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Board denies neighbor’s privacy appeal after architect, Planning and DBI assure obscure‑glass replacements

San Francisco Board of Appeals · October 11, 2023
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Summary

The Board of Appeals on Oct. 11 denied Sanford Garfinkel’s appeal challenging window and solarium work at 11030 Second Ave., concluding the permit was properly reviewed. The architect and Planning agreed to annotate the plans to memorialize which north‑facing windows will use obscure glass to address privacy concerns; the board voted 4–0 to deny the appeal.

The San Francisco Board of Appeals denied an appeal by Sanford Garfinkel on Oct. 11 challenging permits for a 200‑square‑foot horizontal addition and related window replacement at 11030 Second Avenue, finding the permit was properly reviewed and issued after required discretionary review.

Garfinkel, who joined by Zoom, said existing obscure‑glass windows on the north elevation facing his property had been removed during construction and that the plans did not accurately show the prior condition. “I only want what was there before,” he said, asking that any windows that were originally obscure be replaced with obscure glass.

Project architect Sam Kwong and Planning staff said the project was previously reviewed (including a 2021 window replacement permit) and that proposed new windows on the north elevation are similar in size and location; planners noted prior discretionary review had not sustained Garfinkel’s objections. Kwong told the board the windows that face Garfinkel’s property and the three small bathroom windows would be rebuilt with obscure glass where appropriate and agreed to place that notation on the plan set so the commitment is memorialized.

DBI confirmed that the original 2017 permit expired and, because work did not start in time, the owner filed a new application that required updated review; DBI said the renewed permit was approved under the current building code and recommended denying the appeal. Board members asked for clearer plan notation to document which windows will be obscure; the permit holder agreed. On a motion to deny the appeal as properly issued, the board voted 4–0. DBI said it will verify during inspection that any replacement windows are installed as shown on the approved plan set.