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Board overturns permit for 173 Gambier Street, finds rear structure was unpermitted
Summary
The board granted an appeal and overturned a March 15 permit for work at 173 Gambier Street after Planning and DBI found the demolished rear structure lacked permit history and appeared noncompliant; DBI was asked to consult on any fee refund.
The San Francisco Board of Appeals on May 8 granted an appeal and overturned the issuance of a permit for 173 Gambier Street after Planning and the Department of Building Inspection found evidence that the rear addition had been an unpermitted structure and had been demolished before the current permit application.
Appellants Victor Xue and Anna Law told the board they discovered no permit history for a rear building that had been removed prior to their filing and argued that the permit-holder’s over‑the‑counter permit improperly sought to reconstruct or expand what appeared to be an unpermitted addition. Planning staff reported aerial and Sanborn map evidence suggesting the rear building did not appear in historical records and that, under Planning Code sections discussed at the hearing (including reconstruction and 3‑11/3‑12 notice requirements), a demolition followed by reconstruction of an illegal structure typically requires additional notice or variances.
DBI inspector Joe Duffy described earlier enforcement steps: a notice of violation after a December 2018 complaint, revocation of an earlier kitchen permit that exceeded scope, and that the permit now under appeal had been suspended pending appeal. DBI and Planning recommended the board grant the appeal and have the owner pursue the proper permitting path.
Commissioner Daryl Honda moved to grant the appeal and overturn the permit on the grounds the rear structure was an illegal demolition and the permit was improperly issued; the board voted 4‑0 to grant the appeal and added language requesting DBI consult with the permit holder about fee adjustments or refunds where appropriate.
