Neighbors allege extensive unpermitted work at Fifth Avenue property; board continues appeal for DBI review

Neighbors urged the Board of Appeals to deny a permit for a proposed rear deck at 224230 Fifth Avenue, citing extensive demolition, deeper‑than‑permitted excavation, a newly built retaining wall and repeated stop‑work concerns. Appellant Marlene Kramer described prolonged jackhammering, dust and damage to her backyard fence and asked the board to deny the new structural deck because excavation and the new retaining wall allegedly occurred before required permits were issued.

Representatives for the permit holder said they had obtained multiple permits and that inspectors had appeared on site and provided guidance; the permit holder said many steps were taken to remedy issues identified by DBI. Planning and DBI staff acknowledged open enforcement matters connected to other additions on the property and confirmed the agency teams were continuing investigations and permitting reviews.

Given the volume of conflicting records and open complaints, the board voted to continue the matter to June 20 so DBI could research the complete permit and inspection history, gather photographs and site‑visit notes, and report back. The board advised the permit holder to refrain from additional construction until DBI completes its review. The continuance will allow both sides and DBI to present a fuller administrative record for the board’s consideration.

Next steps: DBI will compile the permit and inspection history and provide the board with an update; the matter will return to the board on June 20 for further action.