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Board upholds permit for First Avenue vertical addition after neighbors’ objections

July 07, 2021 | San Francisco City, San Francisco County, California


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Board upholds permit for First Avenue vertical addition after neighbors’ objections
The San Francisco Board of Appeals on June 30 denied a neighborhood appeal and upheld a permit for a vertical addition and rooftop deck at a First Avenue property, finding the Planning Department’s discretionary review and plan checks met code and design‑guideline requirements.

Appellant Mr. Yang told the board the project violated the residential design guidelines and would change the character of the narrow street, saying the final plans only modestly reduced mass and that the sponsor had not engaged neighbors adequately. He cited sight‑line drawings that he called misleading and said early unpermitted work prompted neighbor complaints.

Project sponsor Ricky Jong (also referred to as the permit holder) described multiple plan revisions negotiated with staff and asserted that the project had reduced livable square footage by roughly 23 percent from early proposals and removed a rear balcony; Jong submitted sight‑line drawings and plan revisions to show the third story would not be readily visible at typical street vantage points.

Planning and DBI staff told the board they had reviewed the effect of the addition. Scott Sanchez (Planning) said the vertical addition would be set back substantially from the front building wall (24 feet to main wall; decks ~14 feet) and that staff found the revised design comply with residential design guidelines after discretionary review. DBI confirmed a notice of violation had been issued for foundation work performed without an issued site permit and advised owners to wait for addenda and inspections prior to further work.

Several neighbors testified during public comment that construction noise, vibration, and loss of daylight and views had made living conditions difficult and requested modifications aligning the addition with other third‑story additions on the block.

After commissioner questions and discussion, Vice President Rick Swig moved to deny the appeal and uphold the permit on the basis that it was properly issued; the motion carried 3–0. The board advised the permit holder to comply with any outstanding DBI addenda and inspections and reiterated that starting work before all required site permits may prompt enforcement action.

The board’s decision preserves the Planning Commission’s discretionary findings and leaves technical enforcement and any required follow‑up inspections to DBI.

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