Commission disapproves building permit after neighbors say contractor built stairs contrary to approved plans

The Planning Commission took action to disapprove a building permit application related to a 22-foot-high firewall proposed at the rear of a 4‑story, 2‑unit building on LaSatte/Lasat Street following highly contested testimony.

Tom Rohan, one of the Doctor requesters and an owner at 434–436 Waller Street, told the Commission he received no notice and that the contractor constructed a spiral staircase ‘‘in the wrong location’’ contrary to approved plans. Rohan argued the variance findings under Planning Code §305(c) were not met because the hardship was created by the contractor and the proposed firewall would remove substantial light and air from his backyard: "Somebody made a decision to build it in the corner that necessitates this firewall."

Property owner Nils Wheeland responded that the earlier building burned in a fire and that a firewall provides safety benefits; he said staff and the owner tried to meet with neighbors and attributed some construction differences to site constraints and miscommunications. Staff noted a notice of violation from the Department of Building Inspection and recommended approval of the project as submitted, but commissioners stressed the policy implications of allowing retroactive forgiveness when a contractor built contrary to approved plans.

Outcome: Commissioner Moore moved to disapprove the building-permit application on discretionary-review grounds; the motion passed unanimously (4–0). Commissioners discussed that the applicant or filer could appeal to the Board of Appeals; Commissioner Moore recommended the Board of Appeals be used to resolve the construction-versus-permit enforcement question.