Board upholds permit for 2226 Green Street after neighbors’ concerns about fifth‑floor deck

The San Francisco Board of Appeals on Oct. 18 denied appeals of a building permit for 2226 Green Street that had prompted neighbors to seek removal of a proposed Fifth‑floor roof deck, concluding the permit had been processed properly and that Planning and DBI had addressed notice and technical issues.

Appellants told the board they were concerned the permit record understated building height in early notices, that the property had multiple decks already, and that an added Fifth‑floor deck would be an oversized entertainment space inconsistent with neighborhood character. One appellant said the project sponsor had created a "trail of misinformation" and alleged multiple notice and permit irregularities.

Permit holders described multiple permit tracks and said they had reduced deck size iteratively and provided a professional survey after concerns about height. Planning Zoning Administrator Scott Sanchez said the project went through repeated neighborhood notification (section 311), discretionary review at the Planning Commission, and staff had re‑noticed to correct material concerns; he said a survey later confirmed the building exceeded the 40‑foot height limit but that Planning practice allows roof decks on legal nonconforming buildings in specified ways.

DBI Inspector Joe Duffy confirmed some work progressed before all permits were issued and that DBI had asked the sponsors to stop and file the pending building application; DBI staff had plan‑checked the filed application. After deliberation, Commissioner Anne Lazarus moved to deny the appeals and uphold the permit on the basis it was properly issued; the board voted 4–0 to uphold the permit.