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Board continues Ocean Avenue variance after staff and inspector questions; field inspection ordered
Summary
The board continued a variance appeal for 2325 Ocean Avenue to Jan. 10 after members asked DBI to clarify whether an enclosed underfloor (a 5-foot-high infill) was added without permits; commissioners requested a field inspection and additional briefing.
The Board of Appeals continued consideration of a variance appeal for 2325 Ocean Avenue (Marie Lewandowski v. Zoning Administrator) to the Jan. 10 meeting and requested a targeted field inspection and supplementary filings.
Zoning Administrator Lawrence Badner told the board the Department of Building Inspection issued a notice of violation describing a roughly 40-by-40-foot infill under the existing ground floor and a 30-by-6 deck about 7 feet above grade; Badner said he had intended to grant a minimal variance but later denied it after learning of additional unpermitted work. Appellants’ counsel argued the lower floor had historically been enclosed and that the deck serves as an emergency exit; neighbors said the configuration of nearby commercial properties often extended close to property lines.
DBI Chief Inspector Ron Tom explained that an inspector who visited the property reported new subfloor construction visible from an access door (new joists, girders and a floor plate). Commissioners asked DBI to confirm what the inspector saw (photos and notes) and requested a re-inspection to resolve whether a new floor plate had been added. The board closed public testimony and continued the item to Jan. 10, with supplemental reports and any new exhibits due on Jan. 4.
