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Board grants short continuance in Malcolm Young zoning appeal; permits may proceed
Summary
The Board of Appeals continued Malcolm Young’s challenge to a planning determination about nonconforming restaurant use at 838 Grant Avenue to Feb. 19 with a briefing schedule; commissioners limited the continuance so active permits are not held up.
The San Francisco Board of Appeals on Jan. 29 agreed to continue an appeal by Malcolm Young challenging a zoning determination for 838 Grant Avenue to Feb. 19 and set a briefing schedule requiring the appellant’s brief by Feb. 12 and the respondent’s reply by Feb. 17. The board explicitly directed that existing permit processing should not be suspended because of the continuance.
Young told commissioners he needed time to secure replacement counsel after previously engaged counsel failed to respond. The permit-holder’s attorney opposed a delay, saying work was complete and the restaurant operator was ready to open. Planning Department staff said the Planning Commission’s letter of determination stemmed from active permits submitted within the three-year discontinuance period and that operating between now and a decision would not itself violate Planning Code provisions.
Commissioners balanced the operator’s economic prejudice and the appellant’s need for counsel. After discussion the board voted to continue the matter to Feb. 19 and to allow electronic service of briefing materials. The motion carried with recorded votes in favor by Commissioners Santacana, Tanner and Swigg and the board’s vice president. The board asked staff to circulate a briefing schedule by email.
