Board of Appeals denies rehearing for 939 Lombard, citing no new evidence

The San Francisco Board of Appeals on Wednesday denied a rehearing request for two permits tied to 939 Lombard Street, concluding the appellant failed to present new facts that would have changed the outcome of earlier reviews.

Martin Ang asked the board to reconsider appeals decided March 27, arguing the project’s excavation and foundations posed risks to neighboring buildings and urging additional testing, bonds and insurance to reduce potential city liability. Ang said he was not seeking to overturn the permits outright but wanted the city to require pre‑excavation testing, independent inspections, and stronger financial assurances for the developer.

Counsel for the permit holder, Tara Sullivan of Ruben, Junius & Rose, told the board the rehearing standards require new or different material facts and that Ang’s submittal failed to meet that threshold. Sullivan said the appellant has had multiple prior hearings and had not produced expert evidence, documentation, or an explanation for why such evidence was not offered earlier.

Planning and Building Inspection staff also recommended denying the request. Corey Teague, the planning department’s zoning administrator, and Kevin Birmingham of DBI told the board they saw no new information that would justify a rehearing.

Commissioner Rick Swig moved to deny the rehearing request on the basis that the standard for rehearing was not met. The motion carried, 5–0. The board’s decision leaves the March 27 rulings in place and does not modify the permits for demolition and the proposed four‑story single‑family dwelling at 939 Lombard Street.

The board’s office will issue the written decision with formal findings and the vote tally. Appellants retain other legal avenues available under municipal rules but the board concluded that the rehearing standard—new facts or circumstances that would have affected the original outcome—was not satisfied.