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Board upholds Planning Department denial of rear-yard variance on Cortland Avenue
Summary
The Board of Appeals rejected an appeal seeking a rear-yard variance for 408–412 Cortland Avenue, finding the applicant did not meet the five required variance findings. The board voted 4–0 to uphold the zoning administrator's denial after testimony from engineers and significant neighborhood opposition.
The San Francisco Board of Appeals on a 4–0 vote upheld the Planning Department’s denial of a rear-yard variance for 408–412 Cortland Avenue, rejecting the appellant’s arguments about exceptional topography and hardship.
Appellant Thomas Havel and engineers called by the applicant testified about steep block topography, elevation differentials and prior seismic upgrades, arguing these site constraints create exceptional circumstances. Civil engineer Peter Becky described several feet to double-digit elevation changes across adjacent lots; structural engineer Rodrigo Santos warned that removing existing interconnecting structures would weaken previous seismic work.
Zoning Administrator Corey Teague told the board the lot is a typical 25-by-100-foot parcel in the Cortland Avenue neighborhood commercial district and said the proposed vertical addition would be inconsistent with design guidelines and the low-scale character of the block. Teague concluded the project did not meet the five findings required for a variance and recommended upholding the denial.
Neighbors submitted letters and several spoke at the hearing opposing the proposal, citing neighborhood scale, light and air, privacy and safety issues. After deliberation, Commissioner Anne Lazarus moved to deny the appeal and uphold the zoning administrator’s decision; Commissioners Lopez, Chang and Vice President Rick Swig supported the motion and it carried 4–0.
