Board grants rehearing and overturns NOV for 5024/5030 Third Street to reset enforcement and permit path

The Board of Appeals granted a rehearing request and then granted the underlying appeal on March 10, overturning a Notice of Violation (NOV) related to properties at 5024 and 5030 Third Street after planning staff discovered the NOV failed to note a possible path to legalize an Internet service exchange through conditional-use authorization.

Planning staff said a technical oversight in prior enforcement records had led parties to believe the Internet service exchange was not legalizable; in fact, staff identified a route to legalization via conditional-use authorization that would require owner authorization, application and a planning-commission hearing. Planning asked the board to grant rehearing so the enforcement process could be reset and the appropriate legalization steps could be followed.

Property owner Charles Jadalla told the board the basement Internet service exchange occupies a limited lease area and that retail space was not part of the tenant's lease; he asked for delay and said other disputes (including a near-term lease expiration) complicated the matter. Planning and board members said the rehearing-and-appeal route would allow the city to reissue corrected enforcement notices and restart the compliance process properly.

Commissioners agreed there was new information that could have affected the earlier outcome. The board voted to grant the rehearing request on that basis and then granted the appeal to overturn the NOV, allowing planning staff to reset enforcement and, if appropriate, pursue conditional-use and permit paths for legalization.