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Board upholds permit at 1405 York Street after neighbor appeals
Summary
The Board of Appeals denied a neighbor appeal challenging a permit to legalize an addition at 1405 York Street, concluding that the permit met planning code and design guidelines; the board voted 5–0 to uphold the permit.
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The Board of Appeals on Dec. 6 denied an appeal from Michael and Leora Vestal challenging a permit for work at 1405 York Street and upheld the permit, 5–0.
The Vestals argued the permit would legalize prior illegal additions and further reduce rear-yard open space, asking that the board scale back the proposed depth by 3 feet 3 inches and ensure plans reflected prior illegal modifications. They presented photos and argued neighborhood character would be affected.
Representatives for the permit holder, Wendy Lin, said the neighborhood dispute was personal, that the owners had previously notified neighbors via a 3-11 posting and direct email, and that the permit was necessary to legalize past work and to make the home code-compliant. Planning staff advised the board that the permit met the planning code and residential design guidelines and that there was no rear-yard encroachment requiring a variance.
After hearings, commissioners largely characterized the dispute as a neighbor-to-neighbor conflict that did not present a code-based reason to overturn the permit. Commissioner Garcia moved to uphold the permit; roll-call vote was 5–0 to deny the appeal and uphold the permit.
