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Board denies rehearing request for 1980 Golden Gate/800–808 Lyon permit revocation
Summary
The Board of Appeals denied a rehearing request concerning the revocation of a permit for 1980 Golden Gate (800–808 Lyon Street), finding no new evidence and voting 4–1 to deny rehearing; tenants and neighbors expressed concern about removal of a rear deck that serves as a second means of egress.
The San Francisco Board of Appeals on Dec. 17 denied a rehearing request for appeal no. 08-052, concerning a permit revocation affecting the property at 1980 Golden Gate Avenue (also referenced as 800–808 Lyon Street). The board voted 4–1 to deny rehearing, concluding there was no new evidence sufficient to justify re-opening the case.
Attorney Andrew Zacks, representing the rehearing requester, told the board that recent construction to remove a rear deck that had functioned as a second means of egress created a new fact that, he argued, should justify rehearing. Zacks said removal would leave the building without a code-compliant second means of egress and risk tenant displacement.
Tenants and neighbors — including tenant representative Raquel Fox and resident Kurt Mueller — said they were surprised by the removal work and that tenants had not received notice. Fox said her group had filed a declaratory relief action challenging a judgment extinguishing an easement and that they might seek a temporary restraining order to halt further work.
Lawrence Kornfield, chief building inspector for the Department of Building Inspection, told the board that removing a second means of egress for units that require it could render those units uninhabitable until temporary exiting or repairs restored code compliance. Planning staff had previously noted that cutting into the building—s facade to provide required window sizes would be a substantial alteration and triggers additional review.
Commissioners debated whether the change described by counsel constituted "new evidence" or a "manifest injustice" under the board—s rehearing standard. Vice President Frank Fung moved to deny rehearing; the roll call vote was 4–1 with President Michael Garcia the lone dissent. The board directed staff to issue a final notice of decision.
What happens next: the rehearing request was denied and board staff will issue final notice. Tenants indicated they may pursue a court stay independently.
