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Board grants rehearing and overturns denial for 69 Montezuma after variance removes parking requirement

San Francisco Board of Appeals · May 7, 2014
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Summary

The Board granted a rehearing request in the Buskovich v. DBI matter for 69 Montezuma Street and overturned the previous denial of the building permit after the Planning Department issued a variance that removed the off‑street parking requirement; the Board conditioned the permit on restoring the curb cut.

The San Francisco Board of Appeals on May 7 granted a rehearing and then overturned its earlier denial of a building permit for 69 Montezuma Street after the Planning Department issued a variance for an adjacent parcel that removed a previously required off‑street parking allocation.

Scott Sanchez, the Planning Department zoning administrator, told the Board that the newly issued variance for 65–67 Montezuma means the underlying building permit would be approvable because the off‑street parking requirement it once satisfied is no longer applicable. Ryan Patterson, representing the permit applicant, said the parties had settled outstanding issues and provided the variance decision for the record.

The Board first voted to grant the rehearing request and then voted to grant the appeal, overturn the denial and condition the permit on removing the curb cut and restoring the curb. Commissioner Frank Fung moved the motion to overturn the denial on the basis that a variance had been granted; commissioners voted affirmatively and the denial was set aside.