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Board continues contested 1439 Fifth Ave. permit to March 18 for DBI site inspection
Summary
Neighbors challenged an Oct. 10 remodeling permit at 1439 Fifth Ave., alleging inconsistent plans and that the building is legally a two‑unit structure; DBI agreed to inspect and the board continued the appeal to March 18 to allow the department to report back.
Neighbors appealed an alteration permit issued Oct. 10, 2014 for work at 1439 Fifth Ave., raising concerns that plan sets provided to neighbors were inconsistent, that the house may be a legally two‑unit building (the 3‑R report and assessor records list two units) and that multiple kitchens and bedrooms suggest a use inconsistent with the permit filed as single‑family.
Appellants provided schematic drawings and neighborhood testimony describing as‑built conditions they said did not match the permit. The owner’s representative, Tony Pang, said the family had followed permit instructions once alerted by inspectors and that earlier inconsistencies were the result of drafting errors or misunderstanding. DBI inspector Joe Duffy reviewed records and pointed out a 1979 certificate indicating two apartments and said he would arrange a site visit to verify existing conditions and the stage of construction.
Given conflicting records and the possibility the property’s legal unit count differs from the permit filing, the Board continued the appeal to March 18 to give DBI time for an on‑site inspection and for parties to submit updated briefs; the board said if the permit holder wishes to cancel and reapply with an appropriate permit they may do so to accelerate resolution.
