Board of Appeals denies late‑filing jurisdiction request for 2734 Baker Street

The San Francisco Board of Appeals denied a request to accept a late appeal of a building permit for 2734 Baker Street on Oct. 7, 2009, voting 4–0.

Patricia Boyd asked the board to accept a jurisdiction request after the 15‑day appeal period had lapsed, saying she inadvertently missed a notice showing the permit was signed off on Aug. 28, 2009. Owner Bashir Wada and his counsel argued the Department of Building Inspection (DBI) and Planning followed required timelines and that city rules make the 15‑day appeal period mandatory.

Lawrence Kornfield of DBI pointed to a mailed notice dated Aug. 31, 2009, that informed the owner and neighbors that appeals had to be filed within 15 days. Planning staff Scott Sanchez said Section 311 notification had been issued, discretionary review had been denied by the Planning Commission, and staff concluded the project complied with the residential design guidelines.

Several commissioners said the jurisdiction packet did not include a brief outlining the merits of the appeal as required by the Board’s appeal procedures. Commissioner Michael Garcia moved to deny jurisdiction, saying the case had been through extensive prior review and the requester had not made a case for reopening the matter. The motion carried 4–0; President Fung was absent.

Because the board’s rules and the DBI notice show the appeal period is tightly enforced, the board declined to accept late filing in this case. No rehearing or further action on the permit was ordered; the denial of jurisdiction leaves the permit approval in place pending any other administrative procedures.

The Board’s clerk recorded the vote and moved to the next calendar item.