Board grants appeal for 363 Jersey, orders permit review after CFC discrepancy

The San Francisco Board of Appeals on July 17 granted an appeal by homeowner Mark Fried Finnegan concerning a permit and the property at 363 Jersey Street, instructing staff to reinstate review of a permit after finding an erroneous Certificate of Final Completion (CFC) in the record.

Fried Finnegan said he purchased the home in reliance on city-issued documents and an existing CFC listing the structure as a single-family home. "I purchased my home in good faith and really in reliance on a wide range of city issued documentation," he told the board.

Planning Zoning Administrator Corey Teague and DBI's Kevin Birmingham outlined the complex permit history: an original expansion permit, later revisions and a special-conditions approval that listed two units on the plans but was not constructed as such. Teague summarized the department view that to create a legal second unit now would require meeting minimum kitchen specifications and physical separation; he also noted the record oddity when DBI later amended the CFC to two units after an enforcement inquiry.

Several commissioners expressed sympathy for the homeowner who bought and was certified into a single-family construction. The board concluded the CFC revision created an erroneous reliance and voted 5-0 to grant the appeal, overturn the denial and reinstate permit review so the homeowner can pursue legalization of the as-built single-family condition.

DBI said it will work with the owner on possible remedies, including adding a separating door or upgrading a kitchenette if the owner elects to pursue the previously permitted two-unit plan.