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Board declines jurisdiction over Athleta letter of determination after neighbors say they lacked notice
Summary
Small-business owners on Fillmore Street urged the San Francisco Board of Appeals to reopen a 15‑day appeal period for an April letter of determination that Athleta was not a formula retail use, saying the LOD had no address and deprived neighbors of notice. The board declined to take jurisdiction for lack of the four votes the code requires for reopening appeals.
The San Francisco Board of Appeals on July 21 declined a request from Fillmore Street merchants to reopen the appeal period for a Planning Department letter of determination that Athleta (a Gap Inc. brand) would not be classified as formula retail.
Patty Pizzotto, owner of Clary Sage Organics, and Karen Siegel, the store’s general manager, told the board they first learned Athleta was interested in the Junior League storefront on May 12 and that the April 8 letter of determination (LOD) the Planning Department issued contained no property address and therefore produced no meaningful notice to nearby…
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