Board of Appeals denies rehearing request for 1269 Lombard; 3–1 vote

The San Francisco Board of Appeals on Feb. 16 denied a request for rehearing from appellant F. Joseph Butler over conditions tied to 1269 Lombard Street.

Butler told the board he had discovered a recorded agreement pertaining to a stair and landing that he said affected conditions of approval the Planning Commission adopted in 1998 and that the newly disclosed document should require the board to rehear variance V10‑1110. He argued that granting the previously approved variance without addressing the agreement would preclude restoration and maintenance requirements attached to the earlier approvals.

Brett Gladstone, representing the permit holder, said the agreement had been considered previously and that the prior project that referenced the condition was void; Scott Sanchez of the Planning Department said staff could not find recorded conditions on the subject parcel that would prohibit the proposed development and described a long permitting history in which the new project supersedes earlier, abandoned plans.

Commissioners debated whether the document Butler submitted constituted “new evidence” that had not been available before the former hearings. Commissioner Frank Fung moved to deny the rehearing request. On roll call, the board voted 3–1 to deny the rehearing; President Kendall Goh dissented. The board instructed staff to issue a notice of decision and order.

Why it matters: Butler warned granting the variance without addressing the recorded agreement would allow removal of historic features he said were subject to preservation conditions. The board concluded the record and subsequent approvals do not require reopening the case.

The board’s action was procedural; no substantive change to the permit was announced and the board directed staff to release the formal notice of decision.