Board upholds notice of violation for 201 Ashton Avenue, denies appellant’s claims

The San Francisco Board of Appeals on March 5 denied an appeal by the property owner at 201 Ashton Avenue challenging a Planning Department notice of violation (NOV), upholding the zoning administrator’s enforcement action and finding no abuse of discretion.

The NOV at issue was issued Dec. 16, 2024, and alleges violations of Planning Code sections cited in the NOV relating to front setback and work without a permit. Appellant Michal Emberton argued at the hearing that the trellis and fence do not violate the Planning Code because parts of the structure are located in private open space, because the trellis lacks a roof and should be treated like permitted architectural projections, and because a 2019 variance legalized a four-foot fence. Emberton also raised procedural and constitutional objections, calling into question whether Planning used aerial observation…