Board of Appeals denies rehearing request for 4326 Irving Street; original permit upheld

The San Francisco Board of Appeals on June 9 denied a rehearing request for appeal number 21‑024 (4326 Irving Street), voting 4–0 to leave the previously issued site and building permits in place.

Appellants led by Barbara Delaney alleged the developer and Planning Department relied on an agreement that misled neighbors and deprived them of notice of a revised fourth‑floor proposal, preventing discretionary review. Delaney also raised concerns about compliance with ADU rules and rear‑yard egress requirements.

Permit holder Brian Veit and the project architect told the board on‑site measurements and plan documentation showed compliance and that DBI and the Fire Department had approved the permit. ‘‘It's going to be a lot safer than it ever was,’’ Veit said, describing conservative measurements taken with DBI staff.

Planning staff (Scott Sanchez) told the board they had performed required Section 311 notices, that the ADU approvals were separate permits properly reviewed, and that no new, material grounds to reopen the matter had been presented. DBI Deputy Director Joe Duffy said DBI and Fire reviewed the permit and that egress, sprinklers and related life‑safety systems were compliant.

Vice President Swigg moved to deny the rehearing request on the ground that it did not meet the Board’s high standard for rehearing (no new and different material evidence or manifest injustice); the motion carried 4–0.