San Francisco Board of Appeals reviews Hurlbutts' ADU permit controversy

A contentious debate unfolded at the San Francisco Board of Appeals meeting regarding a proposed accessory dwelling unit (ADU) at 1526 Masonic Avenue. The Hurlbut family, who have lived in their historic home for over 20 years, are seeking to construct a one-story ADU in their backyard. However, neighbors have raised concerns about the legitimacy of the permit, claiming that the existing grade has been inaccurately represented to allow for a taller structure than state law permits.

Neil Schwartz, representing the appellants, argued that the Hurlbut's permit application falsely raised the existing grade by 2 to 3 feet, which would make the proposed ADU exceed the legal height limit of 16 feet. Schwartz emphasized the importance of verifying the true existing grade through a professional topographic survey before any construction begins, stating, "The public has no recourse to verify the code allowable height once construction begins."

In response, Amy Hurlbut defended their application, highlighting their commitment to creating multi-generational housing in line with state mandates aimed at addressing the housing crisis. She noted that the lengthy permit process, which took over two years, involved extensive collaboration with city planning and building departments to ensure compliance with all regulations. Hurlbut stated, "We have been working diligently with the city investing considerable time and expense to adhere to the ADU regulations."

The Planning Department supported the Hurlbut's application, confirming that the proposed ADU measures 15 feet and 11 inches, compliant with state height regulations. They urged the board to deny the appeal, asserting that the permit was properly issued and met all necessary criteria.

As the meeting concluded, the board faced the challenge of balancing community concerns with the need for increased housing options in San Francisco. The outcome of this appeal could set a significant precedent for future ADU projects in the city, as the demand for housing continues to grow amidst ongoing debates over zoning and building regulations.