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Board upholds 120 Dorcas permit, rejects neighbor’s appeal

San Francisco Board of Appeals · October 20, 2021
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Summary

The Board denied an appeal of a DBI alteration permit at 120 Dorcas Avenue after DBI and Planning staff said the permit was approvable and the permit holder confirmed he would remove the encroachment; the board voted 4–0 to deny the appeal.

The Board of Appeals on Oct. 20 denied an appeal of a Department of Building Inspection alteration permit for 120 Dorcas Avenue. The permit, originally issued to Richard Vueland and Rhonda Cartwright, covers roof, gutter, siding and related work; the appeal concerned a downspout/gutter encroachment and allegations of trespassing.

Appellant counsel said the permit should be revised to reflect the actual scope of work and named contractor and asked for a continuance so the parties could confer with recently retained counsel. The permit holder’s representative, who also said he holds the permit, told the board he had provided drawings and elevations and was prepared to remove the encroachment and complete inspections without entering the neighbor’s property. Planning staff had no outstanding planning objections and DBI recommended allowing the permit to proceed; DBI also noted civil trespass claims are not a building‑code issue and could be pursued in civil court if warranted. Commissioner Lazarus moved to deny the appeal and uphold the permit as properly issued; the board voted 4–0 to deny the appeal.