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Board upholds letter of determination that 1307 Hayes Street is residential RM-1
Summary
The Board of Appeals affirmed a Planning Department determination that 1307 Hayes Street is zoned RM-1 and that claimed commercial uses were abandoned or unsupported by records; the board found insufficient evidence of continuous commercial use since 1960 and denied the appeal.
The San Francisco Board of Appeals on Wednesday denied an appeal by Robert Penn challenging a zoning determination that 1307 Hayes Street is zoned RM-1 (residential) and not a continuing commercial property.
Scott Sanchez of the planning department told the board that city records show the property—s last documented commercial use was a bar/pizza parlor in 1960 and that the site has been zoned residential RM-1 since a 1974 citywide rezoning. Sanchez said the department searched assessor and permit files and found no verified evidence of continuous commercial activity that would support a nonconforming commercial use.
Appellant Bobby Penn identified past commercial activity and submitted MLS and assessor materials and photographs, but commissioners and planning staff concluded the documentary record was ambiguous and did not establish continuous commercial use or proper nonconforming status. The board voted 5-0 to uphold the Planning Department—s letter of determination.
What—s next: The appellant may pursue rezoning or other discretionary remedies, but the board—s decision leaves the property classified RM-1 under current planning records.
