Board of Appeals upholds residential permits, denies jurisdiction request and continues mobile‑food appeal to Oct. 23

The San Francisco Board of Appeals handled a slate of permit matters Sept. 11, issuing several unanimous rulings, denying a jurisdiction request and continuing a contested mobile‑food permit appeal for further evidence.

Two residential appeals were decided. The board voted 5–0 to uphold a building permit for a vertical addition and rear‑yard work at 4164 Sixth Street after hearing that the Planning Department had reviewed the plans and that the applicants reduced the project's rear pop‑out to address neighbor concerns. The board also adopted a negotiated settlement on revised plans for an alteration and addition at 333 El Camino del Mar and upheld that permit, again by a 5–0 vote.

On a jurisdiction request for 1521–1531 Jones Street, neighbors asked the board to take jurisdiction over an over‑the‑counter foundation/shoring permit they said was issued without required notice and may have circumvented the site‑permit review. After testimony from attorney Stephen Williams for the Lowe family, permit holder Matthew Wren, Department of Building Inspection (DBI) and Planning Department staff, the board concluded there was insufficient evidence that the city caused the late filing of an appeal and denied the jurisdiction request 4–1.

Separately, the board heard an appeal by Shasha Lewis (doing business as Ola’s Exotic Coffee and Tea) challenging the Department of Public Works’ revocation/denial of a mobile food facility permit at 2801 Leavenworth Street. Ms. Lewis’s attorney argued she tried to satisfy Department of Public Health (DPH) sanitation requirements but faced administrative delay and merchant opposition. DPW staff said the permit was revoked because the vendor had not demonstrated operation for six months and lacked required sanitation approvals.

Given contradictory declarations in the record and unresolved questions about DPH communications, bathroom‑access agreements and proof of operation, the board unanimously continued the matter to Oct. 23, 2013. The board asked the Department of Public Health to provide a written or oral statement clarifying chronology and any authorization given, and allowed the appellant to submit exhibits (for example, evidence of sales or operation) two Thursdays before the continued hearing, with DPW allowed a five‑page response one Thursday prior.

Votes at a glance

- Appeal 13‑057 (4164 Sixth St.): Uphold permit / deny appeal — 5–0. - Appeal 13‑091 (333 El Camino del Mar): Adopt revised plans / uphold permit — 5–0. - Jurisdiction request, 1521–1531 Jones St.: Deny jurisdiction request — 4–1. - Appeal 13‑085 (Ola’s Exotic Coffee & Tea mobile food): Continued to Oct. 23, 2013 — 5–0 (continuance to gather DPH documentation and evidence of operation).

The board adjourned after the Oct. 23 continuance was set. Items decided were recorded in the hearing record and will be available through the Board of Appeals office.