Planning Commission approves legalization of dwelling merger at 2364—66 Fulton Street over dissent

The commission debated a staff-initiated mandatory discretionary review concerning a dwelling-unit merger at 2364—66 Fulton Street, a building with a complex ownership and permit history. Staff reported the building was built in 1906, the third floor had been legally divided in 1953, and a subsequent owner merged units without permits in 1998. The current owner bought the property in 02/2001 and sought to legalize the merger and proceed with planned remodeling.

Commissioners voiced conflicting views. Several commissioners objected to "rewarding" illegal conversion and asked why the owner had not regularized the situation earlier; others noted the property had long been in a nonconforming state and the present owner sought to resolve it. Staff and the zoning administrator explained prior entitlement rules and that legalization of a single unit merger had been permitted as a right in earlier years. The project sponsor and architect described building-code and egress constraints that would make restoration of a third unit infeasible without major interior reworking.

After motions and substitute motions, the commission voted (5 to 2) to not take discretionary review and to approve the project as proposed. Commissioners Antonini, Sue Lee, Bill Lee, Moore and Olague voted Aye; Commissioners Seguin and Alexander voted No.

The commission recorded that the decision may require follow-up building-permit work (kitchen reinstallation, egress) with DBI and that enforcement tools exist where noncompliance is suspected. The item concluded with staff noting the matter was resolved by the commission's action.