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Board of Appeals denies Greenwich Street owners’ challenge to 2015 zoning memo, rules zoning action memo did not create a merger entitlement
Summary
The San Francisco Board of Appeals on June 21 denied an appeal by the owners of 1281–1283 Greenwich Street, finding the 2015 zoning‑administrator action memo documented a waiver from mandatory discretionary review rather than an independent entitlement that legalized a merger of two dwelling units; the board voted 5–0 to uphold the notice of violation.
The San Francisco Board of Appeals on June 21 denied an appeal by the owners of 1281–1283 Greenwich Street who argued a 2015 zoning‑administrator action memo legally authorized a merger of two dwelling units into a single‑family home.
Alex Merritt, attorney with Shepherd Mullen representing the appellants, told the board his clients purchased the property in January 2020 for $18,000,000 and relied on a 2015 action memo and marketing materials that described the house as a single‑family home. "That approval was not appealed. It does not expire, and it's now vested under common law principles," Merritt said, arguing the planning‑code change that later removed an administrative merger pathway is not retroactive.
Corey Teague, zoning administrator for the Planning Department, said he disagreed with that reading. "I, respectfully disagree with the appellant," Teague said, arguing the action memo only documented that…
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