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Planning staff brief commissioners on Board of Appeals rulings and rehearing requests, including 943 Church Street
Summary
Planning staff reported on recent Board of Appeals activity: a de novo variance/exception hearing with a 3–2 result upholding a project, a jurisdictional dispute over the Soo Mill site, a stop-work issue at 943 Church Street, and a rehearing granted for 2616 Irving Street with a new hearing set for Oct. 3, 2007.
Planning Department staff updated the San Francisco Planning Commission on Aug. 30, 2007, about several recent Board of Appeals actions and pending items affecting projects in the city.
Craig Nikitas of planning staff told commissioners that the Board of Appeals held a second hearing on exceptions and variances and that, while the board often considers matters de novo, the 309 appeal (a referenced appeal type) was limited in scope; the board ultimately upheld a project in a 3–2 vote after considering wind and parking issues.
Staff also briefed the commission on jurisdictional and procedural disputes. The Soo Mill (also referenced as Sue Mill in the record) site and related cases prompted questions about which housing element (1991 or 2004) applied; the board voted 5–0 to deny jurisdiction on one matter. On 943 Church Street staff said a stop-work order had been issued for a portion of the project, a 15-day appeal period was missed by an applicant (the notice was sent to the project address rather than the business address), and the matter may return to court.
Separately, staff said the commission had granted a rehearing request for 2616 Irving Street by a 5–0 vote; the rehearing was scheduled for Oct. 3, 2007.
Commissioners pressed staff for clarification about whether injunctions or suspensions were in effect; staff answered that DBI (Department of Building Inspection) is the agency that can suspend permits and that no injunction was currently in effect for the projects discussed.
