Board grants neighbor’s appeal, orders removal of light‑well infill at Valencia Street property

The Board of Appeals granted appeal 22‑004 on April 12, 2023, overturning a prior permit that had allowed a light‑well infill at 3552–3558 Twentieth Street.

Amelia Lazcano, the adjacent owner and appellant, told the board she had repeatedly raised safety and nuisance concerns after unpermitted work began in 2021 and requested the board deny the permit and require removal of the infill. Lazcano said tenants had reported drilling and other noise, and she asked that the light well be returned to its prior open condition and remain open indefinitely.

Project architect Mimi Lee and owner Tony Pham said the infill work followed a notice of violation (NOV) and that owners filed for a permit soon after. The permit holders said they subsequently filed a 2023 permit to remove the infill and restore the light well; Mimi Lee described steps taken to address fire‑rating, exhaust diversion and window locking to mitigate tenant access.

Deputy Zoning Administrator Tina Tam briefed the board on zoning and planning review. Tam said the property sits in the Valencia Street neighborhood commercial transit district and that the 2023 DBI permit will remove the infill and restore the light well to grade. DBI staff confirmed the 2023 permit will restore the light well and noted cancellation of the earlier permit could be administratively handled, including fee considerations.

President Rick Swig moved to grant the appeal and overturn the permit on the basis that the work had been done illegally and that the 2023 permit addresses the appellant’s concerns by returning the light well to its original condition. The board voted 4–0 to grant the appeal.

The decision will allow DBI to proceed with the 2023 permit work to remove the light‑well infill and restore the property’s light well to its prior condition, and staff noted administrative cancellation could be processed to reconcile filings and fees.