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A City building inspector was on site at that time, closing out Permit <br />B04-0441 for the underlying garage. Respondent Stephen Burns asked the <br />inspector directly whether a permit was required to replace what the tree <br />had destroyed and extend the eave to the CMU wall. The inspector advised <br />that no permit was needed for the eave extension. Respondents proceeded <br />in 2018, extending the eave to the CMU wall and enclosing the previously <br />covered area with walls on each end. Respondents acknowledge that the <br />2018 work as completed went beyond the simple eave-to-wall extension <br />the inspector’s advice contemplated, and that the work as completed <br />required a building permit. That is precisely why Respondents filed <br />Permit ADU22-0064 in November 2022** — to authorize a permit- <br />supervised correction of the 2018 work, including demolition of the <br />unpermitted enclosure, as part of the garage-to-ADU conversion. (The <br />companion Permit C22-0027 covers the separate main-house <br />renovation.)** <br />Respondents do not rely on the inspector’s advice to defeat Violation 1. <br />They rely on it to establish that they have been acting in good faith with <br />City direction since the day the prior covered structure was destroyed by a <br />tree. Since November 2022, Respondents have been actively trying to do <br />exactly what the citation now demands: bring the work into compliance <br />through the permit process. The City has not let them. <br />3. The Underlying Structure Is Pre-Existing <br />Nonconforming and Article 33 Protects It <br />Article 33 is the City’s own protection for older homes built before current <br />rules. The 1951 garage qualifies. Lot coverage on the parcel remains at <br />approximately 30.3 percent, well under the 40-percent maximum. The <br />footprint of the covered area at the location of the 2018 work did not <br />change; that area was previously covered by a shanty-style roof. <br />Article 33 expressly protects the underlying nonconforming garage. The <br />2018 work that exceeds the underlying structure — the enclosing walls <br />added in 2018 — is precisely what Permit ADU22-0064 is designed to <br />6.A. - Page 21 of 64 <br />23