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Board denies rehearing in mini-split permit dispute at 870 North Point
Summary
The Board of Appeals rejected a rehearing request over a mini-split HVAC permit at 870 North Point, finding no new facts or manifest injustice; the motion to deny carried 5-0.
The San Francisco Board of Appeals on July 17 denied a rehearing request from appellant Ali Shafi concerning a building-permit enforcement action and a mini-split air-conditioning installation at 870 North Point Street.
Shafi told the board he had submitted documents alleging new evidence of indoor air-quality problems and inspector errors. "This is not a HOA feud. This is about public service and integrity," Shafi said during his presentation.
The permit holder, Sean Olson, responded via Zoom that the copper pipe raised in Shafi’s presentation was unrelated to the mini-split at issue and had been removed for a separate citation. DBI Acting Chief Building Inspector Kevin Birmingham told the board the inspected space preexisted the mini-split installation, plans were reviewed by a mechanical engineer and there were no new facts warranting rehearing. "We believe there was no new facts or any new circumstances and this rehearing should not be granted," Birmingham said.
After discussion, the board found the rehearing standard — new evidence or extraordinary circumstances showing manifest injustice — had not been met and denied the rehearing request by a 5-0 vote.
The Board’s decision leaves DBI enforcement and any future inspection/follow-up to that department; DBI said it will revisit the site as needed once permits or reinstatement actions proceed.
