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Board continues housing relocation dispute, upholds Mirabel and Danton permits

San Francisco Board of Appeals · November 19, 2008
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Summary

The board continued a heating/relocation dispute at 1142 Jackson to Dec. 10 for negotiation, upheld a rear‑yard addition at 47 Mirabel (4‑0, one recusal), and left a contested 80 Danton permit standing after a 2‑2 split; commissioners urged negotiated solutions for tenant displacement and neighbor mitigation.

Several permit appeals and a tenant‑landlord dispute were resolved or continued at the Nov. 19 Board of Appeals meeting.

At 1142 Jackson Street, tenant Kyle Wong said lack of heat and a landlord plan to install a forced‑air furnace — including ductwork that could require lowering ceilings and temporary relocation — threatened the family's residence. Owner counsel Steve Williams said the work is necessary to cure a DBI notice of violation and that the proposed installation is typical; DBI Chief Building Inspector Laurence Cornfield said electric resistance heat is not permitted under the California Energy Code and explained typical timelines. The parties agreed to negotiate and the board continued the matter to Dec. 10 to allow attempts at resolution (5‑0).

On appeals of two residential additions, the board upheld the permit for 47 Mirabel after finding the two‑story extension modest and consistent with planning guidelines; Planning staff supported the project and Commissioner Goh recused himself for prior involvement. At 80 Danton, neighbors sought larger setbacks to protect light for an elderly resident; after extensive testimony the board was split 2‑2, and the permit stands because four votes are required to overturn or modify.

Why it matters: The board emphasized trying to resolve tenant‑landlord disputes by negotiation where possible, while enforcing DBI notices to remedy habitability problems. Neighbors and applicants were encouraged to continue outreach and consider mitigation (plantings, narrow plan changes) where feasible.