Board of Appeals Upholds Permit for Intrusion Fence at 72 Kissling in 3–2 Decision

The San Francisco Board of Appeals on March 24 upheld a building permit that authorizes installation of expanded‑metal intrusion fencing on the southwest parapet wall of a property at 72 Kissling.

Appellant filings and public testimony described a long neighbor dispute. The Board heard a representative for the property owner (Matividad Runjuez) argue there had been failed negotiations and expressed concern about tenants’ ability to see out of a bedroom window and the habitability of that unit. By contrast, Charles Warenberg, who sought the fencing, told the Board he had spent roughly $2,000 on materials and permits and that the fence had prevented intrusions since he installed it. “I believe that if the board decides that they should maybe vote against this fence … the city picks up a liability if something happens,” Warenberg said, urging a legal remedy to prevent future intrusions.

Commissioners weighed two competing strands of reasoning: several members emphasized that the proposed fence had been permitted and was code‑compliant, and they cited prior roof intrusions as a safety concern; others expressed sympathy for the neighbor’s complaint that the bedroom window would be effectively blocked and urged continued negotiation. Deputy City Attorney Francesca Gessner cautioned the Board against speculative findings on potential city liability.

A motion to uphold the permit on the basis that it was code‑compliant passed by roll call vote 3–2. The Board recorded its decision following closing statements and submitted the matter.

What happens next: the Board’s written decision will be filed and incorporated into the administrative record; any party seeking further relief may consider judicial review in the appropriate forum.