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Board upholds First Street code-compliance permit but conditions record to two habitable stories
Summary
The San Francisco Board of Appeals denied Lisa Amick’s challenge to a permit for 3520 First Street while conditioning the permit on DBI amending its records to list two habitable stories; the decision resolves a dispute over whether an attic should be treated as a habitable floor and notes potential safety upgrades if it were legalized.
The San Francisco Board of Appeals on April 16 upheld a permit allowing owners Ben and Wendy Yellum to alter 3520 First Street to meet code-compliance requirements but imposed a condition that city records reflect two habitable stories rather than three, limiting recognition of the attic as a habitable level without further approval.
Appellant counsel Richard Hurlbert argued that the Yellums’ permit misrepresented the building’s historic permit history and would effectively legalize an additional habitable story while evicting tenant Lisa Amick. Hurlbert said the original 1909 permit shows two floors of occupancy and called it “a mockery of the system” to allow an…
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