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Board of Appeals grants variance for 1715 Alabama Street after amended findings

San Francisco Board of Appeals · December 5, 2018
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Summary

The San Francisco Board of Appeals on Dec. 5, 2018 granted an appeal by homeowners at 1715 Alabama St., adopting the zoning administrator’s findings with two amendments (reference to revised plans dated Nov. 7, 2018 and correction that residents have occupied the property 13 years). The board voted 4–0 to overturn the zoning administrator’s denial and approve the variance under Planning Code §305C.

The San Francisco Board of Appeals granted an appeal and overturned the zoning administrator’s denial for a variance at 1715 Alabama Street, adopting draft findings with two record corrections.

Brett Gladstone, counsel for the property owners, said the parties accept the zoning administrator’s draft findings but asked the board to (1) specify in the findings the plans approved at the prior hearing (revised plans dated Nov. 7, 2018) and (2) correct the identified length of residence for the occupants to 13 years. Scott Sanchez of the Planning Department told the board staff supported those two clarifications and noted the department had held full hearings and provided draft findings for the board’s consideration.

A neighbor, Victoria Chavin of 1709 Alabama Street, spoke in opposition, saying the proposed changes would reduce sunlight and could threaten her property’s foundation and quality of life. Commissioners discussed those neighborhood concerns but focused their action on whether the five required findings for a rear-yard variance under Planning Code §305C were met by the draft findings and the revised plans.

Commissioner Anne Lazarus moved to grant the appeal and adopt the zoning administrator’s draft findings with the two amendments described on the record. Commissioners Daryl Honda, Rachel Tanner and Vice President Rick Swigg voted Aye; the motion carried 4–0 and the board ordered the amended findings adopted, thereby overturning the earlier denial and approving the variance for the project at 1715 Alabama Street.

The board’s action adopts the written findings as the basis for the variance; any questions about building permits or future appeals will depend on subsequent ministerial permits and possible review rights tied to those permits.