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Board finds 138 Fifth Avenue was originally single-family, grants appeal to correct occupancy
Summary
The Board of Appeals concluded the record supports treating 138 Fifth Avenue as originally a single-family dwelling and granted an appeal to overturn DBI's permit denial, allowing the owner to proceed with a permit to correct the record and remove illegal unit work; vote 5-0.
The San Francisco Board of Appeals on April 18 granted an appeal from Jeremy Paul to reverse DBI's denial of a permit to alter the building and correct the official occupancy record, concluding the historical evidence supports a single-family origin for 138 Fifth Avenue. The board voted 5-0 to overrule DBI's denial and allow the permit to proceed.
Paul presented assessor records, Sanborn maps, Polk directory evidence and microfilm references showing the property historically recorded as a single-family dwelling. DBI staff and Planning reviewed microfilm excerpts and conducted a site visit; DBI's inspection findings and Mr. Paul's documentary evidence persuaded the panel that the building's conversion to multiple units was not reflected by proper change-of-use permits and that, for the purposes of the permit at issue, the record could be corrected to treat the building as single-family.
DBI and Planning staff acknowledged complexities in the microfilm and permit history but noted a permit already exists to merge two units; Planning confirmed that if the Board treats the site as a single-family property, the permit scope would change to be removal of an illegal unit rather than a unit-merger application, and the department would continue processing the corrected-scope permit to completion.
The Board's action allows the owner to proceed with the building-permit process tied to correcting record occupancy and with work that DBI will process under the revised scope. The ruling does not preclude DBI from pursuing any enforcement actions tied to code compliance for work completed without permits in the past; it resolves the immediate procedural barrier to permit issuance on the basis of historical-record evidence.
