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Board denies appeal of planning notice of violation for 33 Norfolk; planning enforcement process to continue

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Summary

The Board of Appeals denied a property owner's appeal of a planning notice of violation alleging unauthorized nighttime entertainment use at 33 Norfolk Street; the board upheld the NOV and directed the usual abatement/fee reconciliation process to proceed.

The San Francisco Board of Appeals on May 7 denied an appeal from the owner of 33 Norfolk Street, Paramount Estate LLC, of a planning notice of violation (NOV) that alleged an unauthorized change of use at the property (an operator known as Enzyme Collective/Enzyme SF had used the site for nighttime entertainment and other activities not authorized under the property’s zoning). The board’s vote to deny the appeal was 4–0.

Lede

Paramount had argued it and its lessee attempted to comply, that the lessee had vacated the premises, and that planning staff had given mixed directions about abatement and the assessment of time‑and‑materials fees. The property owner sought a board order declaring the NOV abated and nullifying any time‑and‑materials administrative fees; planning staff said the NOV should be upheld and that the department will follow its stated abatement process, including confirmation of vacatur and assessment of time‑and‑materials fees where applicable.

Nut graf

Commissioners denied the appeal on the grounds the planning NOV had been properly issued, but the board and staff described a clear path…

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