Board of Appeals continues Ingleside fence appeal, orders licensed survey

The San Francisco Board of Appeals on Feb. 7 continued an appeal by homeowner Michal Emberton challenging a Dec. 1, 2023 Public Works order that denied a minor sidewalk encroachment permit for property at 201 Ashton Avenue.

Emberton told the board she and her neighbors in Ingleside Terraces own a nine‑foot strip next to the sidewalk, citing assessor records, historical subdivision maps, a 2017 fence‑repair permit and a 1922 public utility easement. “We humbly request this board to declare that DPW abused their discretion,” Emberton said, arguing the department misread property lines and misapplied the right‑of‑way rules.

Javier Rivera of the Public Works Bureau of Street Use and Mapping told the board his office’s maps and field measurements show a 15‑foot sidewalk area measured from the back of curb to the property line and that portions of the Emberton property extend into the public right‑of‑way. Rivera said structures greater than three feet in height in the right‑of‑way raise line‑of‑sight and safety concerns at intersections, and listed items the department says would have to be removed or relocated if an encroachment permit were to be issued, including a 10‑by‑10 pergola and a propane fire table. Rivera also said the applicant never submitted updated plans requested in 2022.

Corey Teague of the Planning Department and DBI representative Kevin Birmingham clarified their roles: planning staff will act on applications using the property lines as represented by applicants but do not certify property boundaries, and DBI confirmed a notice of violation was filed after a complaint and that the building permit review is on hold pending DPW’s encroachment determination.

After questions from commissioners about burden of proof and what would resolve the dispute, Vice President Alex Lemberg moved to continue the matter to May 15 to allow the appellant to obtain a private licensed land survey and file it with the county surveyor. The board adopted a schedule: the survey must be recorded and submitted to board staff by 4:30 p.m. on Thursday, May 2; DPW was allotted time to respond the week before the hearing. The motion to continue passed 4–0.

Next steps: the appellant will commission and file a land survey prepared by a California‑licensed surveyor and the Board will reconvene on May 15 to consider the newly filed evidence. The board’s continuance leaves open possible outcomes, including approval of an encroachment permit with conditions if corrected plans demonstrate compliance.