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San Francisco Board of Appeals upholds multiple permits and continues several appeals after marathon session

San Francisco Board of Appeals · August 1, 2007
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Summary

The Board of Appeals heard a full calendar of jurisdiction requests, permit protests and enforcement matters, denying two late-jurisdiction requests and upholding or conditioning several residential permits. The Board upheld planning on two enforcement actions involving formula-retail uses and set multiple continuances for further review.

The San Francisco Board of Appeals on a busy evening handled a slate of late-jurisdiction requests, code-enforcement appeals and permit protests, voting on several contested items and continuing others for further review.

The board denied late-jurisdiction requests for appeals at 145 Edinburgh Street and 943 Church Street after commissioners concluded the applicants had not met the legal threshold for reopening an appeal window. In both instances the Planning and Building Departments presented the underlying permit and enforcement records; the board noted administrative remedies remain if unpermitted conversions occur.

On enforcement matters, the board upheld the Planning Department’s notices for two Quickley (tapioca-drink) locations, finding their operators had not perfected required building permits and therefore must pursue conditional-use authorization where required by Planning Code Section 703.4. For one Quickley location in the Castro district the board gave the operator time to seek alternatives and continued that appeal to October 24.

The board also disposed of several residential permit protests. It reduced DBI penalties from nine times to two times the normal fee for two permit-enforcement appeals (777 Athens Street and 10 Salito Drive) on a unanimous vote, adopted findings in a rehearing-related variance for 180 Corwin Street (which included an in-lieu housing fee), and upheld a set of single-family additions after findings that projects complied with applicable residential design guidance. Several contested matters were continued to future dates for additional legal or procedural work, including a Notice of Special Restrictions / inclusionary-housing question tied to a multi-lot subdivision, which the board continued to September 19 for further review.

Planning Department staff and the board repeatedly distinguished between discussion and formal action: where the board accepted jurisdiction it would hear merits in a later hearing; where it denied jurisdiction, DBI or Planning enforcement pathways remain available to neighbors. The meeting adjourned after the board voted 4–0 on several permit decisions, with a number of items continued to dates noted in the calendar.

The Board scheduled follow-up dates and directed staff to prepare record materials where commissioners requested legal research or clarifying information.