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Board denies appeal at 571 Mira Way; permit upheld but commissioners press for enforcement safeguards
Summary
The board denied an appeal by Dan Kleinman challenging a DBI-issued alteration permit for 571 Mira Way, upholding the permit while pressing DBI and the planning department to monitor inspections and consider referral to the City Attorney if the permit terms or the notice of violation are not complied with.
The San Francisco Board of Appeals on Feb. 27 denied Appeal 18-145 and upheld an alteration permit issued Oct. 18, 2018 for 571 Mira Way (application no. 201604064087). The appeal had challenged the permit issued to Ying Your Lee to comply with Notice of Violation No. 201696401.
Senior Building Inspector Joe Duffy told the board he had made several site visits, reviewed the submitted plans (existing, as-built and proposed), and believed the plans addressed the outstanding issues; he said he would "encourage the permit to be upheld at this point." Planning Department representative Scott Sanchez said staff shared frustration with the owner's failure to follow process but confirmed the plans call for restoring the facade and replacing windows to match prior conditions.
Appellant Dan Kleinman said he had a signed agreement with the permit holder that includes four items: reinforcing the retaining wall, installing a movement indicator in case the appellant’s foundation shifts, preventing runoff that would expose the appellant’s foundation, and restoring any damaged siding or wood. Kleinman emphasized safety concerns: "These are, you know, safety issues, and that's why I'm relying on the city, to ensure that we have a safe building." He said he remained concerned about enforcement if the owner fails to perform.
Board members discussed enforcement options, including referring an unresolved notice of violation to the City Attorney's Office or the litigation committee. After discussion, Commissioner Darryl Honda moved to deny the appeal and uphold the permit on the basis that it was properly issued; the motion passed with recorded ayes from the participating commissioners.
The board noted that DBI inspections and enforcement timelines would apply and that the notice of violation runs with the property; if the owner fails to comply the matter could be elevated for legal enforcement. The hearing concluded with the board upholding the permit and advising DBI to monitor inspections and enforce compliance as necessary.
