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Board conditions approval of large 3751–3753 20th St. remodeling on excavation protections and monitoring

San Francisco Board of Appeals · January 18, 2017
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Summary

After extended public testimony about scale, glazing and deep excavation, the Board of Appeals approved the site permit for 3751–3753 20th St. but conditioned approval on compliance with Civil Code Section 832, required settlement monitoring for adjoining lots paid by the permit holder, and restrictions on screening/fencing near the appellant’s windows; vote was 4‑0.

The San Francisco Board of Appeals on Jan. 18 approved a contested site permit for a multi‑story enlargement and deep below‑grade garage at 3751–3753 20th St., granting the permit with conditions designed to protect adjacent properties from excavation impacts.

Appellant Ingrid Eggers, owner of a small cottage immediately adjacent to the proposed work, told the board she was especially concerned about height calculations, extensive glazing facing her cottage, and a proposed excavation of roughly 25 feet that could undermine the shallow foundations of her mid‑block historic cottage. Eggers asked the board to downsize massing, reduce glazing, remove the topmost roof deck and to require deed restrictions preventing fences that would block her windows.

Permit sponsor Justin McBain and the project architect said the project has undergone extensive review by Planning and the Historic Preservation process, obtained a rear‑yard variance after reviews, and has been adjusted to reduce impacts (including lateral shifts and setbacks). Planning staff (Scott Sanchez) confirmed certificate‑of‑appropriateness and variance reviews and explained complicated grade‑averaging rules for measuring height on an up‑sloping lot. DBI inspector Joe Duffy told the board that deep excavations require geotechnical study, special inspections and that Civil Code Section 832 notifications to adjacent owners are standard. DBI recommended settlement monitoring and preservation of the appellant’s windows.

Commissioners focused their deliberations on protecting adjacent foundations during deep excavation. The board’s motion approved the permit on the basis it met code requirements but added conditions: compliance with Civil Code Section 832 notifications, provision by the permit holder of a settlement‑monitoring system for all adjoining lots (at no cost to neighbors), and a requirement that any screening or fencing be no higher than the bottom of the appellant’s window sills. The motion carried 4‑0.

DBI and Planning staff said they will review geotechnical reports and special inspections as part of permit addenda; inspectors recommended early monitoring points and regular observations during construction to detect settlement and protect neighboring foundations. The board’s conditional approval aims to balance property‑owner development rights with explicit protections for immediately adjacent historic structures.