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Board upholds Planning and Building actions in 1049 Market Street appeals, rejects owner’s late‑jurisdiction claims
Summary
The San Francisco Board of Appeals denied consolidated appeals by 1049 Market Street LLC challenging Planning and Department of Building Inspection actions to suspend/revoke a 2013 permit and uphold a notice of violation, after extensive tenant testimony about displacement and department evidence that the property lacked required conditional‑use authorization under Planning Code §3.17.
The San Francisco Board of Appeals on April 5 rejected three consolidated appeals by 1049 Market Street LLC challenging the Planning Department’s revocation request and a notice of violation that alleged the owner had converted residential units to unauthorized commercial use.
The decision came after hours of testimony from tenants and advocates who said long‑term residents were displaced as rooms and units were converted to commercial occupancy. Ryan Patterson, counsel for the permit holder, argued the city improperly pursued enforcement and raised takings concerns, citing a March 2017 appraisal that placed renovated value in the tens of millions. “The City has tried to come back and, in targeted actions against this property owner, has broken with both the basics of zoning law,…
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