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Board continues complex alteration permit for 83440 Fourth Ave. to Dec. 17 for DBI site inspection and revised plans
Summary
The Board continued the appeal of an alteration permit for a heavily modified property on Fourth Avenue after parties and DBI recommended an on-site inspection to determine what portions of existing walls should remain to avoid triggering a demolition permit. The Board set a Dec. 17 return for revised plans and DBI findings.
The Board of Appeals continued an appeal over an issued alteration permit for 83440 Fourth Avenue to its Dec. 17 meeting and directed the Department of Building Inspection (DBI) to inspect the site and report on which existing walls can legitimately remain without requiring a demolition permit.
Neighbors and their representative (John Lau and engineer James Lee) questioned whether much of the existing structure was lawfully constructed, argued the project may be a de facto demolition, and asked for third‑party review and boundary surveys. Project representatives said the current application resulted from a lengthy three‑year plan check and coordination with DBI and Planning; permit holders argued the issued site/alteration permit and addenda were appropriate and that DBI and Planning had scrutinized the project.
DBI’s Joe Duffy and Planning’s Scott Sanchez said the case is complicated by prior unlawful work (2004 permit scope exceedance), subsequent moratoria and partial alterations. DBI agreed to inspect the site to verify existing versus 2004-vintage construction, investigate potential foundation encroachment, and help define what minimal existing walls could remain without creating a demolition-triggering scenario. The Board directed the permit holder to submit revised plans reflecting agreed changes and asked DBI and Planning to coordinate an on-site technical assessment. The matter was continued to Dec. 17, 2014; the Board required one week’s advance distribution of revised plans to parties.
