San Francisco Board of Appeals denies rehearing request in Folsom Street unit‑count dispute

The San Francisco Board of Appeals on Nov. 7 denied a rehearing request from Michael Turon, who sought to reopen a challenge to the legal number of dwelling units at his property on Folsom Street.

Turon and his attorney, Ryan Patterson, argued a pre‑application decision and AB 28 should compel DBI and the board to treat the building as a two‑unit structure and to correct a Certificate of Final Construction (CFC). Turon told the board he’d lived in the home for 11 years and had tried to follow DBI’s process to “make my home safe” but was frustrated by shifting city guidance.

Department of Building Inspection senior inspector Joe Duffy told the board the department relies on records including Sanborn maps, assessor records and prior CFCs and that the file contains two CFCs from 1975 and 1983 indicating a three‑unit building. Duffy said DBI’s unit‑count verification process and plan‑review history did not support an administrative correction without a plan and building permit. Planning staff also told the board the facts presented at the prior hearing were the same and that the rehearing standard — new information or manifest injustice — was not met.

Commissioner Daryl Honda moved to deny the rehearing request; President Frank Fung, Vice President Svigg and Commissioner Rachel Tanner voted in favor. The board recorded the rehearing denial and did not order further action on the permit record.

The board’s decision leaves DBI’s prior permit determinations intact; Mr. Turon may pursue available administrative remedies, but the board found no basis to reopen the earlier appeal.