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Board upholds Mount Olympus fence variance by default after 2-2 tie on appeal
Summary
The Board of Appeals drew a 2-2 split on an appeal challenging a variance that legalized a rear-yard fence at 272 Upper Terrace; because the city charter requires four votes to overturn a department decision, the zoning administrator's variance stood by default.
The San Francisco Board of Appeals on Feb. 5 heard a lengthy appeal over a rear-yard fence at 272 Upper Terrace adjacent to Mount Olympus Monument Park and, after extended testimony from neighbors and the property owners, deadlocked on a motion to overturn the zoning administrator's variance. Because the city charter requires four of five votes to overturn a departmental action, the variance remains in place by default.
Appellant Jerry Weiss, representing about two dozen neighbors, framed the case as preservation of a unique pedestrian open space and said the zoning administrator erred by not…
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