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Board upholds Planning’s suspension of Tennessee Street window permits while historic review proceeds

San Francisco Board of Appeals · May 15, 2019
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Summary

The board denied an appeal of Planning’s suspension of window‑opening permits at 970 Tennessee Street after staff said a DBI‑issued permit was not routed to Planning for a required certificate of appropriateness; Planning said it will fast‑track review and aim for a July 17 Historic Preservation Commission hearing.

The Board of Appeals on May 15 denied an appeal challenging Planning’s suspension of permits for new property‑line windows at 970 Tennessee Street. Planning staff said an initial over‑the‑counter window permit issued April 5 had not been routed to the Planning Department for review under Article 10 (Dogpatch Historic District) and that the department issued a suspension request when the omission was discovered.

Architect Harvey Hacker and property owner Jennifer Oliver told the board the omission put them in a tight scheduling bind with an adjacent developer and that expensive custom fire‑rated windows had been ordered. Hacker said the team immediately applied for the required certificate of appropriateness (CFA) and asked the board to allow work to proceed or to find a way to avoid irreparable scheduling harm. Planning acting deputy zoning administrator Scott Sanchez said staff would fast‑track the CFA application and that the next feasible Historic Preservation Commission date appears to be July 17; he said the suspension was issued promptly and within normal appeal timelines.

The board considered whether to deny the appeal or continue the matter pending CFA action and ultimately denied the appeal and sustained the suspension, concluding Planning did not abuse its discretion. Planning said it would work with the project sponsor to complete the intake, finalize materials and attempt to place the CFA on the July 17 agenda; if the CFA is approved, Planning will release the suspended permit.