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Board denies late‑jurisdiction request for 448 Diamond Street; project found properly noticed
Summary
The Board denied a jurisdiction request from Deborah Reebok over a permit for 448 Diamond Street, finding notice and discretionary review were handled under Planning Department procedures and concluding the request did not show city error or prejudice.
The Board of Appeals denied a late jurisdiction request regarding a permit for 448 Diamond Street after hearing testimony that the project had been the subject of a mandatory discretionary review and neighborhood notification.
Deborah Reebok told the board she had supported the neighbor’s application on the understanding the rear deck would be lower than hers; she later said the built work differed from that understanding and sought to reopen the appeal period. Permit counsel Craig Nikitas and Planning Department staff noted the project went through a mandatory discretionary review (Section 3.11 notice) and that no neighbor discretionary views had been filed; Planning’s Scott Sanchez said materials and drawings were provided during the planning process. The permit holder provided photos and drawings showing the project complied with the approved dimensions and CC&R evidence that the roof area is exclusive to the permit holder.
Commissioners weighed the time elapsed and the documentary record and concluded the facts did not show the city had deprived the requester of appeal rights. The motion to deny jurisdiction passed 4‑0. The Board suggested the parties pursue neighborly screening or other mitigations if desired but left the underlying zoning and permit determinations intact.
