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Board reinstates review of permit for 46 Eagle Street, sends enforcement to DBI
Summary
Owners seeking to reinstate a cancelled retaining-wall permit for 46 Eagle Street won the board's appeal; DBI said it will reinstate permit review and issue a notice of violation to the downhill property (4757 Nineteenth) to facilitate access for repairs.
The San Francisco Board of Appeals voted unanimously on June 12 to grant an appeal by Scott Guerin and reinstate review of an alteration permit for retaining walls at 46 Eagle Street after finding the permit cancellation was improperly issued.
Guerin told the board he had obtained certified surveys showing the prominent vertical crack cited in the notice of violation (no. 202172279) lies on the downhill property at 4757 Nineteenth Street, not on 46 Eagle. He asked the board to reverse the cancellation and to revoke the notice of violation, saying the notice had impeded negotiations with downhill neighbors and access needed to repair walls shared among five properties.
Kevin Birmingham of the Department of Building Inspection said the cancellation was based on a certified‑mail notice that the owner had not acted, but DBI had no objection to reinstating the permit because the permit had not yet been issued. Birmingham told the board DBI would issue a separate notice of violation for 4757 Nineteenth Street, which he said should help secure access and prompt repairs. DBI recommended reinstating permit review so the retaining‑wall work could move forward for public‑safety reasons.
Neighbors and property owners who spoke during public comment gave conflicting accounts: some disputed the accuracy of surveys shown by Guerin and argued the wall benefits Guerin’s property, while others said they had been cooperative and urged the board to allow permit work to proceed. One speaker estimated a project cost in the order of $300,000 and described long‑running access disputes.
President Jose Lopez moved to grant the appeal and reinstate the permit review on the basis that the cancellation was improperly issued; the motion carried 4–0. With the departments and parties in agreement, the board noted the parties waived rehearing so a decision could be issued promptly.
