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Board grants appeal over 1997 zoning determination for 4201–4211 Judah Street
Summary
The Board granted a rehearing and overruled a 1997 letter of determination for 4201–4211 Judah Street, adopting findings proposed by the appellant and adding a finding that the zoning administrator erred; the decision sends the matter toward the Planning Commission for conditional-use review.
The San Francisco Board of Appeals on Aug. 22 granted an appeal and overruled a 1997 letter of determination concerning 4201–4211 Judah Street, adopting a stipulated statement of decision proposed by the appellant and adding a finding that the zoning administrator erred.
Andrew Zacks, attorney for the appellant Azabai (Basavai) Patel, asked the Board to adopt a stipulated proposed statement of decision that Planning Department staff and representatives of the Tenderloin Housing Clinic had accepted. Zacks told the Board the parties agreed the matter should proceed with the proposed findings that would allow the applicant to seek conditional-use authorization to continue a tourist-motel use.
Steve Collier, staff attorney for the Tenderloin Housing Clinic, told the Board the stipulation was intended to move the question to the Planning Commission, where a conditional-use hearing can determine whether the use should continue.
Scott Sanchez of the Planning Department confirmed that new information not available in 1997 justified rehearing and that a finding of legal nonconforming use would make the Planning Commission the appropriate forum for conditional-use authorization. Sanchez said the planning department had reviewed the appellant’s materials and believed the file contained new information affecting the original determination.
Vice President Frank Fung moved to grant the appeal and overrule the letter of determination, adopting the appellant’s proposed findings and adding a finding that the zoning administrator erred in failing to recognize information available in 1997. The Board recorded a 4–0 vote to grant the appeal; a notice of decision will be released.
The Board recorded that the matter is subject to an "abuse of discretion" or standard of error review in the administrative record. The next procedural step identified in the hearing is the Planning Commission public hearing on any conditional-use authorization.
