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Neighbors oppose legalization of 981 Ingersoll addition; commission declines discretionary-review motion and permit stands

San Francisco Planning Commission · September 28, 2006
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Summary

Neighbors objected to an owner’s effort to legalize existing additions at 981 Ingersoll citing lot size, loss of light and safety/exits; the Commission voted down a motion for discretionary review (3–2) and staff indicated the building-permit application stands as submitted, with the sponsor free to revise plans to remove a shower if desired.

Residents of the block near 981 Ingersoll urged the Planning Commission to deny a request to legalize an existing rooftop/vertical addition, saying the lot is the smallest on the block and the addition obstructs views and reduces sunlight into rear yards. The owner said the plans reflected an existing condition and that changes proposed earlier (removing a shower or reconfiguring garage access) would allow compliance with the Planning Department’s ground-floor rules.

Opposition: Anthony Bryant, speaking for neighbors, said the subject lot is the smallest in the area and that the flat-roof addition would block views and sun and that rear-yard egress could be unsafe. Neighbors argued the first variance proceeding had not afforded full notice opportunities and expressed concern about possible conversion into a separate dwelling.

Sponsor response: Owner Brian Powell said the plans provide indirect access through the garage that meets the rooms-down matrix, that there are no windows facing the neighbor’s yard, and that he is willing to remove the shower or record a restriction to meet staff guidance.

Commission action: A motion from Commissioner Antonini to take discretionary review conditioned on removing the shower and allowing direct street access failed on a 3–2 vote; with no substitute motion the permit application was approved as submitted. Staff noted the sponsor could later revise plans (remove shower and add garage access) without additional notice and that any permit release would be subject to standard checks.

Outcome: The permit as submitted stands; staff and the sponsor discussed options such as removing the shower or adding interior garage access to eliminate direct street access and to match the ground-floor policy. Commissioners split on whether discretionary review was warranted given the project’s compliance with the rooms-down matrix and the fact the work had mostly already been constructed.