Larry Badiner, who serves as the city's zoning administrator, says the board last night unanimously overturned the planning official's Feb. 21 ruling as to the official use of the Western Merchandise Mart at 1355 Market St. The vote is "pretty much final,'' Badiner added.
According to land-use attorney Sue Hestor, the city's stake in the appeals outcome was up to $25 million in developer fees to apply toward affordable housing, Municipal Railway and childcare had Badiner's decision been upheld. She said as much as $18 million would have gone toward housing.
If the showroom label had stuck, the building owners would have been faced with paying hefty office-conversion fees to begin renting the space out to new tenants, now that many furniture companies are leaving for more attractive space in Las Vegas.
Attorney Tim Tosta, who represents the owners, maintains that the structure's use has always been "sales offices'' -- as recognized by the city's Assessor's and Building Inspectors' agencies. But because the Planning Department had made no official determination of its own, the request for a ruling from Badiner ensued, leading to "shock'' at the result, according to the attorney.
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