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Board upholds notice of violation for Irving Street formula retail use
Summary
The Board of Appeals upheld the Planning Department's notice of violation and required the business at 2116 Irving Street to seek conditional use authorization under the planning code; the vote was 5-0.
The Board of Appeals voted 5-0 to uphold a notice of violation issued to the operator of a small self‑service restaurant at 2116 Irving Street, ruling that the use qualifies as "formula retail" and must be legalized through the Planning Department’s conditional use process.
Scott Sanchez of the Planning Department told commissioners the business opened in July 2006 and did not complete the required building and sign permits; the Small Business Protection Act (which added Planning Code section 703.4) now requires conditional use authorization for formula retail. Appellant representatives said some work predated the code change and that permits had been pursued, but planning staff said the July 2006 permit did not finalize required inspections and did not include signage or awning permits.
After hearing appellant Christina Chang and department staff, the board found the record insufficient to avoid the conditional-use requirement. Commissioner Fung moved to uphold the zoning administrator’s notice of violation; the motion carried 5-0. The board’s action requires the owner to file for conditional use authorization to legalize the operation under current code.
Next steps: the owner must file the conditional use application and follow Planning’s notice and hearing procedures.
