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Board continues appeal over zoning at 1307 Hayes; appellant given until Dec. 10 to supply evidence
Summary
The Board of Appeals continued an appeal by Robert Penn over zoning and alleged legal nonconforming commercial use at 1307 Hayes Street to Dec. 10, directing the appellant to provide documentation (leases, billing or tax records) that could demonstrate continuous commercial use and address abandonment under Planning Code Section 183.
The Board of Appeals continued a contested zoning determination concerning 1307 Hayes Street to Dec. 10 to give the appellant time to assemble documentation on whether commercial activity there was continuous and therefore legally nonconforming.
Planning staff told the board that departmental records show the property is zoned RM-1 and that historical files show commercial use in the 1930s–1940s but no records proving uninterrupted commercial use since the 1950s. Planner Tina Tam said the department’s files do not show evidence that would sustain a claim that a continuous commercial enterprise existed and cautioned that abandonment rules apply when commercial use has lapsed more than three years.
Sasha Penn, representing his parents who own the property, said the ground floor historically had commercial uses and described recent efforts to use the front as an office to manage rental properties. He said he would gather lease and tax records and other evidence to support a claim of continued commercial occupancy.
Commissioners debated whether the effect of Section 183 (abandonment) creates a “clean slate” requiring compliance with current zoning or whether earlier approvals and permit history could preserve nonconforming rights. The board gave the appellant until Dec. 10 to assemble records and allowed a continuation so planning staff can evaluate any new documentation. The continuance passed 4–0.
No final determination on number of dwelling units or use was made at the Aug. 13 meeting; the continuance preserves the parties’ ability to make further arguments and for planning to provide additional file-based context.
