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Trustee’s permit for rear cottage at 3828 Cesar Chavez paused after Planning Commission denies discretionary review
Summary
The Board continued a contested permit for a rear cottage at 3828 Cesar Chavez after the Planning Commission denied discretionary review to preserve affordable housing; DBI had suspended the permit for missed block‑book notice, and the board reset a shortened briefing schedule and continued the matter to Jan. 28, 2015.
A trustee’s permit to remove a kitchen and convert a rear cottage at 3828 Cesar Chavez was the subject of an extended hearing Nov. 5 after competing claims about whether the cottage is a separate, long‑term rental or an adjunct space to the lower unit.
Appellant counsel said the rear cottage has been rented independently under a separate lease and that the cottage functions as a discrete dwelling. The permit holder, a trustee handling a deceased owner’s estate, said the cottage is being reviewed to clean title and allow sale, and that the trustee followed DBI process when he applied for an over‑the‑counter permit.
Planning staff and the Planning Commission found reasons to disapprove discretionary review to preserve affordable housing; the Planning Commission voted to deny on Oct. 23. DBI had earlier suspended the permit because the planning department missed a block‑book neighborhood notice. Commissioners debated whether to resolve the matter tonight or allow a short new briefing cycle so the full facts about the cottage’s age and meter history (assessor records, water records, Sanborn maps) could be assembled.
The board set a new, shortened briefing schedule (five pages per party) and continued the appeal to Jan. 28, 2015 to allow both sides to file updated briefs and exhibits and to give staff time to locate historic records.
