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Board denies jurisdiction requests for 234 Ninth Street after notice dispute
Summary
A resident's late jurisdiction request for 234 Ninth Street was denied by the Board of Appeals, which found the appeals and permits had aged and that planning and building notification procedures did not justify taking jurisdiction; the vote was 4–0 to deny.
The San Francisco Board of Appeals on Jan. 18 denied jurisdiction requests related to a variance and subsequent building permit for 234 Ninth Street, concluding there was no compelling basis to accept jurisdiction after reviewing notice records and timelines.
A neighborhood resident told the board she had not seen required postings and said the planning department denied her ADA reasonable‑accommodation request; she said she first noticed postings around Dec. 19 and filed a jurisdiction request Dec. 30. Planning and DBI witnesses presented records showing multiple prior notices, a variance hearing, and a building permit that became final in mid‑2011. Planning staff and DBI also explained differences between variance (300‑ft owner notice) and section 3.12 notices to occupants and the limits of what each notice covers.
Following deliberation—where commissioners noted concerns about reasonable accommodations and the limits of DBI/planning notice authorities—the board voted 4–0 to deny jurisdiction for both the variance and the building permit, while encouraging communication between the permit holder's representative and the jurisdiction requester to attempt to resolve neighbor concerns informally.
