Board denies variance for 591 Clipper; recommends 30‑month enforcement delay for current owner

The Board of Appeals unanimously denied a variance for a rear accessory structure at 591 Clipper Street, finding the application did not meet the five statutory findings required for variance relief. President Darrell Honda read the motion to deny after hearing planning and building department staff describe a history of complaint and enforcement activity dating to 2018.

Scott Sanchez of the Planning Department told the board the structure appears to have been constructed by a previous owner between 2004 and 2007 and that a 2018 MLS listing described the unit as “unwarranted.” Acting Deputy Director Joe Duffy (DBI) confirmed a building enforcement action and said the structure exceeds code limits for accessory structures — larger than 100 square feet and taller than the allowed 8 feet — and presently contains plumbing and habitable features.

Sahar Dadvan, the current owner, said she bought the home believing the structure to be permitted and described her use of the space during the pandemic. Counsel for the appellants argued for grandfathering and leniency. Commissioners emphasized that full legalization would require either reduction in size and height or relocation of the unit to meet ADU rules, both of which appear infeasible without significant modification.

Although denying the variance, the board voted to recommend that the Planning Department delay enforcement for the current owner for up to 30 months so the household has time to pursue compliance options. President Honda clarified this recommendation is not legally binding on enforcement proceedings but asked staff to relay the board’s direction to the zoning administrator and DBI.

What’s next: The variance was denied on grounds the five findings were not met; the board’s recommendation to delay enforcement for the current owner will be forwarded to Planning and DBI for consideration.