Board continues Brompton parking lot dispute for more evidence on city authorization

The Hayes family appealed a Sept. 1 zoning administrator letter that concluded the gravel lot at 21 Brompton Avenue was not legally established as a public parking lot. The appellants presented historical planning documents and argued the city had used and documented the site as parking since the early 1970s and sought permission to improve and operate it as paid public parking as an interim use while pursuing future residential development.

Planning staff reviewed records and said it found no documentary authorization that would establish the parking lot as a legal, nonconforming public parking use; they also pointed out the planning code contains limited provisions for temporary uses and does not allow a temporary public parking lot in the terms requested. Supervisor London Breed (represented here by Supervisor Sheehy in public comment) and multiple merchants and residents urged the board to allow improvements for safety and lighting.

Commissioners debated the legal standard for establishing a legal nonconforming use; a motion to overturn the letter on the basis that the city had authorized parking and that subsequent paid use established a legal nonconforming use received three votes and failed to pass (four votes required). The board voted to continue the matter to Jan. 31, 2018 and allowed both sides to file up to five pages of additional briefing and exhibits focused on whether the city previously authorized the use.