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Board denies appeal at 506 Gates St.; commissioners urge better disclosure for property‑line access issues
Summary
After extensive testimony about a long‑standing access corridor and contested legal doctrines (prescriptive easement), the Board of Appeals denied an appeal over a two‑story addition at 506 Gates St., finding department reviews showed code compliance but urging systemic remedies like seller disclosure for property‑line windows/doors.
The San Francisco Board of Appeals on Dec. 10 denied an appeal by Sarah Lang challenging a permit for alterations at 506 Gates St., voting 3–0 to uphold the permit after hearing competing legal and technical arguments about property‑line doors, longstanding use, and whether a court‑level easement claim should block the project.
Why it matters: The case turns on whether long‑used access, windows and a small courtyard constitute an enforceable prescriptive easement or other private right that should prevent a neighbor’s code‑compliant addition. Commissioners and members of the public described the situation as a recurring, citywide source of hardship for owners living adjacent to properties that later build up to parcel lines.
What the board heard: Appellants’ counsel Jeremy Paul argued the enclosure and historic use strongly suggested a prescriptive…
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