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Board denies rehearing on 737 Castro after DBI review suggested

San Francisco Board of Appeals · April 18, 2007
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Summary

The Board of Appeals denied a rehearing request over foundation and retaining‑wall construction at 737 Castro, concluding DBI should review technical engineering issues; the motion to deny was approved and the Department of Building Inspection offered to examine the permit and structural plans.

The San Francisco Board of Appeals denied a rehearing request for 737 Castro, which centered on an appellant’s claim that the existing foundation and retaining wall did not meet building code requirements.

Appellant Isaac Abrams told the board his review of inspection records and photographs showed the as‑built retaining wall and footing did not match approved plans and asked the board to revoke the foundation permit and require a new permit application. Structural engineer Fareed Hemati told commissioners the as‑built condition omitted surcharge loads from an adjacent three‑story house and that the footing width and design, as verified in the field, did not meet the calculated requirements.

Lawrence Kornfield, chief building inspector, said the Department of Building Inspection (DBI) believed the technical issues were factual engineering matters usually resolved by DBI’s structural engineering staff and that the department had not seen “new” evidence that would require rehearing. Kornfield said DBI had spoken with staff (including Acting Chief Inspector Joe Duffy), would review the permit on release from the board, and was prepared to examine the work with the parties.

After discussion about whether the recent notice of violation and correction notice constituted new evidence, Vice President Michael Garcia moved to deny the rehearing request. The board voted to deny the request by a 4–0 roll call (Commissioners Fung, Albright and Holland voting Aye; Albright said she did so reluctantly in light of the rehearing standard). The board left technical review and any potential corrections to DBI.

What’s next: DBI said it would pursue internal review and meet with the parties; if DBI determines a new permit is required, that matter could return to the board. The board declined to rehear the appeal because members found the issues more appropriately handled through DBI’s technical process.