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Board of Appeals leaves Zoning Administrator's letter of determination standing for 21 Brompton Ave
Summary
The board considered Appeal No. 17-158 from Patricia Hayes about a long-used parking area at 21 Brompton Avenue. After presentations and debate, a motion to deny the appeal failed and the Zoning Administrator's letter of determination was upheld by operation of law.
The San Francisco Board of Appeals on Jan. 31, 2018 considered Appeal No. 17-158 (Patricia Hayes v. Zoning Administrator) concerning whether the vacant lot at 21 Brompton Avenue in Glen Park Village constituted a legal nonconforming use as a public parking lot and whether it could be used or improved as paid parking.
Appellant Patricia Hayes told the board she and her family had used the parcel for parking for decades and submitted historical planning documents from 1970–1971 that describe the site as being used for parking and, she argued, contemplated for public parking. Hayes asked the board to overturn the Zoning Administrator's Sept. 1, 2017 letter of determination or to recommend administrative flexibility so the family could pursue a conditional-use authorization covering both zoning portions of the lot. "We continue to believe that the Zoning Administrator erred," Hayes said.
Scott Sanchez, the city's zoning administrator (Planning Department), said he had reviewed historical records and found no authorization for a public parking lot under the planning code. He told the board that the records at the time described the site as "informal" or "unauthorized" parking and that a public parking use in the residentially zoned portion would have required conditional-use authority. "There is no record of conditional-use authorization," he said.
Bill Barnes, representing the city administrator's office, summarized real-estate records tied to the 1974 sale of the parcel, noting the property was appraised and sold to an adjacent owner under the standard surplus-property process; records described the use as informal free parking and set a minimum sale price of $30,000 at the time.
After questions, deliberation and a motion from Commissioner Lazarus to deny the appeal on the grounds the Zoning Administrator did not err or abuse discretion, the board conducted a roll call. The motion to deny failed; by operation of law the earlier letter of determination stands and the appeal was not granted.
Board members discussed next steps for the property owner, including rezoning, a text amendment, or seeking a conditional-use authorization; staff and several commissioners emphasized the board's limited authority in changing planning-code entitlements. The matter was submitted at the close of the hearing.
