Board of Appeals continues First Avenue deck/stair variance appeal to Feb. 17 for neighbor outreach

The San Francisco Board of Appeals on Jan. 13 continued until Feb. 17 an appeal challenging a zoning administrator’s rear‑yard variance for 17220 First Avenue, saying the project sponsor should complete outreach to a neighboring property owner before the board takes a final vote.

Appellant Joel Tomei urged the board to reject the variance as currently described, saying the permit record contains incorrect information — including a building description that lists three stories when the property is two — and that the 2007 Board of Appeals decision that legalized an earlier as‑built stair included a special‑restriction condition the neighborhood expects to be enforced. "I have lived on the block for 40 years," Tomei said, explaining concern that the new design could set a precedent for identical buildings to the north.

Planning Department Deputy Zoning Administrator Scott Sanchez told commissioners the plan before the zoning administrator was reviewed and approved but that the parties had developed a revised design that is different enough from the approved variance that a new neighborhood notice under Planning Code Section 311 would be required if the board adopts the revised drawings. Sanchez said the department supports the parties meeting and finding alternatives but noted the revision introduces a firewall along the south lot line and that no outreach had yet been done with the adjacent south neighbor who would be most affected.

Architect Chris Sullivan, representing the project sponsor, said the new back stair is "a convenience" to access the backyard and is not being built as a required second means of egress. Sullivan described a revised layout with a one‑hour fire‑rated wall and a shifted landing intended to reduce impacts compared with the existing condition. Deputy Building Inspector Joe Duffy said DBI would work with the permit holder to correct permit records and to resolve outstanding violations.

Several commissioners said they were inclined to continue the matter so the sponsor could reach the adjacent neighbor and staff could determine whether revised findings are necessary. On a motion by Vice President Daryl Honda to continue the appeal to the Board’s Feb. 17 meeting to allow outreach to the neighbor and for staff to review findings, the board voted 5–0. President Anne Lazarus, Vice President Daryl Honda, Commissioners Tina Chang, Rick Swig and Eduardo Santa Cana cast aye votes.

Next steps: the board’s continuance requires the project sponsor to notify the adjacent south neighbor, and if the board ultimately adopts revised plans the Planning Department will reissue the required neighborhood notice under Planning Code Section 311. The matter will return to the Board of Appeals on Feb. 17 for further action.