NOV, Notice Of Violation, Clients

 NOV Client #2

Neighbor filed an NOV, Notice of Violation, for a deck railing. 

I got a permit over the counter to replace the existing railing in-kind, and applied for a revision to this permit, to add a 4th railing, that SF Planning supported.

There was no deck, only a deck, but the neighbor interpreted the railing as a possible future deck, so they filed a DR (Discretionary Review), which calls for a public hearing before the Planning Commission, to block both the deck and the 4th railing.

My client and the neighbor did not get along, with the neighbor filing a restraining order at one point. 

Both properties had inherited legal existing non-complying buildings, that put the uses of the two properties right at the property line, and in conflict with one another when one or the other wanted to enjoy their respective properties.

I avoided the personal acrimony between the two parties, and eventually was able to get the neighbor to withdraw the DR. 

My Owner originally only wanted a safety railing, but during a pre-DR (Discretionary Review) hearing meeting, the City Architect offered a solution, where my Owner would agree to a buffer between the two properties, by agreeing to not build on one part of the deck, at the property line, while gaining a new deck away from the property line of the neighbor who had filed the DR. When the neighbor relocated to another city, and sold the property, and secured a permit for the original offer by the City Architect for a deck and a deck buffer, and it is built as you see in the photos.