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Board grants appeal on Hayes Street stairs after finding permit authorized work on neighbor's lot
Summary
The Board of Appeals granted an appeal from a property owner who said a permit to repair rear stairs was issued for stairs that lie on the appellant's parcel; the board found two permits were issued for the same stair set and granted the appeal to deny the conflicting permit.
The Board of Appeals on Dec. 8 granted an appeal by property owner Zalan Le challenging a building permit issued to a neighboring owner to repair a rear staircase that Le says sits on her lot at 794—796 Hayes Street / 604 Webster Street.
Le told the board she purchased the property in 2018, pulled an initial repair permit after discovering severe dry rot, and later submitted drawings to rebuild the stair in kind. She said the existing records and a lot split in the 1960s mean the stairs are located on her lot and that she already has a valid permit to perform the reconstruction.
The permit holder's representative, Abraham Zavala, said he prepared plans under the belief the applicant had the right to apply. DBI inspectors and Planning Department staff reviewed aerial photos and assessor records and reported that the stairs appear to be located on the adjacent parcel; DBI flagged that two separate permits exist for work on the same stairs and that no recorded easement was found.
After deliberation Commissioner Anne Lazarus moved to grant the appeal on the basis that the issued permit appeared to authorize work on another property. The motion carried 4-0 and the board ordered the permit held in abeyance for the identified parcel issues.
