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Board of Appeals denies jurisdiction request from Koenig neighbors over 58720 Ninth Street permit
Summary
The San Francisco Board of Appeals denied a jurisdictional rehearing request from Yochai and Orna Koenig, finding they would not have received neighborhood notification under Section 3.11 despite being nearby; the board voted 3-0 to deny.
The San Francisco Board of Appeals on Aug. 20 denied a request from neighbors Yochai and Orna Koenig to take jurisdiction over a building permit issued for 58720 Ninth Street.
The Koenigs, represented by Robert Selena, argued they did not receive mailed notice of Building Permit Application 2013-111-222698S (issued 05/28/2014) and therefore missed the appeal window; Selena said the family lives about 150 feet west of the project and that mid-block open space impacts mean they should have been notified.
Zoning Administrator Scott Sanchez told the Board the city’s Section 3.11 neighborhood-notification rule requires notice to properties within 150 feet in the same assessor’s block and on the block face across from the subject lot; because the Koenigs were not in the same assessor’s block, they would not have received the packet under the code. Sanchez also noted the city posts an 11-by-17 orange poster on the property for 30 days and mails notices to neighborhood groups.
Permit holders Joerg Schumann and Sarah Roberts said they had attempted to engage with neighbors and followed Planning Department processes. After discussion, Vice President Arceli Hurtado moved to deny the jurisdiction request; the roll call showed Commissioners Fung and President Lazarus voting "Aye," and the motion carried 3-0.
The Board’s action denies the request to rehear the permit and closes the appeal avenue for that permit under this jurisdictional claim.
