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Board denies Hayes Valley bid to revoke Kit and Ace permits, finds Zoning Administrator did not abuse discretion

San Francisco Board of Appeals · August 26, 2015
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Summary

After hours of public testimony from neighborhood merchants and residents, the Board of Appeals denied the Hayes Valley Neighborhood Association—s appeal seeking reinstatement of a revocation of Kit and Ace permits for 371 Hayes St., finding the Zoning Administrator—s rescission of revocation was not an abuse of discretion (vote 3–1).

The San Francisco Board of Appeals on Aug. 28 denied an appeal by the Hayes Valley Neighborhood Association (HVNA) that sought to reinstate revocation of building permits for Kit and Ace—s planned store at 371 Hayes Street. The board found the Zoning Administrator did not abuse his discretion in rescinding a prior revocation.

HVNA President Lawrence Kronander told the board Kit and Ace met the Planning Code—s formula‑retail definition because of multiple domestic and international locations, standardized product and decor, and a trademark filing; he argued those factors should have led DBI and Planning to keep revocation in place. "Kit and Ace fits the…

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