Board revokes permit for 3636 Webster Street, says new variance or permit required

On Dec. 10 the San Francisco Board of Appeals voted 3–0 to deny and revoke a building permit for 3636 Webster Street after finding the current permit did not conform to a prior 2006 variance and that the work had progressed from repair into replacement.

Appellant Lisa Crim told the board the permit holders expanded a small balcony into a larger deck and did not disclose the full scope of demolition and rebuilding, arguing the work exceeds the 2006 variance's allowances. She said the 2006 variance remains permanently tied to the physical structure and that any enlargement requires a new variance.

Frank and Ann Hardenberg, the permit holders, said extensive dry rot discovered during demolition required rebuilding and that their work remained within the historic envelope. DBI inspector Joe Duffy reviewed the department’s notice of violation and inspection history, confirmed an NOV issued Sept. 24 for exceeding the scope of a permit and said the department generally treats projects removing more than 50% of material as replacement rather than repair.

Planning Department staff explained the difference between repair and replacement, and said if a nonconforming structure is voluntarily demolished or replaced the applicant must obtain a new variance and building permit. Based on the evidence, planning and DBI staff advised the board the current permit before them was not adequate; the board voted to revoke the permit and directed the applicants to return with appropriate variance and permit applications if they wished to proceed. DBI staff also noted the department will work with the contractors on limited, temporary waterproofing measures during any reapplication.