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Board revokes permit after tenant's probate and notice claims; permit holder given 10 days to seek rehearing

San Francisco Board of Appeals · September 13, 2006
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Summary

The Board of Appeals granted an appeal by Galina Smirnova and revoked a building permit issued for work in Unit 272 at 40 Seventh Avenue after finding unresolved probate/notice issues and because the permit-holder did not appear at the hearing.

The San Francisco Board of Appeals granted the appeal of Galina Smirnova and revoked an active building permit issued to the executor/permit-holder for Unit 272 at 40 Seventh Avenue, citing concerns raised by the appellant about probate notice and the absence of the permit-holder at the hearing.

Smirnova told the board she believed the executor had not provided proper notice to heirs and had taken actions she described as attempts to force her out of the unit. With the permit-holder absent (the owner had requested a continuance but did not appear), Smirnova urged the board to cancel the permit. Planning and DBI staff noted the permit-holder could seek rehearing; the board's action requires the office to send a standard no-show notice explaining the revocation and the 10-day rehearing window.

President Fung and the commissioners recorded a unanimous decision to grant the appeal and deny the permit. The board noted administrative follow-up including sending the no-show letter and confirmed the permit-holder retains a 10-day right to request rehearing.

Ending: Appeal granted; permit revoked and subject to the permit-holder's rehearing rights.