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SAN FRANCISCO
PLANNING DEPARTMENT
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Reception:
415.558.6378
Ana Schrank
761 14~ Avenue
San Francisco, CA
Fax:
415.558.6409
NOTICE OF DECISION
SF Administrative Code Chapter 41A Short Term Residential Rental
Site Address:
Assessors Block/Lot:
Zoning District:
Complaint Number:
Hearing Officer:
Planning
Information:
415.558.6377
DECISION
that Ana Schrank, owner of
The Director's appointed hearing officer, Adrian C. Putra, has determined
offering dwelling unit at 761
759-61 14~ Street has violated Administrative Code Chapter 41A for illegally
The details of the violation
14th Avenue for rent as a Tourist or Transient use (a.k.a. short term rental).
and decision are discussed below.
including but not limited to
This decision is based on the entirety of the record before the hearing officer,
d by Planning Department
testimony of witnesses and the responsible party and information submitte
be found at 1650 Mission Street,
staff, the responsible party/ies, and other witnesses. The record. may
is summarized below, this
Suite 400, San Francisco. Although factual information from the record
decision is based on the record as a whole.
DESCRIPTION OF VIOLATION
759A 14~ Avenue, and 761 14~
The subject property appears to be a three unit building (759 14~ Avenue,
2013, alleging that unauthorized
Avenue). The Planning Department received a complaint on August 13,
short term rental activity was occurring at the property.
UNLAWFUL CONVERSION
offering of residential units for
Chapter 41A of the San Francisco Administrative Code prohibits the
units are registered on the
Tourist or Transient use (which is a rental for less than 30 days), unless the
www.sfplanning,org
ADMINISTRATIVE HEARING
On August 12, 2015, the hearing officer convened the administrative hearing.
All testifying witnesses
were sworn in and the hearing was audio recorded. The hearing was attended
by the following people:
Mr. Adrian Putra, hearing Officer
Ms. Audrey Butkus, staff Planner
Ms. Ana Schrank, property owner
Mr. Fidel Gakuba, property owner
SAN FRANCISCO
PLANNING DEPARTMENT
assignment she traveled back and forth between San Francisco and Atlanta, and when this
became unsustainable .her family moved to Atlanta on a short term basis. Up until then her
children were enrolled in San Francisco schools and her husband worked in San Francisco.
As of January 1, 2015, her family moved back to 761 14~ Avenue, because Ms. Schrank's
temporary assignment had ended.
The short term rentals only occurred in the unit at 761 14~ Avenue.
The unit at 759 14th Avenue is currently vacant.
The VRBO listing discovered by staff on June 29, 2015 was only for the unit at 761 14th Avenue.
The listing for 761 14~ Avenue was automatically removed by VRBO,because the owners did not
plan on conducting future short term rentals and decided to let their current 12 month
subscription to list on VRBO to expire.
Additionally, Ms.Schrank presented the hearing officer with an online receipt of rental payment from her
tenant at 759A 14th Avenue.
POST-HEARING SUBMISSION
Ms. Schrank submitted additional information on August 14, 2015. A summary of the submittal is below:
A receipt dated July 9, 2014, for their 12-month subscription to list on VRBO, which has since
expired.
A screen shot dated July 13, 2015, of their VRBO account showing that the order status to renew
their 12-month subscription is "Unpaid."
SAN FRANCISCO
PLANNING DEPMTMENT
FINDINGS
Based on the review of the record as a whole, the hearing officer finds as follows:
1. That the property owners are currently occupying the dwelling at 761 14th Avenue.
2. That the dwelling at 761 14~ Avenue was offered for Tourist or Transient use until July 10, 2015.
3. 'That the online listing on VRBO for the dwelling at 761 14t" Avenue was removed as of July 11,
2015.
4. That the dwelling at 759 14~ Avenue is currently vacant.
5. That the dwelling at 759A 14~ Avenue is occupied by a tenant.
Sincerely,
Adrian C. Putra
Hearing Officer
SAN FRANCISCO
PLANNING DEPARTMENT