3/16/2024 0 Comments San francisco parcel map![]() ![]() Their argument did not convince the board members or assembled city department experts. “We feel the board took the conservative out and did not address our rights as easement holders.” “I think DBI is ill prepared for easement owners pulling permits,” said Rucker, referring to the Department of Building Inspection. Menendez said that he filled out the form with advice from staff at the Department of Building Inspection. Menendez and his business partner Rudy Rucker said that there was no field on the form to specify that they had a prescriptive easement - meaning a right to use land owned by another because of historic use - so Menendez filled in the “owner” box instead. Although Monkeybrains has paid more than $20,000 in back taxes on the parcel, it does not own the land. The fence permit was revoked on the grounds that Alex Menendez, co-owner of Monkeybrains, claimed on his application form that an LLC affiliated with his company owned the land the fence sits on. Screenshot from meeting on April 26, 2023. But in the meantime, we really need you all to work together.” The Board of Appeals. “I wish we could settle this this evening, and I’m sorry we can’t do that for you. “I don’t see bad actors on either side of this,” said Lopez. The land has had no clear ownership for decades, despite being fenced off.Īt the end of the night, the board implored the two groups involved in the dispute, Mission Greenway and Monkeybrains, to find a way to compromise and share the space. Members of Mission Greenway said they were concerned that a new fence would be used to keep them off the land, which they intend to convert into public green space. ![]() Monkeybrains’ co-founders, Alex Menedez and Rudy Rucker, said that they need the space for loading and unloading from their warehouse, and that replacing the current chain-link fence with a sturdier iron fence would “reduce neighborhood blight and increase safety and security for the adjoining businesses.” ![]() Parcel 36 has long been used for private parking and vehicle access for adjacent businesses. “And I say that with sympathy to both sides on this.” “It’s a departmental error that actually harms the city, because it’s not collecting taxes or putting the parcel to public use, either of which would be better than the current state,” said Eppler. Eppler said that the Assessor-Recorder’s Office, the Treasurer’s Office, and the Recreation and Parks Department should all be contacted too, as he perceived the unclear status of the parcel to be a “departmental error.” “This is the most obvious use case for eminent domain I have ever seen,” said Lemberg, referring to the legal practice of a government body taking over private land for public use.īoard chair Rick Swig ultimately suggested that the board send a letter to Supervisor Hillary Ronen to “ask her to do her job” and find a solution to the ongoing dispute.īut last week, Ronen’s representative, Santiago Lerma, said that the idea that Ronen or the board of supervisors “can make a decision on the parcel’s use or ownership is patently false.” He said that while the parcel owner was unknown, parcel 36 is not public, and was therefore beyond their ability to act.īoard member J.R. “It’s, like, a classic creative fact pattern for a property law final,” said board member Jose Lopez. But beyond their limited ability to intercede on this particular permit, the board was clearly confused and frustrated by the situation on the parcel. The Board of Appeals only had jurisdiction over the status of the fence permit, and ultimately blocked it because Monkeybrains does not own parcel 36. The appeal was brought by Mission Greenway, the guerilla gardener group that staked its claim to the space late last year when it cut the locks on the parcel’s gates and installed planters. The permit in question would have given Monkeybrains, which owns a warehouse adjacent to parcel 36, permission to rebuild a fence at the contested land’s northeast edge.
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