Board denies late jurisdiction request over Third Street permit; DBI to inspect neighbor’s fence height

The San Francisco Board of Appeals on May 7 declined to reopen a permit for 4120 Third Street after neighbors raised concerns about excavation, retaining walls, and an allegedly enlarged fence that they said threatened a 100‑year‑old coast live oak.

Robert Call, the neighbor who filed the jurisdiction request, told the board the permit holder’s work included trenching for footings for four retaining walls and a new 8‑foot fence that he said had raised the grade and damaged trees, roof tarps and adjacent property. “Mr. Leung ignored the plans and expert advice to not disturb any roots and excavated almost every square foot of the backyard,” Call said in his three‑minute presentation.

Darryl Leung, identified himself at the lectern and said he had a permit to do rear additions and a new garage. Engineer James Lee told the board the work on foundations and framing was permitted and that the permit covered the new front garage.

Tina Tam of the Planning Department and Lawrence Kornfield of the Department of Building Inspection explained fence‑height rules: fences up to 6 feet in rear yards require no permit; between 6 and 10 feet require a permit; planning measures fence height from original grade, while building code looks to highest elevation and permits more leniency. Kornfield said if a fence exceeds permitted height and was not part of the issued permit, DBI would investigate.

Commissioners debated whether the claims related to retaining walls and tree damage were within the scope of the subject permit or were civil matters for neighbors to pursue. Commissioner Holland moved to grant jurisdiction but the motion failed; the board voted 1–3 to deny the jurisdiction request. The board instructed DBI to inspect the fence height and take action if warranted.

The denial leaves the appellant able to pursue alternative remedies; DBI’s inspection was the immediate next step the board directed staff to take.