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Board denies permit at 669 San Jose Avenue, upholds planning/DBI objection
Summary
The Board of Appeals voted 4‑0 to grant an appeal and deny the permit connected to 669 San Jose Avenue, finding the permit file before the board was not code‑compliant and recommending owners pursue the correct legalization permit.
The Board of Appeals on June 26 granted an appeal and denied a building permit tied to 669 San Jose Avenue (appeal 13‑018), voting 4‑0 that the permit as presented was not code‑compliant. Planning Department staff told the board the owner has been working to legalize a unit but the specific permit under appeal lacked necessary conditional use authorization. Department of Building Inspection senior inspector Joseph Duffy supported Planning’s position and recommended denial.
Planning staff explained that a separate legalization permit remains in process and that denying the older permit will not automatically force an occupant from the property; DBI said enforcement actions and the outstanding notice of violation would be addressed through the proper permit path. Commissioners said the denial is consistent with updated legislation and prior board direction to allow the owner time to secure a correct permit to legalize the unit.
The board’s vote to grant the appeal and deny the permit closes the specific 2012 permit file while leaving the path open for the owner to secure a code‑compliant legalization permit.
