Board denies rehearing request for Baker Street post-and-beam permit, appellants cite new evidence

The San Francisco Board of Appeals on July 20 denied a rehearing request from tenants who had challenged a building permit for voluntary replacement of posts and beams at 719–723 Baker Street.

Appellant Brett Marty told the board new photographic and engineering evidence had surfaced since the June 15 hearing that, he said, demonstrated incorrect straps, misdrawn pier-pad alignments and alleged foundation misrepresentation. Marty said some plans and photographs had been withheld until days before the earlier hearing and described the work as unsafe for occupants, including his household.

The permit holder’s counsel, Stan Rodell, and the structural engineer for the job said the materials and plans had been previously presented and reviewed by city inspectors. Matthew Green of the Department of Building Inspection (DBI) told commissioners his office had inspected the permitted work, noted some minor discrepancies that did not warrant a new permit and recommended denial of the rehearing request. DBI’s position was that professional engineers may reasonably differ, and DBI’s engineer had approved the design and inspection of the installed work.

Commissioners questioned whether the appellant’s late-submitted engineering report met the board’s rules for rehearing. Commissioner Tina Chang expressed inclination to deny the rehearing based on the existing record; the board then voted 5–0 to deny the request, upholding the prior determination that the permit had been properly issued.

The board’s denial leaves in place DBI’s prior approval and the permit holder may proceed under the existing permit and inspection regime.