Building Standards Appeals Board Regular Meeting - May 21, 2026
Building Standards Appeals Board Regular Meeting - May 21, 2026
The Building Standards Appeals Board met on May 21, 2026, to consider an appeal of a Code Enforcement notice and order for property at 1347 E. Shields Ave., Fresno. The appeal concerned two unpermitted structures—a covered patio and an enclosed patio—that the city alleged were added without required plans, permits, or inspections. After hearing staff and the appellant, the board voted 3-1 to confirm the notice and order, requiring the appellant to correct the violations.
Consent Calendar
- Approved minutes: The board unanimously approved the April 7, 2026 Building Standards Appeals Board Regular Meeting minutes.
Public Comments & Testimony
- No members of the public offered testimony during the public comment period.
Discussion Items
- Staff presentation: Deputy City Attorney III Christina Pina presented the case, stating that a December 2025 complaint alleged the single-family home was being operated as a duplex. Inspector research found historic permits from 1948–1950 for earlier additions but no permits for the covered and enclosed patios observed during a December 17, 2025 inspection. A 1960 Sanborn map and 2025 aerial imagery showed these structures were built later without permits. Pina concluded both additions violated the Fresno Municipal Code and recommended the board confirm the notice and order.
- Appellant testimony: Marichele Porter, the property owner, explained she purchased the home in 2020 from a flipper who performed cosmetic work. She argued the enclosed living area was a garage conversion documented in County Assessor records from 1950 and should be grandfathered, claiming permits were not required by Fresno City until 1958. She expressed concern that enforcement could displace a mother and her two children renting the unit and that the cost of permitting (upwards of $30,000) was financially burdensome. She requested dismissal of the violation related to the enclosed space or, alternatively, a safety inspection in lieu of full permitting.
- Rebuttal: Pina countered that the City of Fresno’s permit requirements predate 1958, noting permits were on file for the property from 1948–1950. She emphasized that the disputed structures do not appear on the 1960 Sanborn map and that the appellant’s submitted documents could not be verified. She stated that the residential building record form appeared to be from after 1994 and its handwriting was unverifiable.
- Board discussion: Board members debated the age of the structures, the reliability of historical records, potential life-safety concerns, and their obligation to apply the Fresno Municipal Code using a preponderance of evidence standard. Board Member Field noted the difficulty in determining when the additions were built. Chair Golik expressed doubt about the sufficiency of evidence to confirm the violations. Board Member Vincent acknowledged the appellant’s difficult situation but stated the board must apply the code. The board discussed the possibility of flexible timelines if the appellant worked with the Building Division. The board also heard from staff that the building department could work with the owner to evaluate the structures against the code in effect at the time of construction.
Key Outcomes
- Motion to confirm notice and order: Vice Chair Vincent moved, and Board Member Field seconded, to confirm the Notice and Order issued January 2, 2026, in its entirety (Option 1). The motion carried 3-1, with Vincent, Field, and Mears voting aye, Golik voting nay, and Board Member Ransom absent.
- Next steps: The appellant is ordered to repair/correct the confirmed violations (unpermitted covered patio and enclosed patio). The board encouraged Ms. Porter to work closely with the Building Division, which offered flexibility and extended timelines as long as progress toward compliance continues. A progress hearing will be scheduled within 30 days of the meeting date.
Meeting Transcript
Okay. I now call this meeting for the building standards appeal board to order. City staff, please call roll. Board member ransom. Board member Mears. Board member Mears. Board Member Fields. Here. Vice Chair Vincent. Present. Chair Golek. Present. Okay. Uh for each of the each matter considered by the board, there will be uh first a staff presentation, followed by a presentation from the project applicant, then discussions by the board. Both staff and the applicant will have the right to a rebuttal presentation prior to closing the public hearing. Public uh comment on matters on the agenda will be taken during agenda. Item number six. All public testimony will be limited to three minutes per person, and all public testimony must be presented to the board at the podium. Silence my phone in case. Any testimony that references race, religion, ethicity, economic status, national origin, or any other classification protected under the state and federal law is a derogatory manner and shall be deemed irrelevant and will not be considered by the board in making this determinations. After the rebuttal, board members may ask questions of either party, and the board will then close the hearing and discuss the appeal and deliberate on the appropriate actions. Second. All in favor say aye. Okay, the agenda is approved, and uh we'll move on to the consent calendar. On the consent calendar, we have uh we have uh the approval of the uh minutes by planning. Is there a motion to approve the consent calendar? I move I move to approve. Second, second. Uh okay. All in favor say aye. Aye. Any opposed? All right. The consent calendar is approved. Now we'll move on to reports by board members. Do each of you have a report uh to make at this present moment. Okay. And uh now we'll move for uh move on to the public comment. Any comments from the public? Okay, so we'll move on to continued matters. Uh so are there any continued matters that you wish to address? No. So we'll move to new matters. Okay, now we have actions pertaining Fresno uh um Fresna Code Enforcement Case number E 25-1666 0 concerning 31347 is Shields Avenue and the notice and order issued on January 2nd 2026. Is there a staff presentation? Good afternoon, Christina Pinia, the city of Resno. Okay. This is regarding code enforcement case number. E25-16660. Uh, the address at 1347 East Shields Avenue regarding a notice and order that was issued and has been appealed for by the property owner.
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