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Board upholds zoning administrator’s variance for Post Street deck expansion

San Francisco Board of Appeals · February 20, 2013
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Summary

The Board of Appeals declined to overturn the Planning Department’s grant of rear‑yard variances at 2529–2533 Post Street, finding no abuse of discretion; the motion to deny the appeal carried 3–1.

The San Francisco Board of Appeals voted 3–1 on Feb. 20 to uphold the Zoning Administrator’s grant of rear‑yard variances for a proposed deck and stair reconfiguration at 2529–2533 Post Street.

Appellant counsel argued the variance decision was based on incorrect facts (the variance decision letter contained compass direction errors) and that the applicant failed to meet the high standard required to show exceptional circumstances needed for a variance. Appellants also pressed that adjacent properties do not, in fact, have comparable decks that would justify the requested enlargement into the required rear yard.

The permit holders’ architect and the Planning Department presented site plans, shadow diagrams and a historical review. Planning’s Scott Sanchez told the board that the subject property is a historic building with long precedents and that the proposed deck would provide directly accessible private open space for units, fulfilling planning objectives.

After questioning and rebuttals, several commissioners said they were not persuaded that the zoning administrator had abused discretion or that the variance criteria were unmet. The board voted to deny the appeal and uphold the zoning administrator’s decision. The motion to uphold the variances passed 3–1.