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Board of Appeals upholds notice of violation against Winfield Design over BMR compliance
Summary
The Board of Appeals voted 5–0 to uphold a notice of violation and penalty against Winfield Design International Inc. for failing to meet inclusionary affordable‑housing conditions at 3020 Third Street after legal challenges alleging Costa‑Hawkins preemption and a takings claim; the board relied largely on the city's contention that the 90‑day statute to challenge conditions had run.
The San Francisco Board of Appeals unanimously (5–0) upheld a notice of violation and penalty (NOV&P) Nov. 16, 2011, issued to Winfield Design International Inc. for failing to meet conditions of approval requiring below‑market‑rate (BMR) units at the property identified as 3020 Third Street (also cited as 2690 Harrison Street).
Edward Suman, counsel for Winfield Design, argued the ownership and entitlement history meant the property qualified under the Costa‑Hawkins Rental Housing Act and that requiring the owner to provide BMR units without concessions amounted to an unlawful taking and violated equal‑protection principles. Suman also sought to avoid a Government Code §65009 (90‑day) limitations bar by invoking constitutional claims and case law (he cited Palmer and other authorities in…
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