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Board denies jurisdiction request in long-running Green Street NOV dispute

San Francisco Board of Appeals · March 3, 2021
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Summary

Owners of 1812–1816 Green Street asked the Board of Appeals to take jurisdiction over a notice of violation alleging illegal unit merger, unauthorized alterations and an illegal roof deck. Planning staff cited permit history and records showing two units; the board found the requesters did not meet the burden for jurisdiction and denied the request 4–0.

The San Francisco Board of Appeals on March 3 declined a request from homeowners Adrienne and Anne Dollard to take jurisdiction over a notice of violation at 1812–1816 Green Street, a dispute the parties said stretches back to the early 2000s.

The Dollards told the board they purchased the house in 2002 in reliance on a 3R report showing the property as single‑family, then pursued a series of administrative remedies and permits to resolve inconsistencies in city records. They argued city staff responses and procedural steps taken over many years left them without an effective appeal window and that the board could hear the matter under exceptions when the city’s actions caused a late filing.

Scott Sanchez of the Planning Department told the board staff reviewed decades of permit history and records that repeatedly documented the property as a two‑unit building, including prior permits and a corrected 3R report. Planning staff said the requesters had not shown the city intentionally or inadvertently prevented a timely appeal and recommended denial of the jurisdiction request.

Commissioners noted the case’s lengthy procedural history but said the legal bar to grant jurisdiction is high. The board denied the request 4–0, while advising Planning staff to continue working with the property owner on compliance options and timelines.

Next steps: Planning and DBI staff may continue to work with the owners on compliance pathways (e.g., zoning administrator timelines, permit plans) but the board will not take jurisdiction at this time.