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Board upholds ADU conversion of a detached three‑car garage at 180 Winfield Street
Summary
The board denied an appeal and affirmed a site permit authorizing the conversion of a detached three‑car garage into a single accessory dwelling unit (ADU). Planning staff said subterranean excavation within the existing footprint does not expand the above‑grade building envelope, and DBI/planning found the ADU met code; open enforcement matters on a separate rear addition will proceed through enforcement channels.
The Board of Appeals denied an appeal challenging a January 4, 2018 site permit to convert a detached three‑car garage at 180 Winfield Street into one accessory dwelling unit. The decision came after testimony from the permit applicant, tenants claiming unpermitted prior work, and Planning and DBI staff.
Appellant Brian Fleener — a tenant and lessee of one garage stall — said prior “form 8” (no‑plans) permits on the property had been followed by extensive concealed excavation and interior demolition and argued the ADU application improperly incorporated recently created below‑grade space and reduced tenant amenities. He urged rescission of the ADU permit pending a fuller review of prior work and enforcement actions.
Property owner Kim Wynne and planning staff said the ADU site permit was reviewed under the city’s ADU rules and Planning concluded that excavation below the existing footprint (creating basement or habitable space under existing walls) does not expand the above‑grade building envelope as it existed three years prior, and so meets the ADU standard. Planning also noted that separate enforcement matters related to a rear addition on the main building remain open and are being processed by Planning and DBI.
DBI confirmed the ADU site permit was issued after review; the permit was suspended when the appeal was filed. DBI said inspections had occurred on multiple related permits, and that open complaints exist on other addresses associated with the site; those enforcement matters are separate from the ADU determination. After deliberation the board voted to deny the appeal and uphold the permit as properly issued.
Next steps: the ADU permit stands; DBI and Planning will continue to process separate enforcement complaints and any remediation needed on related work elsewhere on the property.
