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Board upholds zoning administrator; denies variance for third unit at 826–828 Central Avenue
Summary
The Board of Appeals denied an appeal seeking a variance to add a third dwelling unit at 826–828 Central Avenue, finding the applicant did not meet the five statutory variance findings, including exposure and usable open‑space requirements.
The San Francisco Board of Appeals denied an appeal July 18 seeking a variance to add a third dwelling unit at 826–828 Central Avenue.
Appellant counsel argued the proposed 1‑bedroom unit (about 1,050 square feet) would be habitable and that alternative procedures such as creating an accessory dwelling unit (ADU) were not appropriate for the project. Planning Department staff explained that although zoning (H‑3) allows up to three units, a notice of special restrictions limited the property to two units until recently; staff removed that restriction but concluded the proposed third unit still failed to meet the planning code’s exposure and usable open‑space requirements. Planning noted ADU provisions can offer waivers for some requirements but that exposure in this case still required a variance.
After deliberations the board found the applicant had not met the five findings required under Planning Code Section 305(c) and voted to deny the appeal and uphold the zoning administrator’s denial.
