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Board of Appeals: rehearings denied, jurisdiction split decisions, and several permits upheld or continued
Summary
On Dec. 17 the Board denied rehearing requests, granted one jurisdiction request, denied another, upheld the 15-foot Stanyan sidewalk permit after extensive public comment, continued a historic-fae7ade/ADA dispute to Jan. 21, 2015, and conditioned a 41 Lake Street foundation permit on plan revisions and adding the neighboring address.
At its Dec. 17 meeting the San Francisco Board of Appeals resolved a range of procedural and permit matters across planning, public works and building inspection cases.
Rehearing requests denied: The Board denied rehearing requests for the 958 Geary dispensary determination and for the 1264 Sixth Avenue permit, finding no new evidence met the rehearing threshold (both denials by 4-0 votes).
Jurisdiction requests: The Board granted a late jurisdiction request for a variance at 1784 Sanchez Street after finding Planning staff had inadvertently delayed sending a variance decision to neighbors; requesters were given a five-day appeal window. By contrast, the Board denied a jurisdiction request for a roof-deck revision at 614 Noe Street, with staff and counsel explaining that over-the-counter roof-deck revisions within the buildable envelope do not trigger 3/11 neighborhood notice and that relevant code exemptions apply.
1410 Stanyan sidewalk: The Board heard a lengthy and sometimes emotional public discussion about a DPW-issued street improvement permit for a legislated 15-foot sidewalk adjacent to 1410 Stanyan Street. Neighbors argued the improvement would convert public open space used as a garden into effectively private driveway access; the permit holder and DPW described the work as a legislated, city-standard sidewalk that preserves access and reduces public liability. After deliberation the Board upheld DPW's street improvement permit as code-compliant, voting 4-0.
Historic-fae7ade and ADA access at 731 Commercial (Charity Cultural Services Center): The Board continued the appeal to Jan. 21, 2015, to allow DBI time to confirm whether a DBI correction notice or ADA-triggering inspection required the entry modifications and to document any prior field inspector direction. Appellant Jason Bly said piecemeal changes to the historic fae7ade should be handled as a single restoration plan; the permit holder said funding constraints and program needs drove the staged work.
41 Lake Street foundation: Owners and neighbors reached an agreed concept to grout under the footing and revise plans so that repairs address both sides of a condo building. The Board upheld the permit conditioned on amending the permit to add 39 Lake Street and adopt revised plans dated 12/17/2014; the vote was 4-0.
These procedural and permit actions included multiple roll-call votes recorded in the hearing transcript; several items carry follow-up obligations for DPW and DBI on enforcement and plan-review steps.
