Board affirms Planning Department determination that 498 Hoffman Ave. is legally limited to two units

The Board of Appeals on May 22 denied an appeal by owners Nicholas Andrade and James McDermott seeking to confirm a higher legal dwelling‑unit count for 498 Hoffman Avenue. Attorney Alan Soule argued the Notice of Special Restrictions (NSR) recorded in 1987 was void because it used an old legal description and that multiple city records had since identified the building as three units; Soule asked the Board to restore or confirm a three‑unit count.

Planning Department representative Scott Sanchez and Senior Building Inspector Joe Duffy reviewed historical permit records and a 1987 certificate of final completion (CFC) that the City says lawfully reduced the building to two units as a condition of an earlier subdivision and permitting process. Planning staff also noted the property sits in an RH2 zoning district that permits a maximum of two units, and that the 1987 NSR was recorded contemporaneously with the subdivision approvals. DBI staff acknowledged some recordkeeping inconsistencies in later 3R reports and job cards but said the controlling legal record is the CFC and associated NSR.

Commissioners examined title reports, 3R reports, microfilm permit records and building plans presented to the Board and debated whether the NSR recording error rendered the restriction void and whether the appellants reasonably relied on the title search at purchase. After discussion the Board found the preponderance of documentary evidence supported the Planning Department’s determination. President Chris Huang called the motion to uphold the letter of determination; the motion passed 5–0. The Board noted the rehearing rules prevent further rehearing requests on this matter.