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Board orders joint DBI/Planning inspection, continues appeal over alleged unpermitted additions and safety concerns at 33120 Eighth Avenue/607 Vermont (Peter P/

San Francisco Board of Appeals · August 24, 2022
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Summary

Neighbors accused a permit holder of illegal additions and unsafe construction that allegedly forced tenants to leave; the board scheduled a joint DBI/Planning site visit (Friday at 2:30 p.m.) and continued the appeal to Nov. 16 for follow-up, while DBI said it may issue a notice of violation after inspection.

Neighbors and the appellant Peter Poon told the Board of Appeals they had been forced from an allegedly unsafe unit after what they say was large, unpermitted construction above their bedroom and a new Second Floor deck that attracted pests and created safety and habitability concerns. Rocky Pun and neighbor Bridal Fu presented photographic overlays they said show additions that did not exist in 2014 and argued the owner used serial permitting to cover prior unpermitted work.

The permit holder, represented by translator Robert Wong and the applicant Kenny Tsang, said much of the work either predated his purchase or was a permitted replacement; he said a new foundation was installed in 1987 and that some repairs were undertaken after complaints. Planning deputy Tina Tam said the submitted permit proposed work to convert a Ground Floor exercise/playroom into a bedroom and that planning would open an enforcement case to examine whether an unauthorized dwelling unit exists on the ground floor. DBI acting chief Matthew Green acknowledged failures in the complaint workflow—inspectors did not gain interior access in 2021—and asked for time to conduct a site visit.

Commissioners pressed for clarity about whether the Ground Floor unit was an unauthorized dwelling and whether work had been done that exceeded the permit. Recognizing the complexity and the need for an on-site inspection, the board asked the property owner to make the property available for a joint Planning/DBI visit; departments arranged to visit the property with a Cantonese-speaking staffer and interpreter at 2:30 p.m. on the Friday following the hearing. The board continued the matter to November 16 to allow departments time to investigate; the continuance carried 5–0.

DBI said it may issue notices of violation depending on what the inspection reveals; Planning said it will investigate whether a third unauthorized unit exists and will advise on whether the applicant should pursue a conditional-use process to remove a unit or instead legalize it. The continuation preserves both the ongoing permit review and the departments’ authority to pursue enforcement.