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Board upholds 16320 Eighth Street site permit, conditions removal of corner window to ease neighbor concerns

San Francisco Board of Appeals · March 27, 2024
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Summary

The Board of Appeals denied a neighbor’s challenge to a four‑story vertical addition at 16320 Eighth Street but required the permit holder to remove a small fourth‑floor corner window and offered follow‑up steps to document that change.

The San Francisco Board of Appeals on March 27 denied an appeal of a site permit for a two‑story vertical addition at 16320 Eighth Street but required the permit to be revised to remove a fourth‑floor corner window as an accommodation to a neighboring homeowner.

Appellant Sanjay (Sonia) Smith (appearing remotely) told the board she is the property owner at 170 Valley Street and said the proposed four‑story single‑family house raised privacy and construction‑safety concerns for her rear bedroom and yard. “I am the property owner of 170 Valley Street… my primary concern was for privacy,” she said, describing the angle and height of the addition and asking that the project sponsor consider removing a small window and planting trees to mitigate intrusion.

The project architect, David Cumbie, described the design steps taken to reduce bulk and protect privacy—lowered ceiling heights on the upper floors, a 15‑foot front setback on upper stories and maintaining a 59‑foot rear yard— and told the commissioners the parties had discussed removing a small corner window and adding vegetation. “We feel that distance would not constitute a significant privacy concern,” Cumbie said, while confirming he and the permit holder were willing to explore mitigation.

Planning and the Department of Building Inspection confirmed the permit complied with applicable codes and design guidelines and noted the site permit was appropriately issued following standard review processes. DBI added that construction would not begin until the construction agenda is approved and that normal lead/dust controls would apply.

After discussion about whether to continue the matter or document a condition now, the board voted to uphold the permit with the explicit condition that the plans be revised to remove the window and skylight at the southwest corner of the fourth floor as shown on the schematic submitted at the hearing. The motion carried 5–0; both appellant and permit holder waived the right to rehearing and the board directed staff to issue the decision the next business day and to advise the permit holder on obtaining a special conditions permit to document the change.

Commissioners encouraged continued neighbor‑to‑neighbor dialogue about additional vegetation or other measures to improve privacy and asked city staff to assist with a clear path for documenting the agreed revisions.