The San Francisco Board of Appeals on Sept. 22 voted 5–0 to grant appeals and revoke a permit for a rear platform and overhead structure at 1318 Eighteenth Street, after neighbors and city inspectors said portions of the work were unpermitted and had been used for patron activity.
Planning Department Deputy Zoning Administrator Scott Sanchez told the board the simplest path was to deny the permit so the owner could “properly permit the structure,” remove the overhead element and, if desired, pursue lawful authorization for any future commercial use. Sanchez said the shared-spaces pandemic program provides only a temporary, ministerial path that expires at year-end and that a conditional-use authorization through the Planning Commission would be required for long-term outdoor commercial use.
Deputy Director for Building Inspection Joe Duffy said his site visit found code problems that would arise if the area were used for patrons: “If this area was going to be used for public use, it would add to the occupant load … and that would then require some egress upgrades possibly,” he said, noting disabled-access requirements and that the overhead trellis would need removal.
Neighbors and appellants told the board they had observed patron use, alleged other code violations (electrical wiring, stair removal affecting upper-unit access), and urged revocation. Appellant Eric Rabinowitz asked the board to “regard the permit on appeal and order the removal of the illegal construction,” citing outstanding fire- and building-code concerns.
Philip Lesser, agent for the permit holder, said the owner was prepared to revoke the permit and start over: the owner “will diligently within the next 30 days file for a permit to remove the overhang that was built without benefit of permit,” he said.
Commissioner Anne Lazarus moved to grant the appeals and revoke the permit on the ground that it did not comply with building and planning codes; the motion carried 5–0 (Lopez, Honda, Chang, Swig, Lazarus).
DBI and Planning staff said they would follow up on enforcement and review any subsequent permit applications to ensure plans accurately reflect the intended scope and impose conditions consistent with code. The board’s action revokes permit number 202106112243 and effectively requires the owner to return with corrected plans if they seek to reconstruct the area.