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Board allows owner to merge two units at 977 Dolores, overturning Planning Commission
Summary
The Board of Appeals overruled the Planning Commission and granted a dwelling-unit merger at 977 Dolores Street, directing staff to return findings and conditions; vote 4-1. The board cited applicant reliance and housing-size concerns.
The Board of Appeals on March 4 overturned the Planning Commission's denial of a dwelling-unit merger at 977 Dolores Street and granted the permit. The Planning Department had recommended disapproval under Planning Code Section 3.17, citing prevailing density on nearby blocks and the potential loss of an affordable smaller unit.
Applicant Don Skeele said he relied on pre-purchase advice from Planning staff and an architect that a merger was possible; he testified he withdrew from another escrow and purchased the Dolores property in reliance on that guidance. "I met with the planner and she told me that it would not be an issue and provided property information," Skeele said.
Planning staff maintained the merger did not meet the code's five criteria, particularly noting the neighborhood's modal density and the Planning Commission's discretionary review decision. The board, after weighing the evidence, found the applicant's reliance and housing need persuasive and voted 4-1 to reverse the planning denial. Commissioners asked staff to prepare findings and conditions consistent with the board's decision for later adoption.
The board directed that the permit and conditions be brought back for formal findings and that the owner coordinate with Planning and DBI on implementation.
