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Board overrules planning department; opens path for limited commercial use at 2500–2510 Folsom Street

San Francisco Board of Appeals · July 8, 2009
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Summary

The San Francisco Board of Appeals voted 5-0 to overrule a Planning Department Letter of Determination that found the ground-floor commercial use at 2500–2510 Folsom Street abandoned; the Board said findings and conditions will be drafted later to limit future uses.

The San Francisco Board of Appeals voted unanimously to overrule a Planning Department Letter of Determination (LOD) that concluded the Ground Floor commercial use at 2500–2510 Folsom Street had been abandoned and therefore could not be restored.

Scott Sanchez, Planning Department staff, presented the department’s historical research and its legal analysis, telling the Board it had "no evidence of commercial use of the property" since about 1965 and that, under the planning code’s nonconforming-use and abandonment provisions, the use had been terminated. Sanchez cited notices sent in 1964 and 1968 and a termination notice in 1971 as the basis for the LOD and said the department had provided alternatives including rezoning to NC1 or seeking conditional-use continuance.

Appellant counsel Brad…

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