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Board upholds DBI permit for 158 Fairlawn Street after property‑line dispute; DBI to review surveys and enforcement
Summary
The Board of Appeals denied an appeal challenging a Department of Building Inspection alteration permit at 158 Fairlawn Street, concluding the permit was properly issued and directing DBI/Planning to follow up on property‑line and permitting issues including an advised survey.
The San Francisco Board of Appeals on June 28 denied an appeal by Irene Ionian that contested a DBI alteration permit issued to a neighbor at 158 Fairlawn Street. Appellant representatives alleged the neighbor poured a foundation and built a fence that encroached on Ionian’s rear‑yard property line and caused drainage problems. The neighbor’s son and other witnesses said construction followed previous permit activity and that city inspectors had approved work to date.
DBI and Planning staff reviewed the permit history in the hearing. Planning Department staff said the current permit revises a 2010 permit intended to address earlier illegal construction; the permit went through neighborhood notification and was approved by Planning in 2014 and issued in April 2014, but remains incomplete. DBI inspector Joe Duffy described the matter as a common property‑line dispute and reported an onsite measurement of 24 feet 8 inches between fence lines; he recommended requiring a licensed survey to resolve the boundary question and suggested DBI could request a survey or issue a correction notice if work was outside the permitted area.
Appellant representatives asked the board to deny the permit until the property boundary was clarified by survey; DBI staff said the department could require a survey from the permit‑holder and that unresolved issues might be civil matters. After discussion about the permit’s scope and the limits of the board’s review, Vice President Frank Fung moved to deny the appeal and uphold the permit on the basis that the record supported issuance. The board voted to deny the appeal.
DBI staff said they will continue to review complaints and may request a licensed survey or pursue enforcement if warranted; the board’s decision upheld the permit but the underlying property‑line dispute may proceed through DBI inspections or civil channels.
