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Board grants late-jurisdiction request for Presita Avenue permit appeal
Summary
The San Francisco Board of Appeals voted 5–0 to accept a late appeal of building permit 200906231027 for 25–29 Presita Avenue and ordered an expedited hearing; planning staff said notice was not required because the work involved removal of an illegal kitchen and the zoning allows up to two units.
The San Francisco Board of Appeals on the evening in question voted unanimously to grant jurisdiction over a late appeal of building permit 200906231027 for property at 25–29 Presita Avenue. The permit, issued June 23, 2009, had an appeal period that lapsed on July 8; the requester asked the board to hear the appeal on equitable grounds.
Tyler McMillan, attorney for appellant Maureen Murray, said his client had not received a written response but that she sought the board’s consideration. Counsel for the permit holder indicated no objection to a late hearing. Scott Sanchez of the Planning Department told the board that the planning code does not require notice for the work at issue because it involves removing an illegal kitchen and the property remains an RH2 zoning district, which allows up to two dwelling units.
Commissioner Garcia moved to grant jurisdiction and to expedite the hearing if possible; the board voted 5–0 to grant jurisdiction. Staff said a 15-day appeal period would open the day after the vote, and scheduling would follow normal procedures unless the board ordered an expedited hearing. President Fung cast the decisive aye and the board directed staff to work with the appellant on available dates.
The board did not decide the merits of the underlying permit tonight; it only allowed the late filing and set steps for scheduling and briefing. The matter will be calendared for a hearing and the parties were advised to coordinate with staff on timing and submissions.
