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Board upholds Planning’s revocation of permit for 729 Vallejo, saying ground‑floor dental use not allowed
Summary
The Board of Appeals denied an appeal from Drs. Ryan and Tony Kerr challenging Planning’s revocation of a building permit for 729 Vallejo Street after Planning concluded the ground‑floor dental office violates North Beach Neighborhood Commercial District rules; the Board found it lacks authority to approve a permit that conflicts with the code and denied the appeal 4–0.
Appellants Dr. Ryan Kerr and Dr. Tony Kerr told the Board they purchased 729 Vallejo and relied on Planning information when they submitted a building permit seeking to convert the ground floor to a dental office. The appellant said Planning staff initially told them a conditional‑use authorization (CU) would allow a relocation within the same zoning district and that the permit was later approved over the counter in May 2021.
Tina Tam, deputy zoning administrator, presented a timeline showing Planning’s written guidance in July 2020 stated a CU was required for relocation and that the property had since been identified as a new historic resource in the North Beach Eligible Historic District—factors that, Tam said, made the ground‑floor medical use impermissible without a code amendment. Tam said the planner who approved the permit erred and that, on learning of the mistake, the department consulted senior managers and concluded revocation was required because the code does not allow the use at the ground floor.
Commissioners heard from both sides and discussed whether the Board had authority to override the code. The City Attorney and Planning staff confirmed the Board lacks legislative authority to approve a permit that would violate the Planning Code. The Board voted 4 to 0 to deny the appeal and sustain the revocation.
Board staff noted that legislative or code changes (an ordinance) would be the path to allow ground‑floor medical uses in that block, or the owner could explore a conditional use or a different configuration (e.g., placing services on upper floors) if feasible.
