Board adopts revised plans and records Notice of Special Restrictions in Golden Gate Avenue appeal

The Board of Appeals on June 24 accepted an agreed settlement that conditions an alteration permit for properties on Golden Gate Avenue on revised plans and the recordation of a notice of special restrictions (NSR).

Ryan Patterson, representing the appellants (Homeowners Association), and counsel for the permit holder presented a private settlement that narrowed the NSR to three core items: no retroactive closets in rooms designated as offices or studies, double‑glazed windows for sound/privacy, and a privacy fence in the backyard. Scott Sanchez, zoning administrator, told the board that imposing conditions by NSR creates long‑term implications because the planning department would have to deny future permits that conflict with those recorded conditions; he recommended striking language in the plans that attempted to place fence‑maintenance obligations on the owner and asked that the NSR language on the plans match condition number 3 of the draft NSR.

At the hearing counsel for the permit holder agreed to strike the plan note about fence maintenance and to provide full‑size plan sets to board staff with that correction. Commissioner Fung moved to grant the appeal in the form of upholding the permit with the revised plans and requiring recordation of the NSR dated 06/24 (the board accepted the parties’ date sequencing after a clerical clarification). The board voted 4–0 (Commissioner Swig absent) to uphold the permit with revised plans and the recordation of the NSR.

The board’s action formalizes the private settlement terms into the public permit record and places the NSR on title, meaning future permit applicants and the department will need to account for the recorded restrictions or return to the board for modification.