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Board of Appeals denies rehearing on contested third‑story addition at 611 Buena Vista West

San Francisco Board of Appeals · June 19, 2013
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Summary

The San Francisco Board of Appeals declined a rehearing request for the proposed third‑story addition at 611 Buena Vista West after neighbors presented sworn recollections of a past agreement; the motion to rehear failed for lack of the four votes required to reopen the matter.

The San Francisco Board of Appeals on June 19 rejected a rehearing request from neighbors opposing a proposed third‑story addition at 611 Buena Vista West.

Attorney Susan Brandt Holly, representing neighbors Matthew and Christine Leffers, told the board they had "substantial new information" including affidavit testimony from an architect who recalled an agreement a decade ago to drop a third story. Neighbors and several former "Doctor" requesters testified that final drawings and signed notes from 2002 reflected an understanding that the extra story would not be built.

Project counsel Anna Shimko and the permit holder's representative disputed that the material met the board's high standard for rehearing, saying the affidavit did not establish a binding, written contract and that earlier testimony and evidence had already been considered. Shimko argued any oral agreement would not create a permanent real‑property easement.

Commission discussion centered on whether the newly submitted testimony was sufficiently material and previously unavailable to meet the board's rehearing threshold. President Chris Huang and others noted the board's practice of continuing cases only when an absent commissioner’s potential vote could change the outcome. When the president called the motion to grant the rehearing, the vote was 2–2; four votes are required to grant rehearing, so the request was denied and a notice of decision and order will be released.

Because the rehearing was denied, the board left intact its prior disposition of the permit; members who had opposed the permit previously reiterated concerns about the project's scale and neighborhood character.