Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Jurisdiction Potrero topic
No spam. Unsubscribe anytime.
Board denies jurisdiction request over legitimization of 435–437 Potrero Ave
Summary
The Board denied a late jurisdiction request from Mika Ringle challenging a zoning administrator's letter of legitimization for a two-story internet services exchange at 435–437 Potrero, finding the requester had notice or opportunity to appeal and ruling the filing untimely. Vote was 5–0.
The Board of Appeals declined to grant late jurisdiction Aug. 14 in a dispute over a zoning-administrator letter of legitimization issued June 4 for 435–437 Potrero Ave. Mika Ringle told the board he did not receive notice and asked the board to hear the matter as the city’s process, he said, had effectively prevented a timely appeal. Ringle said he had requested the file and believed the department’s communication lapses delayed him.
David Silverman, counsel for the property owner, presented emails showing Ringle had asked about the draft letter before issuance and that the zoning administrator’s response explained that such letters are posted on the Planning Department website and not mailed to neighbors. Scott Sanchez, the Planning Department zoning administrator, acknowledged staff communication could have been clearer but said the parcel’s notice practices, the website posting and the pending conditional-use process gave the requester an opportunity to learn of the action and appeal on time.
Commissioners focused on whether notice practices or other city actions inadvertently caused the delay; several said the record suggested Ringle had awareness and the ability to check the posted materials or seek the file earlier. The board voted unanimously, 5–0, to deny jurisdiction; the order means no appeal may be filed on that Zoning Administrator order.
Next steps: Jurisdiction denied; any related appeals on the underlying conditional-use or building permits may proceed through the scheduled processes.
