McNiven

BACKGROUND

In 2016, the Dreyfuses purchased a property on Hawthorne Terrace (the home). The home is on the corner of Hawthorne Terrace and Vine Street and shares a yard and patio with McNiven’s home; McNiven and the home’s

1 former owner promised to make no material alterations to the shared lawn and patio, a covenant that runs with the land. The home was in bad shape when the Dreyfuses purchased it, and they planned a remodel. In April 2017, they applied for a building permit to remove the den, expand the kitchen, add a family room, and remodel a second-floor bathroom. The City sought additional documents and revisions before ministerially issuing a permit in September. In November, the Dreyfuses submitted revisions, adding new windows and doors. The City questioned the revised plans because they showed Vine Street as the lot’s front. The City stated that a corner lot’s front was the narrower of the two intersecting lot lines, so it believed Hawthorne was the lot’s front and noted the Berkeley Municipal Code thus required a 20-foot setback. The City asked if the Dreyfuses planned construction in the required setback. If so, the Berkeley Municipal Code mandated window and door…