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Board upholds new parking prohibition; denies Jasper Place curb‑cut appeal
Summary
The Board of Appeals denied an appeal from Peter Wilson’s project team and upheld the Zoning Administrator's 2018 determination that ordinance 196-17 bars new garage access on alley lots in the Telegraph Hill/North Beach special use district; commissioners said the zoning administrator applied the planning code in effect at time of permit issuance.
The Board of Appeals on Feb. 20 upheld a Zoning Administrator letter that interpreted an amendment to the planning code (ordinance 196‑17) to prohibit garage access and replacement curb cuts on alleys within the Telegraph Hill–North Beach Residential Special Use District for development lots.
Appellants argued the 2018 interpretation conflicted with a 2014 letter of determination and raised the Housing Accountability Act as a possible bar to the change. David Sincotta, representing the project sponsor Peter Wilson, said the lot has long had on-site parking and a curb cut that was legal when installed and that applying a new restriction now would penalize a project that had been proceeding under an earlier interpretation.
Corey Teague (planning staff) told the board that ordinance 196‑17 (effective Nov. 2017) amended section 155R and that the planning code defines alley lots under 30 feet as alleys; as proposed new construction on an alley development lot, the new controls apply and preexisting nonconforming curb cuts may not be replaced. "Ordinance number 196-17 took effect in November of 2017 and it amended the code such that garage entries on alleys within the Telegraph Hill North Beach Residential Special Use District are prohibited," Teague said.
Commissioners acknowledged the unfortunate timing for the developer but found the zoning administrator did not err or abuse discretion in applying the code; Commissioner Lazarus moved to deny the appeal and uphold the determination and the motion carried with recorded ayes.
