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Board administratively dismisses two appeals and continues tenant‑owner permit dispute to Jan. 23 for further review

San Francisco Board of Appeals · November 14, 2018
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Summary

Two appeals tied to permit cancellations at 40/50 Alta Street were administratively dismissed after the permit holder canceled those permits; the board continued the remaining live appeal (kitchen remodel at Unit 5) to Jan. 23, 2019, and ordered DBI and the permit holder to provide plans and limited briefing.

The Board of Appeals administratively dismissed two appeals (items 7A and 7C) after the permit holder withdrew the related permits, and it continued the remaining active appeal (item 7B, 50 Alta St. Unit 5 kitchen/bath renovation) to Jan. 23, 2019 to allow the board, the Department of Building Inspection and Planning to review permit drawings and investigate alleged unpermitted work.

Tenants and neighborhood advocates told the board they believe the permit cancellations and re‑filings are part of a pattern of owner activity that has left units off the rental market and driven displacement. Several tenants alleged that an office use had been operating in Unit 5 and that a previous kitchen had been removed. The planning department confirmed an August 2017 notice of violation (NOV) for office use and said the new permit for Unit 5 had the effect of abating that NOV by reintroducing a kitchen and returning the unit to dwelling use.

DBI said it had flagged the two refiled permits so they cannot be issued without senior inspector review and agreed to perform a site visit and correlate on‑site conditions with the permit record. The board ordered the permit drawings served to all parties and limited additional briefing to three pages with exhibits. The board also waived appeal filing fees for the original appellants on the canceled permits.

Next steps: the board set Jan. 23, 2019 for the continued hearing; applicants were ordered to submit permit drawings to the board one Thursday prior, and DBI was asked to perform a site visit.