Board of Appeals grants neighbor's appeal at 39 Santa Rosa, requires 6‑foot fire‑rated property‑line wall and address correction

The San Francisco Board of Appeals on April 3 granted an appeal filed by neighbors of 39 Santa Rosa Avenue and ordered the permit for new construction to be modified to address privacy, safety and addressing errors.

Edward Gutowski, who lives adjacent to the vacant lot that is proposed for a three‑story residence and accessory dwelling unit, told the board the project's second‑floor balcony and an exterior stair would allow strangers access to his bedroom window. Gutowski said a palm tree on the site that neighbors considered a local landmark was cut down quickly and that the permit documents list a confusing street number. "The balcony this close to our bedroom window places not only privacy issues but safety issues as well," he said during his seven‑minute presentation.

The permit applicant's representative, Mr. Tang, acknowledged early missteps in communication and said the approved site‑permit drawings currently show a 42‑inch solid guard on the rear pop‑out. He told commissioners the project team is prepared to revise plans to provide a taller, solid fire‑rated barrier at the property line. "We are okay with that mitigation," he said, referring to neighbors' request for a 6‑ to 7‑foot wall.

Corey Teague, zoning administrator for the planning department, explained that under the planning code a solid guard at a property line for a rear pop‑out may be 6 feet; the department also said a 7‑foot wall would be allowed if the wall is set back one foot from the property line. Kevin Birmingham of the Department of Building Inspection explained the lot's confusing numbering traces to an earlier subdivision and that the error can be corrected through an administrative address permit (information sheet G‑06). He urged the permit holder to complete that administrative step prior to addendum issuance so the permit documents show the correct address.

Commissioner Rick Swig moved to grant the appeal and issue the permit on the conditions that the wall abutting the appellant's property be raised to 6 feet, be one‑hour fire rated, and that the permit holder work with DBI to reassign the correct address. The board voted 4–0 to approve the motion. Vice President Alex Lemberg, Commissioners John Trezvinia and JR Epler joined Swig in the unanimous vote.

What happens next: The permit holder must submit revised plans reflecting the required wall and work with DBI on the address correction as a condition of permit issuance. The board's action leaves the underlying site permit otherwise intact; planning staff had determined the project met the residential design guidelines and the planning code prior to the appeal.

The appeal record shows permit number 202110291497 for the site permit issued to Raul Wu Chen on Jan. 23, 2024. The board asked that the permit holder coordinate with the board office and DBI on compliance and plan changes before construction begins.