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Board denies jurisdiction over 843 Cap St. permit; tenant’s request rejected
Summary
The Board of Appeals denied a tenant’s request for jurisdiction to challenge a building permit to revert 843 Cap Street to a single‑family use, finding notice and review followed applicable procedures and that Planning/DBI took appropriate action.
The Board of Appeals on Oct. 8 denied a jurisdiction request from tenant Jaime Carrillo challenging a building permit for 843 Cap Street. Counsel for the tenant, Courtney Brown of the Tenderloin Housing Clinic, argued the tenant had not had an opportunity to appeal during the standard window and said the work would displace a long‑term resident. The owners, Timothy Gillihan and Rachel Postman, said the permit was processed after review and that the Planning Department and DBI found the legal use to be single‑family based on historical records.
Scott Sanchez of the Planning Department explained staff research, including Sanborn maps and historical records, supported approval without a discretionary planning‑commission review because the property’s zoning allowed the requested legal reversion and did not trigger neighborhood notification. Senior building inspector Joe Duffy said DBI had recommended the owner apply to revert to single‑family use as part of a unit‑current verification process and that permit history did not show a recorded legal second unit.
After questions from commissioners and public comment emphasizing the city’s eviction pressures, a motion to deny jurisdiction passed on a 4‑0 roll call. The board concluded the departments' actions did not meet criteria for taking jurisdiction over the permit.
