Board continues Van Dyke appeal, orders revised plans after neighbors cite illegal conversions and Airbnb concerns

The San Francisco Board of Appeals continued an appeal over extensive unpermitted work at 1468 Van Dyke Avenue and set a May 17 return date, directing the owner to submit revised plans addressing safety, privacy and code concerns.

Neighbors and the appellant, Takashi Morrow, described repeated unpermitted interior work, addition of an elevated rear deck with a gazebo and a large front gate. Niall Vignole, representing the Morrow family, told the board the owner “converted the uninhabitable attic into a 2 bedroom suite complete with large windows” and that the property has been used as a short‑term rental in the past; he asked the board to grant the appeal and reverse DBI’s corrective permit.

Planning and the Department of Building Inspection reviewed the permit before the board (permit 202207128311) as a corrective action to DBI notices of violation. Planning said the 2022 application reduces the deck size, removes the gazebo, adds a required firewall where the deck is within three feet of the property line and replaces illegal stairs to the attic with a drop ladder, while DBI and Planning identified illegal attic windows and other code noncompliance that must be addressed separately.

DBI told the board the installed attic window does not meet code (opening size and glass type) and that the attic does not meet minimum head‑height for habitable space; DBI inspectors said the stairs cannot be legalized and should be removed. DBI also reported the deck and stairs do not meet code and will require rebuilding if legalized.

After public testimony describing alleged harassment, recurring short‑term rental activity and safety concerns, the board voted unanimously to continue the appeal to May 17 and ordered specific revisions: remove or restore the two attic windows to the original permitted condition; record a Notice of Special Restriction limiting attic use to maintenance access only (no habitation or storage); lower or redesign the rear deck so it is no more than 30 inches above grade (DBI said this would eliminate the need for a firewall); the board also asked that revised plans not allow conversion of the dining room into an additional enclosed 'office' that could function as a rentable room. Planning and DBI recommended the owner file revised plans showing the changes and addressing code corrections. The board advised neighbors to contact the city’s short‑term rental enforcement unit if they observe unpermitted rental activity.

The continuance is intended to allow the owner to submit revised plans showing the required corrections; the board said it will review the new plans on May 17 and may impose further remedies if the owner does not comply.