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Board of Appeals denies rehearing request on 472 Union permit, upholds 48‑hour notice condition
Summary
The San Francisco Board of Appeals on June 26 denied a rehearing request from tenant Mark Bruno challenging a permit decision for 472 Union Street and the board’s 48‑hour notice condition, finding no manifest injustice or new evidence warranting reversal.
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President Jose Lopez and the five commissioners denied a rehearing request on Thursday for a permit tied to 472 Union Street, rejecting arguments that the board’s May 15 decision produced a manifest injustice.
Mark Bruno, who testified he has lived in the building for 32 years, told the board he did not receive adequate notice and called a previously submitted letter “tainted,” saying it could not be relied on as evidence that neighbors had been properly notified. Bruno told the commission: "A buzz saw is the opposite of notice," arguing the board should restore a 15‑day notice requirement.
The permit holder’s counsel, Jeremy Paul, told the board the permit holder agreed to provide 48‑hour notice to Bruno if any work occurred and that the scope of work did not require a longer notice period. Kevin Birmingham of the Department of Building Inspection confirmed the department supports the board’s prior conclusion.
Commissioners focused their deliberations on whether new facts or manifest injustice were shown; several members said the record did not support reopening the case. Commissioner comments emphasized the limited standards for rehearing and the absence of new probative evidence.
A roll‑call vote recorded President Jose Lopez and all commissioners voting in favor of denying the rehearing request, 5–0. The board closed the item without changing the May 15 order requiring 48‑hour notice when work commences.
