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Board grants limited roof‑deck relief at 68 Richardson but requires recorded restrictions

San Francisco Board of Appeals · October 18, 2017
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Summary

The Board of Appeals granted an appeal related to 68 Richardson Avenue on Oct. 18, 2017, approving the sponsor’s reduced deck footprint as shown in submitted Exhibit G while requiring a Notice of Special Restrictions that forbids a hot tub or fire pit and prohibits future expansion; the Zoning Administrator will approve the NSR language.

The San Francisco Board of Appeals on Oct. 18 granted relief for a contested Richardson Avenue project but attached conditions intended to protect neighbors’ light, air and privacy.

Ryan Patterson, speaking for section‑14 party Carmen Zell and adjacent neighbors, urged the board to respect the Planning Commission’s discretionary review outcome, which had removed a roof deck and preserved an existing corner notch to protect neighboring properties. The Planning Commission had concluded that exceptional circumstances stemming from lot configuration justified those conditions.

Vice President Frank Fung moved to grant the appeal with plans to follow Exhibit G (the sponsor’s revised, reduced deck footprint) and to require recording a Notice of Special Restrictions (NSR) that forbids a hot tub and a fire pit on the deck and forbids expansion of the deck; the motion included a provision that the Zoning Administrator approve the NSR language prior to recordation. "We will require a recording of a notice of special restrictions that prohibits a hot tub or a fire pit from being placed on the deck and also prohibits the expansion of the deck," the board recorded in its motion.

Planning staff and the architect explained the project had undergone multiple revisions and re‑noticed mailings to address height and plan clarifications; DBI acknowledged some work had begun prematurely and instructed the sponsors to stop areas not yet permitted. The board’s action recognizes the sponsor’s reduced deck but adds the restrictions as a recorded condition to limit future intensification of rooftop uses.

The vote was unanimous, 4–0. The Zoning Administrator will review and approve NSR language for recordation to be attached to the permit.