Board legalizes First Avenue deck as disability accommodation, ties it to a notice of special restriction

The San Francisco Board of Appeals voted unanimously to uphold a permit for a rear landing and stair at 172–174 First Avenue, agreeing that the structure could be authorized as a limited accommodation for a resident with a disability, subject to legally enforceable conditions.

Property owner Nancy Wold said she had recently taken in a sister with a disability and needed a stable, wide stair and landing to ensure a safe egress: “When my family decided I would take in my sister… we would have to have some type of escape route,” she told commissioners.

Neighbors challenged the permit on open‑space and precedent grounds, arguing that a large landing would intrude into the rear yard envelope. Opponents also raised concerns that similar authorizations on adjacent lots would create cumulative encroachment into protected open space.

Planning and DBI staff reviewed code history and noted the department’s ability to allow replacement of existing nonconforming rear stairs in some cases and the relevance of reasonable‑accommodation laws. The board fashioned a compromise: it approved the existing deck/stair as an accommodation for the resident, required a Notice of Special Restriction to be recorded (tying the structure to the accommodation), and required removal of the deck/stair if the accommodation ends or the property is conveyed in ways that remove the need for it. The motion passed 5–0.

Why it matters: The decision balances individual accessibility needs with neighborhood open‑space protections by authorizing an accommodation while placing enforceable limits on permanence.

What happens next: The board’s decision is effective immediately subject to recording of the Notice of Special Restriction and the preparation of findings; the permit holder and staff will return with findings and the recorded condition.