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Magistrate orders kitchen removal, 90‑day status check in ground‑floor living‑space case
Summary
In City v. Wheeler, the magistrate found the first floor of a 1984 post‑firm structure was converted to living space without permits, ordered removal of the kitchen to return the space to a garage/utility configuration and set a 90‑day status check for Dec. 14, 2026.
The magistrate found that the first floor of a property owned by Timothy Wheeler (and the estate of William J. Dudley) constitutes living space that is not permitted under the property's variance and city code and ordered corrective measures, including removal of a first‑floor kitchen if necessary.
Building records introduced by the city's building official Curtis indicate a 1983 variance allowed only a bathroom and utility room, not a residential apartment: "There is in our records a variance that was done for the property back in 1983, which allowed for... a bathroom and a utility room," Curtis testified. Magistrate Augello said compliance would likely require removing the kitchen and ensuring no one lives on the first floor, then continued the matter for a status check in 90 days. No fines were assessed at the hearing; the magistrate emphasized the city can enforce code if respondents cannot produce evidence showing lawful nonconforming status.
