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Board of Appeals denies appeal, upholds notice of violation for trellis and fence at 201 Ashton Avenue
Summary
On March 5, 2025, the San Francisco Board of Appeals denied an appeal by Michal Emberton and upheld a December 16, 2024 notice of violation for structures in the required front setback at 201 Ashton Avenue. The vote was 4-0 to find no abuse of discretion by the zoning administrator.
The San Francisco Board of Appeals denied an appeal and upheld a notice of violation issued December 16, 2024 for 201 Ashton Avenue, voting 4-0 on March 5, 2025.
Appellant Michal Emberton asked the board to find that the Zoning Administrator abused his discretion and to rescind Planning Department violation notices related to a fence and a trellis (pergola) that Planning says sit in the required front setback and require a permit or variance. Emberton argued the trellis is not within the required front setback, that the structure is open and should be treated differently under the code, and that the Notice of Violation (NOV) lacked required photographs and misapplied Administrative Code Chapter 80 and Planning Code provisions.
Corey Teague, Zoning Administrator for the Planning Department, told the board the NOV relates specifically to an unauthorized structure within the required front setback…
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