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Board upholds Page Street site permit with conditions after collapse and demolition concerns

San Francisco Board of Appeals · June 29, 2011
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Summary

The Board of Appeals upheld a site permit for work at 1138–1140 Page Street but imposed restricted work hours after neighbors and an adjacent property owner alleged unsafe demolition, excavation beyond notified depths, and a March roof collapse that damaged adjacent walls. The board found planning calculations did not exceed the 50% demolition threshold but added conditions and urged parties to coordinate repairs; vote 4–0.

The San Francisco Board of Appeals on June 29 upheld a site permit for 1138–1140 Page Street while addressing multiple contested allegations that the permittee had worked beyond authorized scope, that excavation violated Civil Code notice requirements, and that a March 12 roof collapse damaged an adjacent neighbor’s wall.

Appellant counsel Anna Shimko said the project amounted to a de facto demolition—citing updated calculations of vertical elements affected (48.6% to 49.4% reported in filings)—and urged discretionary review, a demolition finding, and restrictions such as withholding future building permits for five years under Building Code §103A3. The neighbor and contractor submitted photographs of a collapsed roof and debris entering adjacent light wells, and the appellant sought conditions to protect tenant safety and property access to repair a damaged wall.

Permit holder counsel Alice Barclay and contractor Michael Cassidy responded that the work proceeded under multiple permits (site permit and structural/foundation permits), that some permits were later revoked after review, and that inspection records showed walls designated to remain were still present. DBI and Planning staff described inspections, a revoked structural permit, a correction notice for siding, and Planning’s demolition calculations. Planning Department staff said the demolition calculations as applied produced results below the 50% threshold in Planning Code §3.17 and outlined how the department performed its math based on submitted plans.

Board members pressed for short-term, practical remedies. The board discussed access for the appellant to repair an exposed wall, timing and conditions for flashing to prevent water intrusion, and working hours. By motion, the board upheld the permit on the basis that the project is not a demolition under the planning code and that the permit complies with code requirements, while imposing restricted construction hours (Mon–Fri 07:30–17:30; Sat 08:30–17:30). The motion passed 4–0. The board encouraged parties and departments to coordinate a limited access window for repairs and confirmed that DBI would apply extra scrutiny to inspections and permit addenda going forward.

The board’s action keeps the site permit active but adds conditions intended to reduce neighborhood impacts and requires the permittee to coordinate with the adjacent property owner and city departments to address access and short-term repairs.