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Board of Appeals roundup: denials for jurisdiction/rehearing requests, penalties upheld, and permits overturned
Summary
The San Francisco Board of Appeals issued several unanimous outcomes: it denied multiple jurisdiction and rehearing requests, upheld DBI penalties for illegal electrical heat, overturned a building permit in a landlord-tenant dispute and upheld a planning determination affecting Sports Basement.
At its regular meeting the San Francisco Board of Appeals resolved multiple contested procedural and permit matters. Key outcomes included:
- Jurisdiction requests and rehearing: The board denied a late-filing jurisdiction request for a penalty appeal at 74 Museum Way and denied a jurisdiction request related to remodeling work at 1735 Van Ness Avenue after hearing appellant Harold Darling's testimony and permits-holder responses (each denial recorded by roll calls). The board also voted not to grant a rehearing on the 400 Paul Avenue conditional-use time-extension matter, concluding existing records did not present new evidence sufficient to reopen the case.
- Code-enforcement penalty upheld: The board upheld a Department of Building Inspection penalty imposed for installation of electric heaters without permits at a 700 E Taylor Street apartment building. DBI explained that the work by the owner circumvented minimum habitability and California Energy Code requirements; commissioners said the electrical and safety risks weighed in favor of upholding the penalty.
- Permit overturned in probate/tenant dispute: The board granted an appeal by Galina Smirnova concerning a permit issued to the property's executor for work in Unit 272, citing unresolved probate/notice issues and the permit holder's absence from the hearing; the permit was revoked and the permit holder will have 10 days to seek rehearing.
- Other outcomes: The board upheld the zoning administrator's determination regarding Sports Basement's proposed retail use at 1590 Bryant Street, directing that mandatory discretionary review under the city's PDR policy apply to expanded retail beyond local thresholds. The board also upheld a variance for an addition at 289 Frederick Street.
These results were largely unanimous and recorded by roll call; parties may request rehearing within 10 days where applicable. The board's packet and adopted findings will contain the formal rationale for each decision.
