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Board upholds most permits for 68 Presidio but continues roof‑deck appeal to review egress and property‑line issues

San Francisco Board of Appeals · October 9, 2013
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Summary

The board upheld two consolidated permits for 68 Presidio Avenue but continued a contested roof‑deck permit after neighbors argued the proposed expanded deck requires a second means of egress that would rely on a path that straddles an adjacent property and lacks a recorded easement.

Neighbors Steve Greenwald and Shelly Alpert appealed multiple permits for 68 Presidio Avenue, alleging serial permitting, prior unpermitted excavation and, most importantly, that the enlarged rooftop deck (from roughly 300 sq. ft. to over 1,000 sq. ft. in permits) lacks a code‑compliant second means of egress without crossing adjacent property lines. Fire‑safety reviewers (retired SFFD plan reviewers and fire‑protection consultants) said a rooftop deck of that size requires two means of egress that must be within the property or secured by a recorded easement that includes the city as a party (SEG 5918–6170; SEG 6516–6568). They said the existing pre‑1985 condition that uses a narrow shared alleyway to discharge toward the street is not a substitute for a compliant, property‑specific exit for a new, enlarged occupiable roof deck.

Permit representatives and the owner argued the condition is a longstanding preexisting configuration used across the block, that the property line and egress condition were shown on plans, and that Planning and DBI staff had reviewed and issued consolidated permits after extensive plan checks (SEG 6408–6472; SEG 6596–6639). The owner also proposed mitigation measures — moving a proposed fire pit and adding a planter to provide a visual and physical buffer near the property line — and said the sprinkler and other technical items could be revised to the agencies’ satisfaction.

After extensive testimony from neighbors, technical reviewers and planning and building staff, the board concluded two of the consolidated permits (13‑103 and 13‑121) were properly issued and upheld them. On the roof‑deck item (13‑113), the board agreed DBI should take more time to re‑review the property‑line and second‑egress issues in light of fire‑safety testimony; that roof‑deck appeal was continued to Nov. 13, 2013 for further review (board action recorded Oct. 9).