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Board denies rehearing on 280–284 Union Street after review of records

San Francisco Board of Appeals · October 8, 2014
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Summary

The Board of Appeals denied a rehearing request by nearby owners who presented a recent survey and claimed unpermitted roof features; Planning and DBI said prior plans and permits had been vetted and a rehearing standard was not met.

The Board of Appeals denied a rehearing request brought by John and Teresa Votruba concerning work at 280–284 Union Street, concluding that the appellant had not shown new material facts that would require reopening the matter.

Appellants argued a professional survey dated July 2014 showed building height and encroachment issues and alleged that certain roof features and chimneys did not appear on original plans. Planning and DBI staff said plans on file (including a 1987 roof deck permit) showed the penthouses and stair enclosures at issue and noted that the appellant could have presented the 2014 survey at the prior hearing.

DBI staff emphasized extensive interagency review and that certificate‑of‑final‑completion (CFC) records and historical permit files supported the permit. After closing argument, the Board found the rehearing standard—presentation of a material fact that could not reasonably have been presented earlier—was not met and voted 4‑0 to deny the rehearing. The Board directed that a notice of decision and order be released.