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Board denies neighbors’ appeal; affirms zoning administrator’s modified variance at 898 North Pointe
Summary
After extended testimony about a 1970 variance condition that previously reserved open space, the Board of Appeals denied the appeal from 3030 Larkin owners and affirmed the Zoning Administrator’s decision to modify a condition so Waterfront Management LLC may proceed with a mixed‑use project, finding the ZA’s five findings were supported.
The Board of Appeals denied an appeal by owners of 3030 Larkin Street challenging a modified variance affecting an adjacent parcel at 898 North Pointe.
Appellant counsel Steve Williams argued the 1970 variance and the associated notice of restriction (NSR) had been relied on by successive owners and that Waterfront Management had constructive notice of the restriction when it purchased the parcel. Williams told the board the variance condition effectively preserved open space "in perpetuity" and that the modified decision, which the Zoning Administrator authorized, improperly used parking as a hardship basis and failed to analyze light and air impacts to specific lower units.
Representing Waterfront, architect Jeremy Schaub and owner Therese Hu said the property’s recorded conditions and site maps were complex, the owner acted in good faith after the NSR was discovered during subdivision mapping, and the revised project preserves usable yard and otherwise complies with current planning controls; they also presented letters of neighborhood support. Zoning Administrator Corey Teague explained staff determined the modified condition met the five variance findings, and that the requested revision would not increase density or exacerbate the variances on the neighboring Larkin property.
After hearing from both sides and from multiple neighbors about loss of light and air for specific units, the board voted to deny the appeal and affirm the ZA’s modified variance decision.
Quote: "The variance decision letter is actually more detailed and lengthier than a typical variance decision, precisely for this reason," Zoning Administrator Corey Teague said, describing the department’s review of the complex record.
