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Board upholds zoning determination restricting new massage businesses at 518 Taylor Street
Summary
After hearing owner arguments that a Department of Public Health settlement deprived the owner of notice, the Board of Appeals voted not to overturn the zoning administrator’s Letter of Determination that triggers a three‑year ban on new massage establishments at the site.
The Board of Appeals on Feb. 28 considered an appeal by the owner of 518 Taylor Street challenging a zoning administrator’s Letter of Determination (LOD) that applied a three‑year restriction on new massage establishments at that property following Department of Public Health (DPH) enforcement.
Owner representative William Klein argued the property owner received no adequate notice before DPH reached a settlement with an operator; he said that lack of notice violated due process and had reduced the property’s market value. Planning staff and Department of Public Health witnesses described two inspections (Dec. 2016 and March 2017) that found violations under Health Code Article 29, a negotiated settlement in March 2017 that included closure of the offending operation, and subsequent planning department referral that triggered the three‑year restriction in Planning Code section 202.2(a)(4).
Board members discussed whether the property owner or its manager had actually received inspection reports or notice. DPH staff said inspectors served notices and that a property manager signed the inspection report at the March follow‑up; DPH also said settlements that voluntarily closed facilities are an enforcement tool and that the planning department relies on DPH referrals. A motion to overturn the LOD on procedural‑notice grounds failed; the board, by not reaching the required four votes to overturn, left the LOD and its three‑year restriction in place.
The upshot is that the site remains restricted from hosting a new massage establishment for the period identified in the LOD, subject to the planning department’s and DPH’s respective enforcement and appeal rules.
