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Board of Appeals grants Metz reasonable‑modification to merge two units at 51 Prosper St.

January 10, 2024 | San Francisco City, San Francisco County, California


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Board of Appeals grants Metz reasonable‑modification to merge two units at 51 Prosper St.
The San Francisco Board of Appeals voted 5–0 on Jan. 10 to grant an appeal by Tom Metz and adopt a revised reasonable‑modification decision that allows the merger of two units at 51 Prosper Street. The action follows the board’s December hearing and a revised decision submitted by the parties addressing the scope of alterations.

The board’s zoning administrator, Corey Teague, told commissioners the revised letter before them reflected a series of drafts and accurately captured the prior motion and the parties’ agreement. ‘‘I believe the letter that's in front of you, is factually accurate and also captures the spirit of the conversation and the motion from this body at the last hearing,’’ Teague said.

Metz, who attended by Zoom, confirmed for the record that he agreed with the revision but asked one small factual correction: the discussion concerns the kitchen in Apartment 2, not Apartment 5. Commissioners emphasized housing‑access protections for people with disabilities in their remarks; Commissioner John Trezyna cited his experience enforcing the Fair Housing Act and praised the parties’ efforts to craft a reasonable result.

The board framed its motion to grant around two findings: that the revised decision allowed the merger to meet special needs of the applicant, and that it met the criteria in planning code section 305.1(F)(2). After a roll call — Vice President Jose Lopez (aye), Commissioner Lundberg (aye), Commissioner Epler (aye), President Rick Swig (aye) and Commissioner Trezyna (aye) — Swig announced the motion carried 5–0 and the revised decision would be issued the following day if the parties waived rehearing.

With the appeal granted and the revised determination adopted, the zoning administrator said staff would send the decision out promptly. Metz responded, "I do agree," when the board asked whether he waived rehearing.

The board’s action resolves the appeal by approving a limited unit merger tied to the reasonable‑modification framework; any further building permits or inspections will be handled through standard department processes.

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