A permit that violates the Zoning Code is an illegal permit, period. The Administration is supposed to follow the Code as interpreted by the Judiciary, but Mr. Barry is free to 'Believe' otherwise.
In spite of his lack of legal acumen, Mr. Barry will always be my favorite CPHA president, development lobbyist, Benton Building insider and O'Malley fund-raiser all rolled into one. His legacy of citizen empowerment will include the "community task force" concept, in which individuals attend meetings called and controlled by a developer, and the "strong community support" concept, in which a developer pays a lot of money to locate the one or two people who will go along with something that everyone else finds problematic.
Magna est veritas et praevalebit*.