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Debate at Abatement Appeals Board over missing stained glass, fixtures at Fillmore Street school
Summary
The board heard arguments over removed stained-glass windows and fixtures at 554 Fillmore Street (Mission Dolores Academy). After several motions — including a failed 30‑day continuation and a failed motion to uphold with 60 days — the board continued the matter to its December meeting for further review.
The Abatement Appeals Board spent the largest portion of its Nov. 16 agenda on Case 6753554, an appeal concerning unpermitted removal of pews, altars and two stained‑glass windows at 554 Fillmore Street, property associated with Megan Firth Catholic Academy (now Mission Dolores Academy).
John Hinton, acting senior building inspector, told the board inspectors found removal of stained glass and fixtures visible from the street, issued a stop‑work notice, and concluded the work required building permits. "We're not asking them to bring them back. We're not asking them to replace them," Hinton said, "What we're merely asking them to do is to abide by the building code and to get a permit for the removal." The department recommended upholding the order of abatement and imposing assessment of costs.
Appellant counsel Clint Cowan and board chair Bob Lalon said much of the removed material was personal property sold to support the academy and argued exemptions tied to religious affiliation and AB 133. Lalon described the academy as "k through 8 educating 300 low income family kids" and said proceeds were needed for tuition; he argued the stained glass had been donated and moved to other churches.
Commissioners debated options: Commissioner Murphy moved to continue for 30 days to allow the appellant to apply and obtain sign‑offs; that motion failed on procedural vote thresholds. Commissioner Walker moved to uphold the department recommendation and give 60 days; that motion also failed on roll call. The board then voted to continue the matter to its December meeting and asked parties to report progress, so the department and the appellant can either document compliance or return for a formal decision.
The debate included questions about whether windows and certain fixtures were permanently affixed (department inspectors said pews were bolted and altars were cemented) and whether removing glazing and boarding openings created risks such as dry rot. The department emphasized that replacing or documenting the work through permits and inspections would be the path to resolving the violation.
