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Board upholds building permit for Broderick Street deck; neighbor appeal denied
Summary
The Board of Appeals denied a neighbor appeal of a deck and stair permit on Broderick Street, concluding the building permit was valid despite a DBI noticing error; the board voted 5-0 to uphold the permit after DBI and the permit holder explained code-required stair changes.
The San Francisco Board of Appeals denied an appeal on Nov. 16 challenging a building permit to construct a new deck and code-compliant stairs at properties on Broderick Street, voting 5-0 to uphold the permit.
Neighbor Irving Zaretsky told the board the deck under construction would consume most of the rear yard on an 80-foot lot and argued that the project harmed the historic greenbelt character of the quadrant. Zaretsky urged the owner to scale back the deck to preserve open space and cited the area’s historic pattern of shallow decks.
Permit holder Michael Yeager said the plans matched those approved in prior variance proceedings, and that code-required, non-spiral code-compliant stairs necessitated some of the layout changes. DBI inspector Joe Duffy confirmed the department had made a notice error—failing to send the required structural neighbor notice on time—and that the department halted construction when the error was identified; he also said the permitted plans meet building code.
After hearing from both sides and DBI staff, Commissioner Lazarus moved to deny the appeal and uphold the permit on the basis that it had been properly issued; the motion carried unanimously. The board acknowledged the department’s procedural mistake in notification but concluded that the permit itself was valid and that available plans and prior variance findings supported the department’s decision.
The permit remains valid subject to standard building inspections and compliance with issued plans; neighbors and the permit holder retained the option of pursuing civil remedies outside the building-permit appeal process if they choose.
