San Francisco Board of Appeals pauses permit for Bloom’s Tavern deck after neighbors cite noise, safety and unauthorized patron use

San Francisco — The Board of Appeals on Wednesday continued an appeal of a June building permit for a rear platform at Bloom’s Tavern, suspending the permit and directing city departments to inspect the site and report back by Sept. 22.

Neighbors who live behind Bloom’s told the board that a wooden platform and overhead structure were built and used by patrons before the business applied for the June 2021 permit. "Blooms clearly knew no patrons allowed, but went ahead anyway," appellant Eric Rabinowitz told the board, asking officials to revoke the portion of permit number 202106112243 that covers the backyard and require removal of the unpermitted construction.

The permit holder, Barbara ("Barbie") Theis, said the structure was erected during COVID with donated materials and labor under emergency outdoor‑use allowances and that she stopped using the deck for patrons after the city allowed indoor service. "We put the platform down to make it safer for the patrons," Theis said, and offered to remove the overhead features while retaining the floor if needed to meet code.

City planning and building officials told the board they found gaps between the permit application and what is built. Scott Sanchez, deputy zoning administrator in the Planning Department, said there is no current conditional‑use authorization for an outdoor activity area at the rear of 1318 Eighteenth Street and that the prior temporary‑use authorization (TUA) allowing limited outdoor events expired in May 2020. "There is no approval that allows regular use by patrons as has been shown," Sanchez said.

Deputy Director Joe Duffy of the Department of Building Inspection told commissioners that plan‑check staff approved an over‑the‑counter permit but that photographs and exhibits suggest the constructed envelope extends to property lines and may lack required fire‑rated sidewall construction, proper egress and other code elements. Duffy said the department has opened an enforcement case and noted penalties of up to $250 per day if violations are not remedied.

Neighbors and other appellants described repeated noise and privacy intrusions. "The noise comes from Blooms into our homes," Michael Magnuson said. Several residents said children have been awakened at night and that the deck provides direct sightlines into private rooms.

Commissioners discussed three principal options: revoke the permit and allow the departments to pursue enforcement, uphold the appeal but condition the permit and require plan revisions, or continue the hearing to let DBI and Planning inspect the property and specify corrections. The board voted unanimously to continue the appeals to Sept. 22 to allow departments to inspect the site and for the permit holder to submit revised, code‑compliant plans; commissioners recommended the owner consider setting the deck back five feet from property lines or otherwise addressing firewall and egress requirements to reduce impacts.

Votes at a glance: the board adopted the July 21, 2021 meeting minutes earlier in the meeting (motion by Vice President Swigg; passed 5–0). On the Bloom’s matter the board voted 5–0 to continue the appeal to Sept. 22, 2021 and to recommend revised plans and inspections by DBI and Planning.

What happens next: DBI said it will review approved drawings, perform a site inspection and identify specific plan‑check or construction shortfalls; the department estimated it would need about three weeks to complete a first review. Planning recommended that neighbors sign up for the Block‑by‑Block Notification (BBN) list to receive future permit notices for the property. The board’s continuance keeps the permit suspended pending the departments’ findings and any revised plans the permit holder files.

Background: The appeal concerns permit 202106112243 for 1318 Eighteenth Street. Appellants argued the platform was built before the permit application and used by patrons in violation of Planning Code section 145.2 and specific permit stipulations. Planning and DBI noted that emergency COVID programs (including some uses under "Prop H" and shared‑spaces authority) do not categorically authorize bar patron use in a rear yard absent applicable permits and that pending legislation (referred to as the Small Business Recovery Act in testimony) is not final and therefore not dispositive.

The matter is scheduled for further action when DBI and Planning report back at the Sept. 22 Board of Appeals hearing.