Board schedules and continues multiple planning permit appeals, including Callaway, Fillet and Lee

The San Francisco Board of Appeals on Tuesday handled several planning permit appeals and set short briefing and hearing schedules.

Callaway v. DBI (1060 Gilman) was continued to July 9 so the permit holder could submit revised plans addressing planning staff recommendations; the sponsor indicated he could incorporate the conditions discussed and record a notice of special restrictions if needed.

Appellant Augustine Fillet asked for a continuance after receiving revised plans that he said conflicted with the ones he had. Building staff located and distributed the permit and plans; the Board established a truncated briefing schedule and rescheduled the hearing for July 9, with specific instructions to submit copies of revised plans to the Board office and opposing parties prior to the hearing.

In Lee v. DBI (770 Eighteenth Avenue), the Board debated whether the Planning Commission overreached in directing demolition of portions of a recently permitted and constructed addition after a surveyor’s error created a four‑foot rear‑yard discrepancy. Neighbors urged enforcement of the Planning Commission’s tougher corrective measures to preserve neighborhood character; the sponsor and counsel argued that requiring removal of entire floors would be an unprecedented and unfair remedy. To ensure participation by the full Board, members voted to continue the matter one week so the absent commissioner could review the record and participate.

Several commissioners noted the tension between vested‑rights arguments (work completed under permit) and the Planning Commission’s position that an error in the original permit justification created sufficient grounds for discretionary review.