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Board denies rehearing for Fillmore Street garage variance extension
Summary
The San Francisco Board of Appeals denied a rehearing request from property owner David Nail over variance extension and notice procedures for 124–128 Fillmore Street, finding the asserted mailing/notification issues were not new evidence warranting rehearing.
The San Francisco Board of Appeals on Dec. 12 denied a rehearing request from David Nail contesting prior rulings upholding an extension for a garage variance at 124–128 Fillmore Street.
Attorney Brett Gladstone, representing Nail, told the board that planning staff failed to send a 03:11 neighborhood notification on time after the board’s last decision, calling that omission new evidence that justified rehearing. Gladstone argued that if the zoning administrator had mailed notices promptly, subsequent discretionary reviews could have occurred within the extension period.
Neighbors and opponents pushed back. A nearby resident, Anne Thornton, said previous delays stemmed from alleged illegal conversions and appeals rather than the applicant’s disability or the planning department’s actions, arguing residents had been patient and the planning commission had acted appropriately. Planning Department zoning administrator Scott Sanchez told the board that “no decision of the board … is final until the notice of decision and order is issued,” and that issuing a building permit within the 30-day extension would have been infeasible.
After discussion, Commissioner [moved motion to deny rehearing], and the board voted to deny the rehearing request. The board directed that the notice of decision be issued the following day, concluding the matter without reopening the prior determination.
The action preserves the Board’s October decision upholding the zoning administrator’s determinations; the board’s order will be issued as the formal record next day.
