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Board denies jurisdiction request over 55 Manchester after neighbors dispute unit count
Summary
The San Francisco Board of Appeals denied a jurisdictional review of permits for 55 Manchester Street, finding the record supports a six-unit configuration and declining to reopen permit appeals; the motion failed 3-1 with Commissioner Goh recused.
The San Francisco Board of Appeals on March 4 denied a request to take jurisdiction over recent building permits for 55 Manchester Street, concluding the Department of Building Inspection records support the property's designation as a six-unit building.
Demise Garepas, the jurisdiction requester, told the board she had been confused by a series of serial permits and said she was misled by the permit holder's representations about the scope of work. "I request jurisdictional review on this matter based on confusing serial permitting, consistent misrepresentation," Garepas said during public comment.
Owner Leo McFadden and Department of Building Inspection staff countered that historical permits and records going back to the 1940s indicate the property was and remains a six-unit building. Spencer Gosh of DBI said the department's records "concur that it appears from the records the last legal number of units was 6 based on the same building permit" cited by the owner. Planning staff noted that one recent permit (for fire sprinklers) was not routed to Planning and thus did not trigger block-book notifications.
Commissioner Kendall Goh recused himself because he lives near the property and has been involved in the matter. After discussion, Commissioner Michael Garcia moved to deny the jurisdiction request; the roll call recorded a 3-1 outcome with Commissioner Mandelmann opposed and Commissioner Goh recused. The board's clerk announced the vote as "3 to 1" and the jurisdiction request was denied.
The decision leaves in place the department-issued permits and the usual appeal windows for the permit types at issue. Neighbors said they plan further appeals on the most recent permit now that they understand the notice and review process.
