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Board of Appeals upholds appellant, denies permit for disputed studio at Nobles Alley property
Summary
The San Francisco Board of Appeals granted an appeal and denied a renovation permit after DBI inspectors found plans inconsistent and that a ‘studio’ shown would require a separate ADU process; commissioners voted to grant the appeal and require the permit be refiled with correct unit descriptions.
The San Francisco Board of Appeals on Feb. 6 granted an appeal by Mark Bruno and denied an alteration permit that had been issued for work at 15 Nobles Alley and 472 Union Street.
DBI inspector Joe Duffy told the board he completed a site visit and found the permit plans inconsistent about how many legal units exist and that the area identified as a studio on the ground floor is not a legal studio. Duffy said the work described as “renovation of existing bath and kitchen in Unit 2” was acceptable but that the studio portion “is not okay” and would need a separate process through Planning as an accessory dwelling unit. “The studio unit would be something that would have to go through the planning department. It’s, in essence, an ADU project,” Duffy said.
The permit holder’s attorney, Leo LaRocque, told the board the owner is prepared to amend or refile, and said the team had attempted to cancel the original permit after the appeal was filed but were told by board staff that the appeal stops cancellation. Appellant Mark Bruno told the panel he believed the application mispresented the building and urged denial, calling the permit “improperly issued.”
Vice President Rick Swig moved to grant the appeal on the basis that the permit had been improperly issued and that plans were flawed and that the studio would require an ADU process. The motion carried on a vote of present commissioners and the permit was denied. The board indicated that the owner may refile corrected plans for work within the legal units of the building.
The board’s decision distinguishes between the simple kitchen-and-bath remodels DBI said could be handled over the counter and the separate approvals required for creating a new unit or ADU. The action leaves open the option for the owner to submit revised, unit‑specific permits and for DBI and Planning to advise on the proper sequence for legalization.
