Board of Appeals grants modified permit for 27 Seventeenth Ave, conditions final sign‑off on restored bay at 25 Seventeenth Ave

The San Francisco Board of Appeals on a 4–0 vote on June 9, 2021 granted appeals tied to development at 27 Seventeenth Avenue, adopting revised plans and attaching a condition to ensure reconstruction of a three‑story bay the neighborhood says was demolished without permit.

The decision followed lengthy public testimony from neighbors and appellants who said the project sponsor demolished a historic bay and then failed to restore it as required by Planning Commission direction. Appellant Jerry Drautler urged the board to revoke the unapproved site permit, saying the project ‘‘was not approved’’ in several planning steps and that the bay has not been rebuilt despite a 2019 commission directive.

Project counsel John Kevlin told the board the sponsor had negotiated settlements with affected neighbors and proposed multiple design changes intended to reduce privacy and light impacts, including a 2½‑foot additional setback for a second‑floor rear deck, 3½‑foot parapet walls and 2½ feet of frosted glass above decks, and reduction of a fourth‑story bedroom window to a transom. ‘‘We’re asking the board to adopt the revised plans and allow the project to move forward,’’ Kevlin said.

Commissioners pressed the sponsor and city staff on whether the bay had been rebuilt. Project manager John Kanter acknowledged prior unpermitted demolition and told the Board the bay’s foundation had been formed and that work was underway. Planning Department staff and the Department of Building Inspection (DBI) told the board they had reviewed plans and could support enforceable sequencing or final‑sign‑off conditions.

To reconcile competing concerns, the board adopted a motion requiring that the revised plans dated May 26, 2021 (submitted for the hearing) be incorporated as a condition of approval and that no Certificate of Final Completion (CFC) for 27 Seventeenth Avenue will be issued until a CFC is issued for the bay restoration permit(s) on 25 Seventeenth Avenue (building permit references were entered into the record). The board cited the long procedural history and frequent appeals as reasons to impose verification steps while allowing construction activity to proceed on other permit addenda.

The Board’s action does not revoke existing permits; rather, it approves modified site plans for 27 Seventeenth Avenue while attaching an enforceable final‑sign‑off requirement intended to ensure the bay restoration is completed before the new dwelling is finalized. Planning staff said the revised plans reflect code‑compliant changes and that the Planning Commission’s prior discretionary actions had been considered during the review.

Neighbors remained divided at the hearing: some said revocation was the only appropriate remedy given the earlier demolition, while others urged the city to allow work to proceed and end years of uncertainty. The board’s condition aims to provide verification measures that DBI and Planning staff can enforce before issuing final sign‑off.

The board’s vote followed months of contested hearings and multiple appeals related to lot‑line questions, discretionary review memos, and demolition documentation. The board noted the sponsor owns both adjacent parcels and that property‑encroachment issues had been addressed through DBI’s administrative processes and prior planning actions.

The board closed the hearing after issuing the motion and conditions. The action requires the sponsor to complete the bay restoration on the adjoining permit and to obtain DBI verification before final completion of 27 Seventeenth Avenue.