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Board upholds notice of violation for alleged PDR‑to‑office conversion at 653 Harrison

San Francisco Board of Appeals · July 27, 2016
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Summary

The Board of Appeals denied an owner’s appeal and upheld the Zoning Administrator’s notice of violation alleging that a PDR (production, distribution and repair) space was unlawfully converted to office use; Planning presented permit history and the board found the NV well supported.

San Francisco — The Board of Appeals on July 27 denied an appeal by the owner of 653 Harrison Street and upheld a notice of violation issued by the Zoning Administrator alleging an unauthorized conversion of PDR space to office use.

Owner counsel argued the site had been vacant when the Board of Supervisors enacted an interim PDR moratorium and that the moratorium should apply only to PDR uses active at the moratorium’s effective date. Planning Department staff recounted a history of contractor and PDR‑type uses at the property, reviewed permit records and reverse‑phone‑directory evidence, and concluded the most recent lawful use was a PDR use; Planning’s zoning administrator found an illegal conversion to office use and issued the NOV.

Board members considered competing arguments about retroactive application of the moratorium and the strength of historical evidence. After discussion the board voted 5 to 0 to deny the appeal and uphold the NOV and associated penalty.

What happens next: The property owner will need to address the NOV and make the site compliant with the zoning controls or pursue the appropriate approvals; Planning enforcement may impose penalties for days of noncompliance.