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Board denies appeal in Eighteenth Street retaining-wall dispute; DBI orders temporary repairs

San Francisco Board of Appeals · December 6, 2017
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Summary

The Board of Appeals denied an appeal about work at 3815 Eighteenth Street and found the permit was properly issued; DBI issued a notice requiring temporary repair to stop immediate water intrusion and pest risks.

The San Francisco Board of Appeals on Dec. 6 denied an appeal by Christopher Doe challenging enforcement and work at a neighboring property, finding the permit at issue had been properly issued. The dispute centers on a planter/retaining wall that a neighbor removed, which exposed Does party wall and, according to DBI, allowed water intrusion and exposed framing.

Appellantscounsel Robert Chin described repeated water intrusion into the appellants basement and said the neighbors removal of a planter and resulting exposure damaged the party wall and left the building vulnerable. Appellant Christopher Doe urged the board to allow access so he could repair the exposed wall and stop rodents and ongoing leaks.

Respondent Peter Louie said an earlier notice of violation had described the condition and that DBI staff had advised that some removal constituted landscaping; he said he had not taken a permit because the work was considered exempt landscaping at that time and that he would like to clear his own notice of violation before additional changes were made. DBI Inspector Joe Duffy testified he observed exposed framing, water intrusion and rot, and described the condition as an emergency; he said DBI issued a separate notice requiring a temporary repair (to be done within 24 hours) to mitigate immediate hazards.

The board denied the appeal on the basis that the permit was properly issued. Inspectors and the board urged parties to cooperate for emergency mitigation; DBI confirmed it issued a 24-hour temporary-repair notice requiring immediate protective measures.