Board approves revised permit for 1468 Van Dyke Avenue with conditions

On May 31 the San Francisco Board of Appeals granted an appeal concerning 1468 Van Dyke Avenue and issued the contested alteration permit on the condition that revised plans submitted May 18 be adopted and that the permit holder submit a special-conditions permit within 90 days.

Corey Teague, zoning administrator for the Planning Department, told the board the revised plans generally met the earlier directions the board had given. Matthew Green of the Department of Building Inspection said the most significant change was removal of the deck: the revised design retains a landing and stairs three feet from the property line, which for a single-family home does not require a fire-rated wall. Green also asked that the plans correct the drawing labeled as the "original conditions" to reflect that the first floor originally had two bedrooms, not three.

The permit holder's representative, Miss Tran (interpreted), asked the board to allow an attic window to remain, saying she obtained a permit for the window and that removing it would impose a substantial cost. Commissioners noted the board's intent at prior hearings was to seal the attic from habitable use (access limited to a drop ladder for maintenance) and to remove openings that could invite future reuse as living space; several commissioners said the revised plans as submitted remove the windows and the contested walls.

Vice President Jose Lopez moved to grant the appeal and issue the permit on conditions: adopt the May 18 revised plans; amend the original-condition drawings to show two first-floor bedrooms; and require submission of the revised special-conditions permit within 90 days of the board's written decision. The board voted unanimously (5–0) to approve the motion.

DBI and planning staff said if the permit holder fails to file the special-conditions permit within the deadline DBI would proceed with existing notice-of-violation enforcement procedures, which could include further code enforcement or litigation. Staff will provide the permit holder with post-decision instructions and the process for submitting the required special-conditions permit.