Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Affordable Housing topic
No spam. Unsubscribe anytime.
Board upholds zoning administrator on affordable‑housing fee methodology for 1145 Polk
Summary
The Board of Appeals denied an appeal from a developer seeking to apply a 2019 affordable‑housing fee methodology to a project with a 2018 site permit for 1145 Polk Street, finding the zoning administrator properly assessed the methodology at site‑permit issuance.
The Board of Appeals on July 17 denied an appeal by the developer of a proposed 54‑unit project at 1145 Polk Street that sought to apply the 2019 affordable‑housing fee methodology instead of the methodology in effect at the time its site permit was issued in 2018.
Peter Ziblatt, counsel for the appellant, argued the city’s change to fee methodology between 2018 and 2019 was intended to reduce the disadvantage to small units and that the appellant had not been notified it would be bound by the prior methodology after pulling a site permit. He said projects commonly pay fees at building‑permit time and that applying the old methodology now would undercut the policy intent of the change.
Planning Department witness Scott Sanchez and the zoning administrator explained that, under planning code and the implementation rules published in December, the fee methodology is assessed at site‑permit issuance and the rule was adopted precisely to achieve consistent, fair application across projects. Sanchez said the rule and the zoning administrator’s letter were publicly available and intended to avoid retroactive inconsistency.
Dan Adams of the Mayor’s Office of Housing and Community Development said the new methodology was intended to translate a per‑unit fee to a gross square‑foot basis for administrative ease and to remove disincentives for smaller units.
Vice President Anne Lazarus moved to deny the appeal and uphold the zoning administrator’s letter of determination; the motion passed 4‑0.
What this means: The decision affirms the zoning administrator’s approach that projects with site permits issued before 12/31/2018 are subject to the earlier fee methodology. Developers whose site permits predate the methodology change may remain subject to the earlier calculation unless the Planning Department or Board acts otherwise.
Key details: The appeal concerned record number 2019002026 and a project that proposed a 6‑story, 54‑unit building; testimony identified an economic difference in fee liability that could be significant for the developer.
