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Commission approves modified certificate of appropriateness for 3347 First Street gate after contested enforcement hearing

San Francisco Historic Preservation Commission · August 21, 2019
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Summary

After lengthy public testimony and debate about security and historic-character rules, the commission approved legalizing a nonconforming driveway gate at 3347 First Street with a compromise: remove the triangular gable cap (≈3'8") and add horizontal trim to better match the street facade; neighborhood notification required.

The commission on Aug. 21 resolved a contentious enforcement case over a tall driveway gate and gabled front element at 3347 First Street in the Liberty Hill historic district.

Staff (Natalia Kwiatkowski) described the application as a request for a certificate of appropriateness (COA) to legalize work completed without prior planning approval. Department staff recommended modifications to meet Article 10 standards: remove non-permitted work, set a maximum fence height (10 feet), require a setback aligning the fence with the nearest side window, require 75% openness and prohibit attachment to the historic building.

Property owner Jan Schluesser and a large group of neighbors and tenants testified in favor of the existing gabled feature. Schluesser told the commission the prior fence had suffered dry rot and the rebuilt element was intended to match neighboring Victorian forms and to restore safety and privacy. Neighbors described the gable as essential for blocking sightlines into rear yards and protecting long-term residents; tenants described security benefits.

Commissioners examined the code standards and the neighborhood context. Some commissioners agreed the feature has a “cartoonish” quality that departs from district character; others emphasized the owner’s good-faith intentions, the long period the prior feature existed and the neighborhood’s strong support. Commissioners also reviewed evidence that granite curb cuts indicated a historic driveway.

Seeking a middle ground, the commission struck the staff’s initial recommended conditions and instead approved a revised condition: the triangular gable cap (approximately 3 feet 8 inches) must be removed and replaced with a horizontal cap/trim that matches the window head trim on the street facade; the permit will require neighborhood notification under the code because portions of the resulting fence may still exceed 10 feet measured from the local grade and staff will handle the review rather than returning the item to the commission. Commissioners required the sponsor to notify preservation staff of the final construction and comply with Building Inspection requirements.

The motion to approve the COA with the modified conditions passed unanimously, 5–0. Commissioners advised staff and the property owner to coordinate on final detailing to ensure compatibility with the district without imposing an unaffordable retrofit on the owner.