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Board denies appeal in Sean Hughes permit dispute; counsel says planning commission must act on nonconforming expansions
Summary
The board denied an appeal of a building-permit denial for a tool-room addition at a property where an earlier variance allowed an open-air canopy; city counsel told the board that expanding a nonconforming use requires Planning & Development Commission approval.
The Long Beach board considered an appeal by Sean Hughes of a code office denial for a building permit to add an attached 8-by-16 tool room to an existing open canopy structure. Counsel provided a detailed chronology: Hughes had obtained a variance and permit in March 2025 for an open, nonconforming canopy; later the applicant began construction of an attached tool room without a permit, prompting a stop-work order and citation. Counsel said the later permit application was denied by the code office on July 2, 2026, and the denial was appealed to the board.
Counsel advised that under the city's land-use ordinances expanding a dimensional nonconformity requires Planning & Development Commission approval before the code office can grant or deny such an amendment. As counsel put it: "it it is my my legal opinion that the denial by the code office...was really without authority to either deny or grant it." The board nonetheless moved to deny the appeal, directing the applicant to seek a variance or amendment from the Planning & Development Commission; the motion to deny the appeal passed by voice vote.
