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Board continues Mississippi St. site-permit dispute to March 27 to allow easement talks

San Francisco Board of Appeals · March 6, 2019
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Summary

The Board of Appeals continued a contentious appeal over a site permit at 1058 Mississippi St after neighbors raised a prescriptive-easement claim; the planning and building departments said the permit is code-compliant but that an easement is a civil matter; the board set a March 27 continuance to let parties pursue an agreement and DBI review.

The San Francisco Board of Appeals continued action on an appeal of a site permit for 1058 Mississippi Street to March 27 to give the parties time to negotiate a resolution of a disputed easement claim.

Appellants Elena Myers and her son Max Schmieder said the rear cottage on their lot has relied on an access path across the neighboring lot for decades and that the new project at 1058 Mississippi would enclose that access and diminish their rights. Schmieder said the family has occupied the property since 1981 and argued the enclosure would eliminate a prescriptive easement and significantly harm…

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