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McLeods seek rehearing on appeals decision for Fifth Avenue project

October 25, 2023 | San Francisco City, San Francisco County, California


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McLeods seek rehearing on appeals decision for Fifth Avenue project
The San Francisco City Council convened on July 4, 2025, to address several agenda items, including a rehearing request concerning appeal number 23-030 related to a property at 14420 Fifth Avenue. The meeting commenced with the adoption of previous minutes, which passed unanimously with a vote of 5 to 0.

The primary focus of the meeting was the rehearing request presented by appellants Bruce and Deborah McLeod. They sought to revisit the board's decision made on September 27, 2023, which had granted a permit to Frank Balizzi for a project involving the replacement and expansion of a deck, along with the addition of a roof deck. The McLeods argued that their previous submission, a one-page status report, was not included in the board's packet during the initial hearing, which they claimed affected the outcome of the decision.

During the discussion, Mr. McLeod asserted that the executive director had failed to transfer their filing to the board, leading to a misrepresentation of their communication with the planning commission. He highlighted discrepancies in the board's documentation, claiming that the rejection of their report was unjust and that the historical record had been tampered with after their rehearing request was filed.

President Zwick engaged with Mr. McLeod, questioning whether he felt he had a fair opportunity to present his case during the initial hearing. Mr. McLeod maintained that he did not have the chance to fully respond to the information presented by the executive director, which he believed was misleading.

The board's deliberation centered on whether the McLeods had provided new evidence or demonstrated a failure of due process that warranted a rehearing. The outcome of this discussion remains pending as the board considers the implications of the arguments presented.

In conclusion, the meeting underscored the complexities of procedural fairness in city planning appeals, with the McLeods advocating for a reassessment of their case based on claims of miscommunication and procedural errors. Further deliberation by the board will determine the next steps in this ongoing matter.

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