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Board of Appeals overturns Planning Commission denial for 2348 Ninth Avenue, allows existing downstairs bedroom to remain
Summary
The San Francisco Board of Appeals voted 4-0 to overturn the Planning Commission’s denial of a permit for work at 2348 Ninth Avenue, allowing the lower enclosed bedroom to remain while ordering removal of portions of decks and trellis elements and requiring revised plans and findings to be returned to the board.
The San Francisco Board of Appeals on Tuesday overturned a Planning Commission denial for a rear-yard addition at 2348 Ninth Avenue, voting 4-0 to grant the permit with conditions and to adopt findings at a later date.
Planning staff told the board the project stemmed from a DBI notice of violation for a series of encroachments and enclosures at the back of the house. Scott Sanchez of the Planning Department said the department recommended trimming the unlawful enclosure and cutting back the side walls three feet to meet residential design guidelines, while allowing a smaller portion of the upper deck to remain. "We felt that it would meet the residential design guidelines if it were set back at the side somewhat to sort of match the pop out," Sanchez said during his presentation.
Owners and counsel pressed for a different remedy. Attorney Brett Gladstone and resident Mrs. Marr said the downstairs bedroom that resulted from the enclosure is essential for elderly family members and that cutting the room back would be costly and functionally impractical. "We are 4 seniors who put everything into this house...we beg your indulgence," Mrs. Marr said, describing the room as necessary for family members with mobility limitations.
Neighbor Brewster Fong, who filed the original complaint, urged removal of the illegal structures and accused the owners of "serial permitting" that circumvented neighborhood review. "What I am against is illegal construction," Fong said in public comment.
Commissioners debated remedies available under the planning code and whether fines or partial removal would be a proportionate response. Commissioner Frank Fung, who moved to overturn the denial, said he would "lean toward allowing the bedroom to stay in its present configuration" while removing the most obtrusive deck elements. The motion—stated by Fung and supported in the roll call by Commissioner Holland and Vice President Albright—passed unanimously. The board directed appellant counsel to submit revised plans and instructed staff to prepare findings for adoption at a later meeting.
The board’s action lets the lower-level room remain at its current width while requiring the removal of selected deck and trellis material that the Planning Commission had ordered. The board also allowed a small portion of the lower deck to remain to preserve access to the rear yard for maintenance and egress. The applicant must return with revised plans and the board will adopt formal findings before the decision is finalized.
The vote was 4–0; Commissioner Randall Knox was absent. The board scheduled adoption of findings and the revised plans for a future meeting.
