Board of Appeals denies jurisdiction request over Homestead Street sewer replacement

The San Francisco Board of Appeals on Nov. 13 unanimously denied a jurisdiction request from homeowner Helene Cohen who asked the board to take up a 2021 plumbing permit for 85 Homestead Street, saying the city had not caused her late filing.

Cohen told the board she has owned her duplex for 44 years and said a neighbor—s sewer was replaced without postings or apparent notice to adjacent homeowners. "I believe that it is" in violation, she said, adding she was not informed of appeal rights when she raised concerns with inspectors. The permit holder—s representative, Ernie Bridal, said the repair work was completed and that "Ms. Dawes spent $16,000 resleeving" the lateral connection.

Planning and Department of Building Inspection staff told the board the permit had been properly filed, reviewed and inspected. Planning zoning administrator Corey Teague said inspectors responded to a reported leak, replaced the sewer in essentially the same location and that the department would inspect if a new complaint were filed. DBI staff and planning emphasized engineering constraints related to street slope and connection points.

During deliberations commissioners focused on whether the city intentionally or inadvertently caused the appellant—s late filingthe legal standard for taking jurisdiction of an expired appeal. Several commissioners noted Cohen has a separate avenue to press substantive code allegations. Commissioner Rick Swig advised the appellant to "please visit with Mr. Birmingham" of DBI for next steps.

The board voted 3-0 to deny the jurisdiction request. The panel—s decision leaves intact the original permit; commissioners and staff urged Cohen to file a DBI enforcement complaint if she believes a current code violation exists so staff can inspect and, if appropriate, coordinate with the San Francisco Public Utilities Commission.

The board moved on to other calendar items after the vote.