2025-10-22 Appellants Exhibit 19_Letter to PC

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premises to create additional gathering space under strict statutory interpretation. Planning Department Rule 23 administers the zoning code, Section 25-4-60-63 and does not and cannot authorize what the zoning code does not expressly authorize.' Yet, somehow on August 8, 2024, three months after Act 17 changed the status of transient accommodations in existing building or premises not used for single-family residential use, Deputy Director Darrow approved PL-NUCR-2024- 002371, changing the two-bedroom nonconforming use certificate to a four-bedroom nonconforming use certificate for the short-term vacation rental located in the SMA and VE flood zone at 14 Oeoe Street, TMK (3)2-1-018-013. Attachment-4 (2024 NUCR). The Planning Department's STVR enforcement division did not even require that the owner submit a change form and updated floor plan required under the 2023 NUCR conditions of approval, Attachment-5 (2023 NUCR), and Planning Department Rule 23. Neither did the enforcement division require a SMA use permit assessment application (SAA) under Planning Commission Rules 9-4(u) and 9-10, which is the same as in this case.2 Twice now, after Act 17's May 3, 2024 effective date, Mr. Darrow, in his role as Deputy and Director, has signed off on the expansion of this transient accommodation rental located in the SMA and VE flood zone at 14 Oeoe Street, 1 See also, PD Rule 23-7(b) "No new STVR can obtain a Registration under this section." 2 PL-SAA-2025-000280 is an uncompleted and unsigned SMA assessment form that the planning department uses. None of the additional information required by PC Rule 9-10 Assessments was attached. 5 APPELLANT EXHIBIT 19, pg. 5 of 41