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Board dismisses 7‑Eleven Kearny appeal on jurisdictional grounds; sets findings adoption for June 17
Summary
The board denied an appeal by 7‑Eleven challenging the Planning Commission denial for 652 Kearny Street, ruling the new formula‑retail conditional‑use requirement applies and ordering findings to be drafted for adoption on June 17.
The Board of Appeals denied an appeal from 7‑Eleven over a planning denial for a proposed store at 652 Kearny Street, concluding the city’s recently adopted formula‑retail rules require a conditional‑use process and that the board lacks jurisdiction to grant the building permit as applied for.
Counsel for the applicant argued the ordinance was enacted in response to 7‑Eleven’s application and…
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