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Board denies rehearing request in 1120 Nineteenth Street variance case
Summary
The Board of Appeals denied a rehearing request on a 2010 variance decision for 1120 Nineteenth Street, finding no new facts or manifest injustice; vote was 4–0 to deny rehearing.
The San Francisco Board of Appeals voted unanimously to deny a rehearing request for a September 2010 decision that upheld denial of variances for property at 1120 Nineteenth Street.
Justin Hughes, the rehearing requester, argued the opposition at the original hearing had misrepresented financial and occupancy facts and presented documents the appellant said showed errors in the record. Hughes asserted that refinancing and occupancy claims in the prior proceedings were incorrect and that the board’s earlier ruling would remove housing from the market.
Scott Sanchez of the Planning Department responded that the record before the board contained the relevant information at the time and that the new materials did not present the kind of ‘‘new facts’’ or manifest injustice that justify granting a rehearing. Sanchez said the variance denial was based on land‑use criteria and not the financing issues Hughes emphasized.
Public commenters spoke both for and against rehearing. After commissioners reviewed the record and the rehearing standard, Commissioner Garcia moved to deny the rehearing request; the board voted 4–0 to deny the request and directed that a notice of decision and order issue.
The rehearing denial preserves the board’s prior decision to uphold the zoning administrator’s denial of lot area, rear yard and off‑street parking variances for the property.
