Zacks & Freedman Wins at Board of Appeals; Tenderloin Housing Clinic’s 1997 Determination Overturned

Posted on 8 | 24 | 2012 in News

8 | 24 | 2012  

BOARD OVERTURNS TENDERLOIN HOUSING CLINIC’S 1997 DETERMINATION

Board of Appeals’ Decision Allows Beach Motel to Seek Extension of Tourist Motel Status

Wednesday night at City Hall, the San Francisco Board of Appeals held a final hearing on the Beach Motel/City of San Francisco/Tenderloin Housing Clinic conflict. By a unanimous vote in favor of the Beach Motel, the Board of Appeals overturned the Tenderloin Housing Clinic’s 1997 Zoning Administrator Letter of Determination (“Letter of Determination”).

The Board’s action enables the Beach Motel to seek an extension of its lawful “grandfathered” tourist motel status by submitting an application to the Planning Commission for “conditional use authorization” within 30 days.

Andrew M. Zacks, Esq., managing shareholder of Zacks & Freedman, P.C., said the following: “The Board of Appeals made the right decision. After two decades of litigation against the City and the Tenderloin Housing Clinic, our client will finally see justice.”

Wednesday’s decision follows an August 11, 2012 victory by the Beach Motel over the Tenderloin Housing Clinic at the Board of Appeals. The Beach Motel won the right to a rehearing on the Letter of Determination, in part because the Letter of Determination ignored the City’s own evidence that the subject property (4201-4211 Judah Street) has been a tourist motel since 1957.

Zacks & Freedman, P.C. is dedicated to advocating for the rights of property owners. With experience and knowledge in rent control issues, zoning, permitting, transactional disputes and other real estate matters, Zacks & Freedman, P.C. has successfully advocated its clients’ positions before local administrative tribunals and at all levels of the State and Federal courts, including the U.S. Supreme Court.

View a video of the Board of Appeals hearing.

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For more information or to schedule an interview with Andrew M. Zacks, Esq., please contact Ryan J. Patterson, Esq. at (415) 956-8100 or at ryanp@zulpc.com.