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San Francisco Board of Appeals denies neighborhood appeals of 1335 Bay St. ADU, citing state ADU law

San Francisco Board of Appeals · September 7, 2022
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Summary

The Board of Appeals on Sept. 7 denied two appeals against a permit to replace a 123 sq ft rear structure with a 443 sq ft, two-story detached accessory dwelling unit at 1335 Bay St., finding the project meets California's ADU ministerial criteria despite neighborhood objections about open-space loss and lack of notice.

The San Francisco Board of Appeals on Sept. 7 denied two neighborhood appeals and upheld a Department of Building Inspection permit to demolish a small rear structure at 1335 Bay St. and construct a two-story, 443-square-foot detached accessory dwelling unit (ADU).

The decision, reached by a 4-0 vote, came after residents and appellants urged the board to protect a longstanding mid-block open space and to treat the existing 123-square-foot rear structure as an "unauthorized dwelling unit." "Please grant the appeal and save this naturally affordable housing," appellant attorney Steve Williams told the board during oral argument. Williams said neighbors and declarations indicate the cottage was used for sleeping and should have been evaluated for rehabilitation rather than demolition.

Planning Department Deputy…

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