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Board upholds stair permit at 119 Gates Street after compromise arguments

San Francisco Board of Appeals · February 13, 2008
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Summary

The Board of Appeals upheld a stair permit for 119 Gates Street, rejecting a rotated-stair compromise and voting 3-1-1 to leave the permit as approved.

The San Francisco Board of Appeals voted to uphold the permit for 119 Gates Street after hearing competing architectural presentations and neighbor testimony.

Appellant representatives and an architect proposed rotating the exterior stair to reduce view impacts. The appellant’s architect said the rotated stair would be less visually obtrusive and allow for a larger rear window. The permit-holder’s architect presented 3-D renderings and argued the approved stair met California building code requirements and would not be visible from the contested interior vantage point.

Commissioners debated visibility, code compliance and whether imposing a compromise was appropriate. One commissioner said the rotated-stair proposal was “a good compromise,” while others noted code requirements and the fact the approved design meets the building code. The board moved to uphold the permit with no new conditions; Commissioner Holland dissented and one commissioner was absent. The motion carried 3-1-1.

The upholding leaves the approved stair in place and signals the board’s preference to defer to code compliance where designs meet applicable standards, while noting neighbor concerns raised during the hearing.