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Board denies rehearing request for 940 Cayuga Avenue firewall dispute
Summary
The board denied a rehearing request in Panos v. DBI for 940 Cayuga Avenue, rejecting the permit holder’s request to preserve a portion of a firewall and to revise the prior ruling. The vote to deny the rehearing was 4–0 and a notice of decision will issue.
The San Francisco Board of Appeals denied a rehearing request in the appeal over 940 Cayuga Avenue, concluding the permit holder had not presented new information to justify reopening the case.
Permit holder Weng Tong asked the board to modify the earlier ruling so he could retain a lower portion of a firewall and to change the setback language. He described the lower firewall section as a practical "second fence" that would protect his backyard and neighbor’s fence.
Appellant Nancy Panos opposed the rehearing, telling the board she did not concur with the proposed change and that the record already reflected the parties’ positions. "I do not believe that Mister Tong has provided any new information or evidence to justify a rehearing," Panos said, asking the board to deny the request.
Commissioners discussed whether facts presented at the rehearing request differed materially from previous hearings. Commissioner Mandelmann moved to deny the request. The roll call vote was 4–0 in favor of denial (President Frank Fung, Commissioner Kendall Goh, Vice President Tanya Peterson and Commissioner Mandelmann voting aye; Commissioner Michael Garcia absent). The board directed that a notice of decision and order be issued.
The rehearing denial means the earlier order — which required removal of the firewall extension and a three‑foot setback — will remain in effect unless the parties pursue other remedies provided by law.
