the sponsor estimated excavation of approximately 880 cubic yards and a cumulative sequence of changes that could have required more discretionary review when originally proposed.
Kevin Chang, the doctor requester, alleged ‘‘serial permitting’’ and called the work a planned "hit‑and‑run," asserting 13 violations and asking the Commission to deny legalization and require returning the building to its original configuration. He described as‑built changes (large cavity excavations, dormer consolidations, and removal of an illegal unit) and provided photos and timeline claims.
The project sponsor representatives (design‑build firm principals) acknowledged management failings, apologized for permitting mistakes and said they have cooperated with enforcement and paid penalties (staff noted roughly $13,000 in fines and time/materials charges). They argued much of the work could have been permitted if the proper paperwork had been filed and asked the Commission to accept staff’s licensing and enforcement path. Zoning Administrator Corey Teague reminded commissioners that the removal of the illegal dwelling unit occurred in 2014 before the current conditional‑use requirement for such removals took effect, so the application does not arrive as a CU under current rules.
Commissioners requested additional coordination between Planning and the Department of Building Inspection (DBI) to reconcile as‑built and permit records, as multiple commissioners said they lacked the as‑built plans and DBI context necessary to make decisions. Given the complexity, the Commission voted to continue the joint variance/discretionary hearing to July 18 to allow staff and DBI time to prepare a coordinated record.
The continuance passed unanimously (5–0).
