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Board grants one‑year continuance on rehearing request for 117989 Tennessee St.
Summary
After debate over jurisdiction and possible Brown Act concerns, the Board of Appeals agreed to continue a rehearing request for 117989 Tennessee Street for one year to allow the parties and the courts to resolve parallel proceedings.
The board considered a rehearing request filed by attorney Tom Lippe on behalf of appellant Reagan Carroll concerning a permit denial for a proposed four‑story building at 117989 Tennessee Street. Lippe told the board there were two grounds for rehearing: (1) the board’s jurisdiction and (2) procedural concerns arising from alleged private communications with the city attorney that might implicate the Brown Act. "The way we read Ms. Albright's testimony when we got the transcript... suggested that there had been confidential communications," Lippe stated during his three-minute presentation.
Tina Tam of the Planning Department said she had not seen new information in the rehearing packet that would change the department's position. Commissioners discussed the rehearing standard (manifest injustice) and whether jurisdictional or Brown Act issues met that standard. Some members proposed intermediate accommodations — a stay or a one‑year continuance to allow related court proceedings to conclude or to permit use of alternate administrative pathways such as a certificate of appropriateness.
Commissioner Fung moved to continue the rehearing request for one year; the motion carried with a recorded vote of 4–0. The board instructed staff to notify the parties of scheduling and to make sure the appellant shares any supplemental materials with interested parties.
Next steps: The matter is continued for one year; if a related court ruling resolves the controversy, parties may proceed accordingly. The board noted that the appellant has options including seeking a stay or pursuing alternative permit tracks.
