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Board of Appeals Revokes Permit for Large Rear Structure at 940 Esmeralda
Summary
After testimony from neighbors, permit holders and city staff, the San Francisco Board of Appeals voted 4-0 to revoke a DBI-issued permit for a large rear-yard structure at 940 Esmeralda, finding the over-the-counter permit was issued in error and that the structure functions as a deck rather than a play structure.
The San Francisco Board of Appeals voted unanimously on Jan. 28 to revoke a Department of Building Inspection permit that had legalized a large rear-yard structure at 940 Esmeralda Avenue.
Neighbor Evelyn Jean Pine told the board the freestanding, elevated structure intrudes on privacy and the Bernal Heights mid‑block green space and is tied to a history of commercial events on the property. "Rescind the inappropriate permit," Pine told the panel, listing removal of the structure and elimination of mechanical, plumbing or electrical work in the rear yard as remedies she sought.
Permit holders Scott and Jeanne Stone said the structure originated as a treehouse in the late 1990s and that they filed a permit to reduce the footprint to under 100 square feet so it would qualify as a play structure. Their consultant, Pat Buskovich, said the structure could be made compliant through a pre‑demolition meeting and special inspection showing what would remain.
Planning and building staff told a different story. Scott Sanchez of the Planning Department said the permit was not reviewed by Planning, that the structure appears to be a deck in the required rear yard and that, given its size and height, it would likely require a variance. Senior Building Inspector Joe Duffy described a site visit and an amended notice of violation that documents a platform approximately 12 by 10 feet by 10 feet high and additional unsafe conditions; Duffy said the play‑structure exemption did not authorize work that otherwise violates building or zoning rules.
Commissioners questioned whether the structure met the code exemptions for playhouses or detached accessory structures, and debated measurement points for height and the role of topography. After deliberation, Commissioner Frank Fung moved to revoke the permit on the basis it had been issued in error. The motion passed 4-0.
The board’s action revokes the prior DBI over‑the‑counter permit and directs the matter back to DBI and Planning for further processing; permit holders were advised they may pursue a proper application or corrective steps under the applicable code.
The vote was recorded as 4 to 0 in favor of revocation.
