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Board grants variance for 1222 Funston but requires owner to file NSR to block future decks
Summary
The San Francisco Board of Appeals granted variances for a new four‑story home at 1222 Funston Avenue but conditioned the approval on a notice restriction (NSR) to prevent addition of decks, after neighbors raised shadow and privacy concerns and Planning and the permit holder described revisions and a preliminary shadow analysis.
The San Francisco Board of Appeals on a 3–1 vote granted appeal No. 20‑061 and upheld a revised variance for a proposed four‑story single‑family residence at 1222 Funston Avenue, conditioning approval on a filing of a notice restriction (NSR) barring future decks on the property.
Planning Department Deputy Zoning Administrator Scott Sanchez told the board he and the zoning administrator re‑reviewed the project after the prior hearing and required modifications aimed at reducing impacts on adjacent properties. Sanchez said the project was re‑noticed and approved by the Planning Commission with those revisions.
The permit holder’s architect, Toby Morris of Kermit Morris Architects, presented two development options: keep the existing cottage and seek front‑setback and rear‑yard relief (the path chosen) or demolish the cottage to build a code‑compliant two‑unit structure. Morris said the proposed primary house would provide about 3,000 square feet of habitable area plus 374 square feet of garage/mechanical space and retain an 815‑square‑foot cottage for a combined footprint of roughly 4,150 square feet. He supplied a preliminary shadow analysis that showed added net shadow during spring and fall afternoons (approximately 2:30–5:00 p.m.).
Appellant Rose Fang and nearby residents raised concerns about lost sunlight and privacy. Fang presented the permit‑holder’s shadow diagrams and said the plan would reduce available sunlight to the neighboring façade and yard during spring and fall; she said she could obtain a formal shadow study by Dec. 11. A neighbor, who lives at 1216 Funston, urged downsizing and said the proposal appeared bulky for the block face.
Vice President Honda moved to grant the appeal and issue the requested variances on the condition that the property owner file an NSR preventing the addition of any decks; Commissioners Santacana and Swigg voted with Honda, while President Lazarus dissented. The board and staff discussed how an NSR would operate in practice: Sanchez and staff explained that lift or removal of that condition would require return to the body that imposed it (the Board of Appeals) and that future permit filings would still be reviewed by Planning and possibly require additional approvals.
The decision leaves in place the variances subject to the NSR condition. Sanchez said the NSR gives the zoning administrator discretion to require further review should the owner later seek work that would intensify the building. The board did not require an immediate, full shadow study as a precondition of the variance; the architect said the permit holder had provided a preliminary analysis and would answer follow‑up questions as needed.
The appeal was resolved during this hearing; the board moved on to other items after the vote.
