Commission orders discretionary review and restoration at 310 Montcalm after record of unpermitted work

Neighbors who live downhill from 310 Montcalm asked the Planning Commission to take discretionary review after a long history of unpermitted work at the address and alleged damage to adjacent properties. Complainants described that an unpermitted third floor and foundation work were constructed; they said drainage and flooding problems on adjacent lots followed and that their attempts to negotiate remediation had repeatedly failed. They also cited an ongoing City Attorney enforcement action involving the owner and other properties.

Project representatives acknowledged the history, offered three concessions (remove the proposed parking space, remove the front dormer, remove the rear dormers) and said the property was in escrow with a prospective buyer who could address neighbor concerns. Commissioners and staff discussed whether the existing rear bump-out had been a preexisting nonconforming condition and whether it could be restored; staff clarified that replacement of nonconforming portions would require variance and compliance with DBI corrections.

Citing consistent evidence of unpermitted work and prior enforcement actions, the commission voted to take discretionary review. The motion directed the owner to restore the building to its footprint as of November 5, 2015 (excluding previously nonconforming rear elements that would require separate approval), to omit the parking space, and to ensure the house is made habitable and brought fully to code, with a certificate of final completion and occupancy required before new occupancy.