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Board orders more time after neighbors challenge lot‑line windows and renewal permit at 159 Beaumont

San Francisco Board of Appeals · January 30, 2019
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Summary

Neighbors presented a new survey alleging two windows allowed by a 2018 renewal encroach on their property and violate both 1990 and current code; DBI said the windows were approved in error but proposed correction/renewal remedies; the Board continued the matter to allow parties to produce a comprehensive revision permit and pursue settlement.

Pamela Tang, an architect and appellant, told the Board the new land survey showed the alley is entirely the Tang family’s property and that the north wall of 159 Beaumont encroaches on their lot, creating 'lot line' windows that violate both the 1990 and current building codes. She argued the 1990 permit is null and void for having expired and that the 2018 alteration/renewal permit should be revoked because it was issued on incorrect information. Eric Tang described alleged trespass incidents connected to activities at the permit holder’s property.

Gene Chiarelli, counsel for Regina Mulligan (permit holder), and Edward Mulligan (contractor) said the windows were placed decades ago with neighbor consent, the permit holder did not realize the original permit had expired, and they sought an opportunity to resolve the issue under DBI rules rather than immediate revocation.

Joe Duffy (DBI) acknowledged the 1990 drawings lacked a site plan and said both original and renewal approvals had errors: DBI considers the windows approved in error and proposed remedies including a correction notice, a notice of violation if corrections are not made, and a revision permit to require removal or remediation of openings. DBI explained that renewal permits are used in cases where work is complete and a final inspection is needed, and that the department could require a revision to address the openings. The department also noted the new survey raises property‑line issues that could be a separate civil matter.

The board asked the parties to work toward a comprehensive revision permit that would include infill of the openings and other necessary corrections; the matter was continued to March 6 and parties were instructed to provide plans the Thursday prior to the hearing.