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Board conditions lift of suspension for Greenwich elevator: 10‑inch restoration, pipe removal and soundproofing required

San Francisco Board of Appeals · July 20, 2016
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Summary

After finding Planning should have required neighbor sign‑off, the Board of Appeals required the permit holder to restore 10 inches of light‑well depth, remove boiler flues from the shaft and add sound mitigation (max 54 dBA) before lifting a suspension for a new elevator at 2764 Greenwich.

The Board of Appeals on July 20 found error in Planning’s release of a suspension for a permit that allowed an elevator shaft to infill most of an adjacent light well at 2764 Greenwich Street and conditioned lifting the suspension on remedial measures.

Appellant Mark Dvorak said the over‑the‑counter permit obliterated a light well that had been set and approved during a prior variance process; he urged notice, additional review and preservation of light and air for windows that open into the shaft. "The prospect of an elevator taking away our light and air… was pretty distressing to us," Dvorak said.

Planning staff (Scott Sanchez) acknowledged staff error: the permit should have required adjacent owner sign‑off under the department bulletin and Planning’s residential design guidelines recommend a 3‑foot setback for modified light wells. Permit holder Todd DiMartino and counsel argued vested‑rights and said the project had advanced in good faith, with roughly $200,000 invested; they offered design concessions including light‑reflective finishes and LED lighting.

After negotiations at the podium, the permit holder agreed to restore 10 inches of light‑well depth, remove pipe elements from the light well and add sound mitigation; commissioners adopted a motion finding the zoning administrator erred and granting the appeal conditioned on those changes, with a sound rating limit of 54 dBA for the mitigation wall. The motion carried 5‑0.

The board’s remedy balances Planning’s guidance, neighbor impacts and the permit holder’s reliance costs; the permit will be allowed to proceed only after the required adjustments and confirmation of compliance.