Franklin

Appellant R. Spencer Steele, Zoning Administrator for the City and County of San Francisco, appeals from the granting of a peremptory writ of mandate ordering that he grant respondent Dorothy B. Franklin a variance and facilitate the issuance of a building permit consistent with that variance in accordance with the decision of the San Francisco Board of Permit Appeals. Application had been made on behalf of Franklin, to the zoning administrator for a variance to facilitate the construction of two apartments on Franklin’s property. The application was denied. Franklin appealed to the board of permit appeals who granted the variance. The zoning administrator refused to abide by the ruling of the board, hence, the instant petition for a writ of mandate to compel the administrator to grant the variance in accordance with the board’s determination. We conclude that the appeal to the board was untimely; therefore, the board was without jurisdiction to enter its order. As we shall explain, we find no support in the record for the trial court’s conclusion “that the Board of Permit Appeals acted within the scope of its authority and discretion in determining that the notice of…