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Board Grants Rehearing Momentum to Sports Basement; ZA Determination Overruled, Findings Due Dec. 6
Summary
After a lengthy de novo hearing, the Board of Appeals overruled the zoning administrator’s determination that 1590 Bryant Street’s last legal use was industrial and indicated it would adopt findings on new evidence on Dec. 6; commissioners asked for detailed findings about the quantum of retail space to be returned at that date.
The Board of Appeals overruled the Planning Department’s July 20, 2006 determination that the building at 1590 Bryant Street’s last legal use was industrial, clearing the way for Sports Basement to pursue retail occupancy pending written findings to be prepared and considered on Dec. 6.
The hearing brought technical record evidence from both sides. Planning’s Tina Tam said department records were mixed and identified a potential need for mandatory discretionary review if more than 5,000 square feet of new retail were added under planning policy. DBI’s Lawrence Kornfield presented a compiled permit history showing the building’s classifications had changed over decades (brewery/warehouse to various retail/office uses) and described how code-classification changes over the years complicate a tidy, conclusive chain of permits.
Sports Basement’s counsel, Mary Murphy, submitted new materials including a CEQA negative declaration and building-permit documents that described the building as containing showroom and retail space (the negative declaration cited roughly 30,000 sq ft of showroom). Sports Basement also submitted letters and sworn statements from former tenants and customers describing retail occupancy beginning in the mid‑1970s and argued that planning’s standard requiring an express change‑of‑use permit (which planning started reviewing in 1977) was too exacting for the historical record.
Commissioners exchanged detailed questions about the evidentiary standard, parking impacts and potential intensification of retail use. Several commissioners expressed sympathy with the Sports Basement evidence and the public testimony about jobs and community benefits but noted that approval of a large amount of retail could require subsequent environmental, design, and parking review when the company files plans.
The Board voted 5–0 to overrule the zoning administrator’s determination; commissioners asked staff and counsel to prepare alternative sets of findings (including a conservative, intermediate and full‑conversion option) and to return to the board on Dec. 6 for adoption of findings, including the quantum of retail the board will find to have historical/legal support.
