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Board of Appeals continues Bay Drugs appeal for limited new evidence, schedules Jan. 19 hearing
Summary
After hearing conflicting testimony about whether construction occurred before a May 24 permit, the San Francisco Board of Appeals agreed Dec. 15 to continue an appeal involving Bay Drugs LLC (281 Turk St.) to Jan. 19, 2011, allowing one-page supplemental briefs and limited oral testimony to address unpermitted-work claims.
The San Francisco Board of Appeals on Dec. 15 continued an appeal about a permit for Bay Drugs LLC at 281 Turk Street after hearing competing accounts over whether construction was carried out before the permit was issued. The board set a new hearing for Jan. 19, 2011, and limited supplemental briefing and oral testimony to narrow the contested issue.
Board President Tanya Peterson said the matter should be continued to allow the board to receive focused additional evidence rather than open broad new proceedings. The motion to continue passed 5–0.
Why it matters: Appellants argued that a counter wall and other interior work were constructed before the permit was issued, which, if true, could affect the legal basis for a certificate of final completion (CFC). The permit holder’s counsel urged the board to reconsider its earlier decision because, she said, "Bay Drug never had a fair opportunity to respond" to the allegation and that photographs in a recent submission show the space was an empty shell earlier in the year.
What happened at the hearing: Appellant testimony described a counter wall and window cutouts visible in photographs and emails dated May 11 and May 25; one neighbor said the counter wall "was up" on the day the email exhibit was drafted. Department of Building Inspection Deputy Director Lawrence Kornfield told the board that DBI records show complaints logged May 28 and June 8 and a rough framing inspection on May 28, with a CFC recorded on June 25, and he said DBI had no record that an inspector saw unpermitted work before the permit issuance.
Board action and next steps: The board's motion to continue narrowed the subject of supplemental materials for the January hearing to whether unpermitted work was done prior to the May 24 permit. Each party may file one page of supplemental briefing (unlimited exhibits) due the Thursday prior to the Jan. 19 hearing; additional testimony at the hearing is limited to three minutes per party. The board said parties may request further continuances if new evidence at oral argument requires it.
The hearing remains open and the board will reconvene on Jan. 19 with the limited record requested.
