Board continues Broderick Street curb-cut appeal pending resolution of underlying building permits

The San Francisco Board of Appeals on Feb. 5 continued an appeal of a Department of Public Works minor sidewalk encroachment permit that would allow a curb cut and driveway at 2853 Broderick St., saying it will wait until the Planning Department resolves questions about the underlying building permits.

Appellant Irving Zaretsky told the board the case turned on inaccurate plans and a missing settlement that, he said, prevented neighbors from getting full notice and review. "This was not an error ... this is simply an invention," Zaretsky said, arguing that the submitted plans misstated building heights and deprived neighbors of due process.

Permit holder Pamela Whitehead and her architect, Steven Antonaris, said the driveway and curb cut conform to the approvals they received and that earlier drawing errors were not fraudulent. "There was an error on the plans. I committed this error. It was not ... fraudulent," Antonaris said, adding Planning now has corrected drawings.

Scott Sanchez, the Planning Department zoning administrator, summarized the chronology and said he performed an unannounced site visit after neighbors complained and "found it to be approximately 36 inches," consistent with the earlier board requirement. Sanchez said Planning had recently received revised plans that included additional changes and, because of the cumulative revisions and possible impacts to categorical exemptions, Planning had suspended all active permits tied to the project and advised that the encroachment be held until code-compliant, consolidated plans are in place.

John Kwan of Public Works said the encroachment permit had been issued based on technical compliance but acknowledged the permit is tied to the building permit; if the building permit is revoked or modified, the encroachment approval may need reanalysis.

After hearing neighbor testimony urging clarity and prompt resolution, the board voted 4-0 to continue the appeal to the call of the chair pending resolution of the suspension or modification of the related building permits.

The continuance means the curb-cut and sidewalk-encroachment matter will return to the board only after the Planning Department and Building Inspection resolve the outstanding questions about the underlying building permits and provide corrected, consolidated plans.