Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Administrative Procedure topic
No spam. Unsubscribe anytime.
Board denies two rehearing requests in landlord-tenant permit disputes
Summary
The San Francisco Board of Appeals denied two rehearing requests: Lynn Marr's challenge to a permit at 926 Garfield and Pamela Miller’s appeal related to 3828 Cesar Chavez. The board concluded no new factual information justified rehearings and issued notice of decision(s).
The San Francisco Board of Appeals on Feb. 25 denied two requests for rehearing of earlier decisions related to building-permit disputes.
In the first matter, involving 926 Garfield Street, the board heard from Lynn Marr, who said the permit holder Lily Esteban had not been present at the prior hearing and alleged the permit was being used to avoid relocation obligations. Esteban said she had taken eviction steps against a tenant and had applied for the permit to correct a violation. Department of Building Inspection staff said notices of violation were available and the record did not support rehearing. After discussion the board voted 4–0 to deny the rehearing and ordered a notice of decision to be released.
Separately, on an appeal related to 3828 Cesar Chavez Street (appellant Pamela Miller, represented by attorney Dave Crow), Crow argued the case mirrored a prior Kansas Street matter and that Planning Department errors had allowed the permit to stand. Planning staff and DBI told the board the rehearing standard requires new information; commissioners noted the procedural posture and voted to deny the rehearing 3–1. The board directed staff to release a written decision.
The board’s rulings hinge on the narrow, statutory standard for rehearings: absent new evidence or extraordinary circumstances, earlier administrative determinations stand. Board staff will prepare the formal notices of decision for both items.
