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Council denies appeal of building‑permit denial, tells applicant to seek Planning Commission variance
Summary
The council denied Sean Hughes' appeal of a building-permit denial, with the city attorney advising that expansion of a nonconforming structure requires first seeking Planning and Development Commission approval under the city's land‑use code.
The Long Beach City Council voted to deny an appeal by Sean Hughes of a code-office denial for an amendment to a building permit related to an attached tool room on an existing nonconforming accessory structure.
City legal counsel Fraser summarized the chronology: a December 2024 variance request for a canopy-style accessory building was considered by the planning commission, a permit consistent with that decision issued in March 2025 allowing the structure to remain open-air, and later an attached 8-by-16 tool room was constructed without a separate approved variance. "It was about 04/1983 square feet... it encroached a couple of feet into that setback..." counsel recounted, then advised the council that under the Long Beach land‑use ordinance sections governing nonconforming situations the planning commission must consider and approve any increase in the extent of a nonconforming use before the code office may act.
After giving the applicant an opportunity to speak, a council member moved to deny the appeal and direct Mr. Hughes to seek the appropriate variance from the Planning and Development Commission. The motion was seconded and the council voted in favor; the motion carried. Counsel noted that the municipal court citation related to the stop-work order remains scheduled separately and that the denial here does not preclude the applicant from returning to the planning commission for a variance request.
The record references ordinance sections on nonconformities (sections 84 and 87 of the land‑use code) and flagged FEMA/flood-zone issues and other code requirements (no plumbing/electricity) as matters the planning commission and code office should address during their review.
