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Board of Appeals denies rehearing request for 1753 Beach Street; finds no new structural facts

San Francisco Board of Appeals · April 18, 2012
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Summary

The Board of Appeals on April 18 denied a rehearing request from Beth Wiesner challenging a prior decision about a permit at 1753 Beach St., concluding DBI had reviewed revision plans and no new evidence warranted rehearing; vote was 5-0.

The San Francisco Board of Appeals denied a rehearing request related to 1753 Beach Street on April 18, concluding the Department of Building Inspection (DBI) had already reviewed revised structural plans and that no new facts justified reopening the case. The board voted 5-0 to deny the request.

Appellant Beth Wiesner, represented by counsel Anthony Soldado, asked the board to reopen appeal No. 12-004, asserting that revised drawings submitted after the prior hearing relocated structural members into the attic to compensate for removal of a bearing wall and that this change was not before the board when it decided the earlier appeal. Her engineer-witness, Mr. Buskovich, said those revisions could affect structural support and argued they were newly discovered facts that warranted rehearing.

Permit-holder counsel Brian Soriano and DBI inspector Joe Duffy told the board the revised permit includes relocated supports but that DBI and the city structural engineer had evaluated the revisions and found them structurally sound. Soriano called the plea for rehearing a new argument rather than new evidence and said the revisions were reviewed and approved by appropriate city engineers.

Several public speakers weighed in during public comment. An attendee, Butch Hayes, urged the board to deny the rehearing and called the challenge an attempt to delay construction.

Commissioner Fung moved to deny the rehearing; Vice President Huang, Commissioners Hillis and Hurtado, and President Garcia supported the motion. The board recorded a unanimous 5-0 vote to deny the rehearing, and directed that a Notice of Decision and Order be issued. The board left the matter to DBI for any further technical or enforcement follow-up.

The board's action resolves the procedural request for rehearing; it does not itself change DBI's technical reviews. The Notice of Decision will be released administratively as the board recorded its finding that no new facts merited reopening the appeal.