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Board continues Rosemont Place appeal; orders DBI life-safety and permit-history review to protect tenant

San Francisco Board of Appeals · April 18, 2012
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Summary

The Board continued the appeal over an alleged illegal garage unit at 21 Rosemont Place, asking DBI to inspect life-safety issues and research permit history; owner agreed to work with the tenant to give time to relocate if required. Continued to June 13, 2012 (5-0).

On April 18 the Board of Appeals continued an appeal concerning 21 Rosemont Place (appeal 12-027) after hearing arguments from a senior tenant's advocate and the property owner. The tenant, Inga Dillon, who has lived in the unit for 19 years, asked the board for ample time to relocate if the unit is declared illegal. The owner, Jonathan Witherington, said he had applied for permits to remove the unit and was willing to work with the tenant to provide a relocation package if necessary.

Housing advocates and Legal Assistance to the Elderly described the tenant's limited mobility and dependency on local services; they asked the board not to force immediate displacement. DBI and Planning staff said permit-history research and an inspection were underway to determine whether the unit is an illegal in-law and to identify life-safety deficiencies (egress, fire-separation). The owner and his consultant explained the cost and physical constraints of bringing the unit up to current code (egress clearance, sprinklers, rear-yard variances).

The board asked DBI to perform a life-safety inspection and verify permit microfilm records and returned the case to the calendar for June 13 so the department can present those findings. The board also requested the owner investigate feasible, immediate life-safety steps (for example: smoke detectors, limited mitigations, and a sprinkler feasibility check) to reduce risk if the tenant remains temporarily. The matter was continued by a 5-0 vote.