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Board Upholds Permit After Neighbor Settlement at Third Avenue Property

San Francisco Board of Appeals · July 10, 2013
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Summary

The San Francisco Board of Appeals upheld a building permit and accepted a settlement between neighbors and the permit holder for alterations at a Third Avenue property; the board found revised plans code‑compliant and approved the permit 5–0.

Board President Chris Wong called a settlement report for appeal 13‑059 at the start of the July 10 meeting and invited the parties to present the agreement.

Peter Sun, the permit holder, told the board the parties had reached an agreement that revised the project’s light well and parapet details and added a new kitchen window; he said the light well depth on the second floor was increased and the final parapet height would be maintained to allow maximum light to neighboring windows.

Scott Sanchez of the Planning Department told the board he had reviewed the revised drawings and found them to “appear to be code complying,” and the appellants, Guillermo and Guiselda Gonzales, confirmed they agreed to the settlement terms. After brief staff remarks and no public opposition, Commissioner Fung moved to uphold the permit with the revised plans and the stated conditions. The board voted unanimously to uphold the permit, 5–0.

Why it matters: The board’s action finalizes the challenged permit with the parties’ negotiated changes rather than requiring further adjudication. The settlement clarified dimensional changes to the light well, a window addition and parapet height to address neighbor concerns.

The board returned the case to the departments for implementation of the revised plans; no further action was taken at the meeting.