Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the 350 Beach Rehearing topic
No spam. Unsubscribe anytime.
Board denies rehearing request for 350 Beach Street; 3–2 vote
Summary
The Board of Appeals denied a rehearing request from appellants at 350 Beach Street after attorneys argued newly surfaced 1982 correspondence; the board found no manifest injustice and denied rehearing 3–2.
The San Francisco Board of Appeals on May 5 denied a rehearing request related to 350 Beach Street (appeal 9-153). Attorney Alan Lowe asked the board to reopen the matter, saying the planning department presented October and February 1982 correspondence only days before the March hearing and the appellant lacked an opportunity to brief or rebut that material. "We respectfully request that we are granted the rehearing," Lowe said.
Property-owner counsel and Planning Department staff argued the 1982 letters were not new material that would alter the board's March decision. A department representative told the board the letters had been provided five days before the hearing and that the original 1965 variance remained the controlling instrument. "The 1982 letters played no role in their decision whatsoever," property counsel said.
After commissioners questioned the timing and materiality of the correspondence, Commissioner Mike Garcia moved to deny the rehearing request. The motion carried 3–2: Garcia (mover), President Tanya Peterson and Commissioner Rafael Mandelmann voted to deny; Commissioners Frank Fung and Kendall Goh voted to grant. The board instructed staff to issue a notice of decision and order.
No changes were made to the original determination on the merits; the board's action was procedural, denying further argument on this ground.
