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Board of Appeals upholds USF sidewalk encroachment permit with conditions, limits fence height to 8 feet
Summary
The San Francisco Board of Appeals approved a settlement with the University of San Francisco to reduce a longstanding six‑foot sidewalk encroachment, require a new fence no taller than 8 feet, and plant 11 street trees; the board accepted revised plans and tied compliance to departmental permitting timelines.
The San Francisco Board of Appeals on Oct. 12 accepted a settlement between the University of San Francisco and neighbors that reduces a long‑standing sidewalk encroachment and places conditions on the minor sidewalk encroachment permit.
Harry O’Brien, counsel for USF, told the board the university will move most of the fence to the property line and shrink the existing six‑foot encroachment to roughly three feet for about 200 feet of frontage, remove a portion of the retaining wall in the right of way, and plant 11 street trees subject to Department of Public Works tree permits. O’Brien said work would begin after the baseball season and be completed by July 30, 2012.
Appellant Richard Rabbit and several neighbors said they welcomed the compromise but pressed USF and the city for a shorter timetable. “They’ve done similar work in two months previously,” Rabbit said, arguing a nine‑and‑a‑half‑month completion proposal was unreasonable. A neighbor also asked DPW to prorate a $7,760 permit fee if planting and maintenance occurred late in the season.
DPW representative Rasindel Dennis and Planning Department analyst Scott Sanchez told the board the departments had received revised drawings and that some submittals remained incomplete. Dennis said DPW guidelines typically allow 30–60 days for sidewalk/repair projects but acknowledged extensions are sometimes necessary depending on scope and permit sequencing.
After discussion the board voted 4‑0 to accept the settlement and condition the minor sidewalk encroachment permit on the revised plans and the settlement letter dated Oct. 12, 2011. The board instructed that (1) the existing chain‑link fence in the encroachment area be removed and a new fence installed in substantial conformance with the revised plan dated 01/27/2011 revised on 10/12/2011; (2) the new fence may be up to 8 feet in height as measured from the base of the fence; and (3) the contents of the settlement letter be incorporated subject to the condition that the permit holder obtain all required permits from the relevant city departments. Commissioners noted the board cannot compel other departments’ issuance calendars but required the applicant to apply for the necessary permits in a timely fashion.
The conditions are intended to restore most public right‑of‑way access while allowing USF to complete improvements that university representatives said will preserve safety and campus function during construction. The board’s order will be followed by an administrative notice of decision and the permit will be carried out under DPW and Planning protocols.
