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Board denies rehearing request for 523 Guerrero variance
Summary
The San Francisco Board of Appeals denied a rehearing request in Alexander Fleming’s appeal over a denied variance at 523 Guerrero, finding no manifest injustice or new information; the motion to deny carried unanimously.
The San Francisco Board of Appeals on March 22 denied a rehearing request by Alexander Fleming seeking review of a February 2017 denial of a variance for a proposed dwelling unit at 523 Guerrero Street.
Architect Randa Fuschimi, speaking for the appellant, told the board she had been advised by planning staff to pursue a variance rather than an accessory‑dwelling route and presented email exchanges and a spreadsheet she said demonstrated the financial and regulatory differences between the two tracks. Fuschimi told the board the applicant “was shown an apple and an orange” and argued that staff guidance and posted planning materials at the time misled the applicant and therefore amounted to a manifest injustice.
Scott Sanchez, the city’s zoning administrator, told the board the property was eligible for an ADU under the code at the time of filing and that staff had appropriately described applicants’ options. Sanchez said he saw no new evidence that could not have been raised at the original hearing and that the department’s advice did not guarantee approval of any subsequent application.
Commissioners questioned whether ADU rules, exposure/open‑space requirements and code timing had been applied correctly. After discussion Vice President Frank Fung moved to deny the rehearing request; the board voted to deny the request (motion carried). The board’s decision leaves the original denial in place unless the appellant pursues other administrative remedies.
