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Board sides with homeowner on sidewalk encroachment; permits reinstated with Public Works conditions
Summary
The Board of Appeals granted the appeal from the owner at 1 Ashton/related address, overturning Public Works’ denial and reinstating review of a minor sidewalk encroachment permit with conditions from Public Works (lower fence, access around streetlight, no pergola or fire table in the right‑of‑way); pergola left subject to Planning variance.
The San Francisco Board of Appeals on June 26 reversed a Public Works denial of a minor sidewalk encroachment permit and granted the owner’s appeal with conditions set by Public Works.
Appellant (Ms. Emberton) argued the fundamental legal question is whether code for public rights of way applies to private easements; she urged the board to recognize distinctions between public and private rights. Public Works staff said a memo (dated 06/13/2024) outlines what can be accepted: lowering the existing fence to 4 feet, modifying the fence for 3 feet of clear access around the streetlight foundation, and removing the pergola and a permanent gas fire table from the public right‑of‑way. DPW staff and Planning told commissioners that portions of the pergola straddle the property line and that the pergola also faces a separate variance review by Planning.
Commission discussion centered on precedent, public‑safety risks tied to a gas line, and whether a decision would expose other property owners to similar enforcement. President Jose Lopez and several commissioners said they were sympathetic to the homeowner’s presentation while noting the board’s limited authority over broader legal questions; Planning and DBI said those legal questions could be resolved by court or legislative change. The board’s motion implemented DPW’s recommended conditions, but modified language to allow the pergola to remain subject to Planning’s pending variance review. The motion passed 5–0.
The board instructed staff to incorporate DPW’s conditions into the permit review and to note the planning variance pathway for the pergola. The decision reinstates the permit review on the condition the permit be revised to incorporate DPW’s memo.
