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Commission denies unit‑merger request at 1016 Pierce Street after lengthy public comment and debate

San Francisco Planning Commission · December 2, 2021
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

After extended public testimony and a long debate about unpermitted work and enforcement, the Planning Commission voted 4–3 to deny a request to legalize a merger of two dwelling units into one plus an ADU at 1016 Pierce Street, citing concerns about sanctioning unpermitted construction and loss of affordable flats.

The San Francisco Planning Commission voted 4–3 on Dec. 2 to disapprove a request to legalize a merger of two units into a single family home with an accessory dwelling unit at 1016 Pierce Street.

Planning staff recommended disapproval, saying the proposal would sanction work completed without required permits and would remove two naturally affordable flats from the city’s housing stock. Laura Aiello (Planning Department) told the commission that the 2014 permit related to the property had not been completed and that the work performed exceeded the scope of that permit.

Owners Colin and Jenny Schmidt described buying and renovating the 1880 house, said they have lived in it since 2001, and argued the configuration better fits their family and allows them to stay in San Francisco. Dozens of neighbors and colleagues testified in support of the family’s ability to remain in the house; other commenters urged caution about approving unpermitted work.

Commissioners debated enforcement options, whether conditions recorded against the property could assure restoration if necessary, and the difficulty of distinguishing accidental interior changes (e.g., removing doors) from more substantial unpermitted structural work. Some commissioners asked staff and the city attorney whether a recorded condition requiring restoration upon sale could be made enforceable. A motion to continue for further research failed, and the commission ultimately voted to disapprove the merger 4–3, with Commissioners Tanner, Diamond and Fung voting against the denial.