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Commission orders removal of decks and 3‑foot setbacks after finding serial‑permitting concerns at Ninth Avenue discretionary review
Summary
At a contentious discretionary review for 2348 Ninth Avenue, neighbors accused the owners of serial permitting and concealed work; after hearing opponents and the owners, the commission directed removal of upper decks and adopted 3‑foot side setbacks for the enclosed downstairs bedroom pending an architect and DBI review.
A staff‑initiated discretionary review of work at 2348 Ninth Avenue prompted heated testimony and competing accounts of permits and construction practice. Cecilia Jaroslavsky (Planning Department staff) summarized allegations in the complaint: illegal construction, serial permitting, misrepresenting plans, lack of neighborhood notification, and encroachment into mid‑block open space. Staff recommended removing the illegal construction except for a proposed enclosed bedroom, with a reduced width and other modifications to address mid‑block open space and design guidelines.
Neighbor Brewster Fong told the…
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