Board grants condo-permit with conditions: attic at 127 Seventh Street to be non-habitable and locked

The San Francisco Board of Appeals on June 13 overruled a Department of Building Inspection determination and granted a permit tied to a condominium conversion at 127 Seventh Street on the condition that attic structural/dormer work be removed and that the attic be designated non-habitable with a lockable door at the top of the stairs.

Chief Building Inspector Lawrence Kornfield explained the condo-conversion inspection process and said the conversion team found the attic area had features of occupiable space (headroom issues, electrical and other corrections) that would normally require permit work. Kornfield told the board a report had been issued identifying corrections and that those items form the basis of subsequent notices of violation if left uncorrected.

Representatives for the property-owner/applicant said the attic has historical stair details, windows, lighting and carpeting but no bathroom or kitchen and offered to close and lock stair access and to designate the attic as non-habitable. The applicant’s agent said the dormer had been proposed to mitigate a few inches of headroom deficiency but stated they were willing to remove the dormer and accept a non-habitable designation.

After discussion focusing on access and whether a locked door and a clear non-habitable designation would satisfy department concerns, the board voted 5–0 to overturn the denial and grant the permit conditioned on removing the dormer/structural work and installing a lockable door, with a finding that the attic space is non-habitable.

Board members indicated that the condition must be reflected in the permit documents and that the Department of Building Inspection would retain authority to require further changes if evidence showed the space was being used as habitable space.