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Board grants variance to legalize ground‑floor ADU at 1606 Jones St.

San Francisco Board of Appeals · November 13, 2019
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Summary

After weighing a planning department denial that the unit failed rear‑yard exposure requirements, the Board of Appeals voted 4–0 to overturn the zoning administrator and approve an exposure variance to allow an accessory dwelling unit at 1606 Jones Street.

The San Francisco Board of Appeals voted unanimously on Nov. 13 to overturn the zoning administrator and approve an exposure variance for a ground‑floor accessory dwelling unit at 1606 Jones Street.

Planning staff told the board the unit had been constructed without approved plans and that the zoning administrator found the project failed the rear‑yard exposure requirement in the planning code. "The work there is completely unpermitted," planning staff said when summarizing materials submitted since the prior hearing.

Appellant counsel Jeremy Paul said the renovation achieved a full seismic upgrade and a sprinkler system that legalized habitable space and argued the ADU would provide an affordable rental option for an identified prospective tenant. Paul said the additional glazing and improvements made the space brighter than what the minimum standard would require.

Commissioners debated whether granting a variance would reward unpermitted work or serve the city’s housing goals. After reviewing draft findings submitted by the appellant and following board discussion, Commissioner Rachel Tanner moved to grant the appeal and approve the variance "on the basis that the unit meets the spirit of the ADU legislation." The motion carried 4–0.

The board's action overturns the zoning administrator's denial and authorizes the variance under planning code findings adopted at the hearing.