Board continues hearing on alleged illegal unit at 669 San Jose Avenue to prevent displacement

The Board of Appeals unanimously voted to continue an appeal concerning a Department of Building Inspection order related to an alleged illegal ground‑floor unit at 669 San Jose Avenue and placed the item on the board's indefinite calendar for periodic review.

Appellant Vassa Mulas explained the ground‑floor unit houses her disabled son and said the family was unaware the unit was unpermitted when they purchased the building. Planning and DBI staff told the board that the property sits in an RH2 zoning district that does not permit adding a third dwelling unit; staff said the owner could pursue legal habitable rooms or a wet bar solution but not a full independent unit without zoning changes.

DBI enforcement staff said a Notice of Violation (NOV) had not been issued in the record as presented and that, where appropriate, DBI would work with the owner and designer to determine whether the space could be legalized within zoning limits. The board voted 5–0 to continue the matter to the call of the chair, with staff to revisit the case in two‑year intervals to reduce the risk of immediate displacement while options are explored.

What happens next: Continuance gives time for the owner and DBI to assess whether the unit can be made code‑compliant as non‑independent habitable rooms or whether abatement is necessary; staff indicated willingness to help the owner explore permit options that avoid eviction where possible.