Board upholds DBI permit for 2327 Twentieth Ave; rejects continued site visit motion

The San Francisco Board of Appeals voted 4–1 to uphold a permit authorizing work at 2327 Twentieth Avenue and denied the appellant’s request to continue the matter for a site inspection that might explore whether the basement unit could be legalized.

Appellant TK Segrillo, represented by Michael Bracamontes, argued the permit holder used DBI procedures to remove a long‑term, rent‑controlled tenant and that the work was an eviction tactic. The permit holder’s counsel, Jared Hendrickson, said the owner is responding to a notice of violation from the Department of Building Inspection and lacks financial ability to legalize the unit; the owner’s representative said structural constraints and a narrow garage make legalization infeasible without substantial work.

Lawrence Kornfield of the Department of Building Inspection confirmed the complaint that triggered the notice was anonymous and that the department has no record of permits for the unit. Kornfield said a short site visit could determine if legalization is feasible; commissioners debated timing and prejudice to the owner. Some commissioners were sympathetic to the tenant’s circumstances but unwilling to force a property owner to legalize a unit or to delay a permit when the owner opposes continuance.

A motion to continue for a DBI and Planning site visit failed 2–3. The board then voted to uphold the permit as issued, with no new conditions; the losing party has 10 days to request rehearing. The board noted that a site visit could be scheduled outside appeals action but declined to make it a condition of upholding the permit.

Vote: Motion to uphold permit — passed 4–1 (Yes: Fung, Knox, Garcia, Albright; No: Holland).