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www.sfplanning.org
Board of Appeals Brief
Date: April 5, 2018 Hearing Date: April 11, 2018 Appeal No.: 18-014 Project Address: 2239 Market Street Block/Lot: 3559/002 Zoning/Height: Upper Market NCT / 50-X Staff Contact: Corey Teague – (415) 575-9081 [email protected]
INTRODUCTION
Formula Retail uses require Conditional Use Authorization in the Upper Market NCT
zoning district, where the subject property is located. The Zoning Administrator issued a
Notice of Violation (NoV) to Sweet Inspirations Bakery on January 22, 2018 stating that the
business was operating as a Formula Retail use without the required Conditional Use
Authorization. While the violation has since been abated, and the subject business is no
longer in operation, the NoV was appealed.
PROPERTY INFORMATION
The subject property is located at 2239 Market Street in the Upper Market
Neighborhood Commercial Transit (NCT) Zoning District, and a 50-X Height and Bulk
District. The subject commercial space is located at the ground floor of the existing building.
BACKGROUND
Please refer to the NoV issued on January 22, 2018, especially the “TIMELINE OF
INVESTIGATION” section.
ISSUES ON APPEAL
The Appellant (Ryan Scott) did not file a brief for this appeal. However, his
“Preliminary Statement of Appeal” stated that he was new to this issue, and that he wanted
to fix the problem. The information in the NoV showed that Sweet Inspirations was operating
Board of Appeals Brief Appeal No. 18-014 2239 Market Street Hearing Date: April 11, 2018
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as a Formula Retail use because it included two or more standard features of a qualifying
establishment (i.e. Ike’s Place) that had more than 11 establishments worldwide (various
“Ike’s” restaurants total more than 30 locations worldwide). The standard features included
1) using Ike’s Place’s registered trademark at the location and in online marketing, 2) serving
Ike’s Place’s standardized merchandise (i.e. sandwiches), and 3) using uniform apparel
(Ike’s Place t-shirts for workers).
Since issuance of the NoV, the violation has been abated, as Sweet Inspirations
Bakery closed on March 1, 2018. Because the violation was abated, no penalties are due to
the Department. However, as stated in the NoV, the responsible party is subject to a fee of
$2,622.14 to cover the “Time and Materials” (T&M) cost associated with the Code
Enforcement investigation. Pursuant to Planning Code Section 350(g)(1), the Department
shall charge for T&M to recover the costs of correction Planning Code violations.
CONCLUSION
The Department respectfully requests that the Board of Appeals uphold the Zoning
Administrator’s Notice of Violation issued on January 18, 2018 so that the requisite Time and
Materials costs may be collected as required by the Planning Code.
Cc: Ryan Scott – Appellant Ike Shehadeh
