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Board of Appeals reviews parking issues amid ADUs construction at 1555 Oak Street

July 06, 2022 | San Francisco City, San Francisco County, California


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Board of Appeals reviews parking issues amid ADUs construction at 1555 Oak Street
A contentious appeal regarding the construction of three accessory dwelling units (ADUs) at 1555 Oak Street has sparked significant debate among San Francisco city officials. The appellant claims that the property owner lacks the right to build these units due to prior seismic retrofitting and alterations to tenant parking arrangements.

During the recent city meeting, the appellant's representative outlined three main arguments against the construction. Firstly, they asserted that the mandatory soft story seismic retrofit completed by the previous owner restricts the current owner from adding new units. However, city officials clarified that San Francisco's ADU ordinance permits such additions regardless of prior retrofitting, as long as the building has been properly updated.

Secondly, the appellant contended that changes to parking configurations infringe upon their lease rights. The representative countered this by stating that property owners are allowed to modify parking arrangements when constructing ADUs, a practice seen in various other projects throughout the city.

The third point raised involved the claim that the construction would disrupt essential tenant services, a matter deemed outside the purview of the Board of Appeals and more suited for the Rent Stabilization Board. The city attorney emphasized that while the impact on tenant services can be considered, the ultimate decision regarding housing services lies with the Rent Board.

As the construction progresses, the owner has proposed designating a loading zone in front of the building to facilitate tenant access, although this is subject to approval by the San Francisco Municipal Transportation Agency (SFMTA). The appellant has rejected this proposal and is seeking further recourse through the Board of Appeals.

The planning department confirmed that the permit for the ADUs has been thoroughly reviewed and complies with local regulations, allowing for the addition of units in buildings with more than four existing dwellings. The meeting concluded with city officials urging the Board to reject the appellant's claims, reinforcing the legality of the ongoing construction and the necessity of adapting housing to meet current demands.

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