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Board Upholds Permit to Remove Undocumented Kitchens at 442 Munich Street
Summary
The Board of Appeals denied an appeal by tenants at 442 Munich Street seeking to block a permit to remove undocumented basement and ground‑floor kitchens, finding the permit was properly issued to restore the building to its last legal use.
The Board of Appeals on Aug. 5 rejected an appeal by tenants at 442 Munich Street and upheld an over‑the‑counter building permit to remove undocumented kitchens that DBI said resulted from prior unpermitted conversions.
Appellant counsel Farah Rizvi urged the board to deny the permit, saying the application understates the number of dwelling units and that removal of illegal kitchens would remove low‑cost housing that could otherwise be legalized under the city’s legalization process. Rizvi said Ms. Hsu, a basement occupant, pays $650 a month for her unit and faces eviction if the kitchens are demolished.
Respondent counsel Jamie Bombard said the owner did not install the kitchens and that restoring the property to its last legal single‑family use is necessary. Bombard argued the basement unit is unlikely to be legalized and highlighted safety and liability concerns with the existing kitchens. DBI and Planning staff described prior permits (noting 2005 remodel permits and a certificate of final completion) and said the current permit was issued after a complaint and review; DBI said the issuance is to comply with a notice of violation.
After deliberation, commissioners found that the permit was properly issued to correct illegal kitchens and voted to deny the appeal and uphold the permit on the basis that it was properly issued. The board recorded a 4–1 vote on the motion to uphold the permit.
