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Board continues contested BMR tenure appeals to July 20 to allow negotiations
Summary
Two appeals over a zoning administrator’s decision allowing conversion of a 54‑unit project from rental to for‑sale tenure (including 8 BMR units) were continued so parties can negotiate. The ZA had split the BMR outcome — four units at 55% AMI to lottery-ranked applicants and four at 90% AMI — and the board asked parties to seek a compromise consistent with code.
The Board of Appeals continued two related appeals concerning a 54‑unit project at 1145 Polk / 1201 Sutter Street after extended testimony and commissioner questioning about fairness to lottery applicants and the planning code’s options for tenure changes.
Appellants told the board they view a Dec. 7, 2020 rental lottery and an NSR recorded against the property as commitments to low-income rental housing; more than 2,500 applicants were ranked for the eight BMR units. Appellants said the sponsor’s subsequent pause of lease-up and later request to convert tenure amounted to a bait-and-switch that disproportionately disadvantages lower-income renters and undermines community trust.
The determination holder and sponsor argued that pandemic-related…
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