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Commission approves lot merger at 950 Lombard/841 Chestnut after contested hearing over demolished historic resource

San Francisco Planning Commission · August 31, 2017
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Summary

After extended public comment and debate over an earlier unauthorized demolition and an enforcement settlement, the Planning Commission approved a conditional use to merge 950 Lombard and 841 Chestnut into a single lot, 4‑3 per roll call (final tally reported 4‑2), drawing objections from preservation groups and neighborhood associations who said the settlement rewarded bad behavior.

The Planning Commission on Aug. 31 considered a conditional‑use authorization for a lot merger that would combine 950 Lombard Street and 841 Chestnut Street into a single 15,735‑square‑foot lot in an RH‑1 zoning district.

Nick Foster of the Planning Department summarized the project history and enforcement events. He said the parcels had a complicated permit record, multiple enforcement actions, and a settlement agreement in June that resolved long‑running disputes related to unpermitted demolition and required that future permits be routed to planning. Foster concluded staff found the required findings for the conditional use were met and recommended approval with conditions.

Tia Catalano, representing the project sponsor, said the merge restores what historically had been a single lot and formalizes driveway access and below‑grade improvements the sponsor said were necessary because of steep topography. She described a long entitlement history predating current ownership and said the sponsor had cooperated with the city and reached a settlement with the City Attorney’s Office.

Neighbors and preservation advocates strongly opposed the merger. Kathleen Courtney of the Russian Hill Community Association urged denial, saying permits were obtained without adequate planning review and that the site’s historic resource had been lost. Architect Joseph Butler, representing the Little House Committee, described the demolished building as a significant Willis Polk design and argued the settlement’s penalties did not reflect the value of the lost resource, calling the practice “begging forgiveness” rather than following the law. Butler said the owner’s settlement payment (cited during the hearing) was insufficient to deter demolition.

Commissioners weighed competing considerations: staff contended that the merger would regularize a long‑standing functional lot configuration and that remaining historic fabric (a rear cottage) would continue to be treated as a resource for future work; opponents argued approval rewarded an owner who circumvented proper procedure and increased future developability. After debate the Commission approved the conditional use and merger by roll call with four votes in favor and two opposed (Commissioners Moore and Richards voted against). The record shows staff added conditions requiring planning review of future permits.

What this means: The decision regularizes current development and access arrangements on the site and permits the two existing dwellings to remain on one merged lot; opponents said the outcome undercuts enforcement and historic‑resource protections. The settlement and how penalties for unpermitted demolition are set remain topics the department said it will continue to examine in future cases.