Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Administrative Decision topic
No spam. Unsubscribe anytime.
Board revokes permit for Bay Drugs at 281 Church St., findings to follow
Summary
After debate over process and a late request for continuance, the Board of Appeals voted 4-1 to overturn and revoke the Department of Building Inspection permit for Bay Drugs LLC at 281 Church St.; findings will be prepared at a later date.
The San Francisco Board of Appeals voted 4-1 on Oct. 13 to revoke the Department of Building Inspection permit for Bay Drugs LLC at 281 Church Street, ordering findings to follow. The permit had been the subject of earlier hearings and a request by the permit holder that the board designate a certified transcript as the official record.
The board first granted the permit holder’s request to make the official transcript of the hearing the record of the proceeding by a unanimous 5-0 vote. Later in the meeting, after argument about whether to allow newly retained counsel to brief the matter and whether additional evidence or legal briefing was appropriate, Vice President Kendall Goh moved to overturn the permit; the motion passed on roll call with four votes in favor and one opposed.
Benjamin Kaplan, counsel for the permit holder, urged a continuance to Dec. 8 to allow additional briefing on legal issues he said were raised by commissioners. Opponents and some commissioners argued the hearing had been held and closed and that further briefing would prejudice the other side; the board considered the fairness and timing of the continuance request before taking its action.
The board’s revocation will be accompanied by formal written findings at a later date, as the board stated when it announced the vote. Parties were told the City Charter requires four votes to overturn a departmental action and that the board had met that threshold.
