Board upholds zoning administrator’s determination that 535 Green Street’s last legal use was retail

The Board of Appeals on April 24 found that the Zoning Administrator did not abuse his discretion in issuing a letter of determination that the property at 535 Green Street (the Buangusto Sausage Factory) had a last legal use classified as a basic neighborhood sale or service.

Build Inc., the master tenant represented by Michael Yarny, argued the building’s historical and permit record showed the site operated as a sausage factory and manufacturing space, not a neighborhood-serving retail store. The appellant said that a ruling that the site’s "last occupied" use was neighborhood retail would prevent a proposed artisanal salumeria and full-service restaurant with tasting/function space.

Zoning Administrator Scott Sanchez reported his review of building-permit records and a certificate of final completion that, in his view, supported a retail classification in the city file. He and Planning Department staff noted the code’s intent to rely on the last legal use recorded in city files to prevent retroactive legalization of illegal conversions. After a record review and public comment addressing neighborhood character and potential noise concerns, the board voted 4–1 that the zoning administrator had not erred or abused discretion in the letter of determination.

What happens next: The appellant may consider a conditional-use approach if the owner pursues restaurant uses, but the Board’s action upholds the Planning Department’s interpretation for the current LOD.