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Board of Appeals sets briefing deadline, limits supplemental filings in 130 Second Ave. appeal

San Francisco Board of Appeals · January 20, 2010
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Summary

Parties agreed the record for appeals at 130 Second Ave. needed supplementation. The board rejected the previously late filing, reopened briefing with a single 5-page update due Jan. 28, and allowed 5-minute oral updates at the continued Feb. 3 hearing.

The San Francisco Board of Appeals on Jan. 20 set a single, short briefing schedule for the contested appeals related to 130 Second Avenue after parties and city staff said the record was incomplete and an investigation remained open.

Derek St. Pierre, representing Stephen Williams, asked the board to accept additional briefing because the prior hearing took place late and some participants and commissioners were fatigued. Appellant counsel Alice Barclay said she would not oppose additional briefing but asked that new material be limited to the investigation about potential illegal commercial use of the property. Planning Department staff Scott Sanchez told the board the department had reopened an investigation and requested a single joint briefing deadline to ensure all parties and the department could submit coordinated materials.

The board voted 5-0 to reject Williams’ previously submitted late brief, reopen briefing with a single update limited to five pages due Jan. 28, and permit each party five minutes to present updates at the continued hearing. The board also allowed parties to address new material orally at the continued hearing. Commissioners discussed a page limit (suggested five pages) and ensuring the department had time to reply in writing.

The procedural order preserves the board’s ability to consider the merits at the continued hearing while ensuring all parties — including the city — have an opportunity to respond to supplemental facts the department may uncover.