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Board denies Clay Hill HOA appeal over east‑wall repairs and window changes
Summary
The Board of Appeals on Aug. 18 denied an appeal from two condominium owners challenging a Department of Building Inspection permit to repair the East Wall and replace windows at the Clay Hill HOA (1250 Clay St.), finding DBI and the HOA acted within their authority. The vote was unanimous.
The San Francisco Board of Appeals on Aug. 18 denied an appeal by two Clay Hill condominium owners challenging a DBI building permit to repair the East Wall and replace windows at 1250 Clay St.
Appellants Julia Westerling and Christina Ciudad argued the permit set diverged from previously agreed plans: they said living‑room windows were reduced, bathroom windows enlarged and changed from awning to slider style, and that photo documentation and scaled interior elevations required by DBI FAQs were missing or unclear. They asserted those changes would reduce privacy and violate the FAQ guidance for property‑line windows.
Attorney Justin Zucker, representing Clay Hill HOA, said the East Wall is a common area under the HOA’s CC&Rs and that the HOA had authority to pursue repairs. Zucker told the Board the wall is deteriorating, contains prior unpermitted window installations, and that consultants and DBI plan check had vetted the proposed window sizes and types. DBI inspector Joe Duffy and planner Corey Teague confirmed the permit was routed to required agencies and that, if openings are changed in size or location, the windows would need to meet fire‑rated glazing requirements.
Commissioners noted the tension between privacy concerns and an urgent need to repair a failing common wall. After questions about sill heights and whether the permit showed ‘new windows in existing openings,’ the Board deferred to DBI’s technical review and to field inspection as appropriate for final sizing decisions. Commissioner Tina Chang moved to deny the appeal on the basis DBI and the zoning administrator had properly issued the permit; the motion carried unanimously.
Next steps: The HOA may proceed with the East Wall repairs under the existing permit process; DBI field inspectors will confirm whether any in‑field adjustments trigger a permit revision or fire‑rating upgrade.
