2026-03-03 Replacement Amended Petition on Appeal PWD

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This is not a minor matter. Adding a 240 SF lanai and a 240 SF covered deck will expand the nonconforming use to cover more land and will increase the property's capacity to hold gatherings and parties, drawing even more vehicles to Oeoe Street, with cumulative and significant adverse effects on the surrounding neighborhood and Appellant's property rights. Relief Requested: Reverse the Director of Public Works' decision to issue Building Permit No. PW.B2024-005123 based upon the preponderance of evidence, that: (1) The director of Public Works erred in his decision and it is clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; (2) The decision violated the Code and other applicable laws; and (3) The decision was characterized by an abuse of discretion or clearly unwarranted exercise of discretion. (4) A statement explaining: (A) How the decision appealed from violates the law: The laws and rules that were violated are emphasized in bold and underlined: 1. 14 Oeoe Street has been registered and certified under zoning code, section 25-4-7 Short-term Vacation Rental (STVR) and Planning Department Rule 23 since 2019. The yearly nonconforming use certificate renewals (NUCR) are clearly displayed in EPIC for the building department to see. Turning a blind eye to the public records, and approving Building Permit No. PW.B2024- 005123 for the proposed addition of a covered deck over a concrete lanai and a new enclosed stairway that causes the nonconforming use to occupy a greater area of land than what is existing, the Director of Public Works violated Zoning Code, Section 25-4-61 Continuance of nonconforming uses of land and buildings, which provides: (a) Any nonconforming use of land or use of a building may continue to the extent it existed on December 7, 1996 or at the time of the adoption of any amendments to this chapter, provided that a nonconforming use may be enlarged within the building it occupies, but shall not be enlarged or increased to occupy a greater area of land, nor shall it or the portion of the building housing it be moved in whole or in part to any other portion of the building site occupied 5