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Board conditions Pacheco Street permit after inspectors find rooms in use as bedrooms
Summary
After DBI inspection found rooms and doors being used as bedrooms and other plan inconsistencies at 4400–4402 Pacheco St., the board granted an appeal and conditioned the permit on reverting Second and Third Floor living and dining rooms to their original open configuration to reduce risk of de facto rooming/ group housing.
The Board of Appeals on Feb. 10 addressed an appeal contesting an alteration permit for 4400–4402 Pacheco Street amid neighbor concerns that the remodel had resulted in de facto rooming/group housing with many bedrooms and potential safety and parking impacts.
Appellant Stephen McDonough argued the project had been misrepresented on plans, that living and dining rooms had been walled off and used as bedrooms (locked doors reported), and that the design and use suggested an informal rooming‑house pattern with insufficient oversight. "We strongly urge you to grant this appeal and withhold this permit," McDonough said, citing safety and neighborhood character concerns.
Permit representatives said the new permit was intended to address prior issues; they disputed that the building constituted group housing and said they had inspection records and would comply with corrections. DBI inspector Joe Duffy reported a site visit during which he found rooms being used as bedrooms, locks on doors, and other plan inconsistencies (wet‑bar set‑ups in former storage areas). Planning staff explained the distinction between a permitted design (two dwelling units) and an unlawful use (group housing). Planning noted the code allows up to five unrelated persons per dwelling unit; use beyond that threshold would require separate authorization and enforcement.
To address immediate neighborhood concerns and plan inaccuracies, the board voted to grant the appeal and impose a condition that the Second and Third Floor living‑room and dining‑room plans revert to the existing (pre‑construction) condition as shown on the approved sheet A‑1, on the basis some work had been done without permit. The board also directed DBI and Planning to follow up on outstanding corrections and enforcement steps.
Outcome and next steps: The permit was conditioned to revert interior living/dining spaces to their prior open configuration; DBI indicated it would document violations and issue correction notices or notices of violation as needed. Planning and DBI will coordinate any needed plan revisions and enforcement.
