Board upholds extension of Fillmore Street variance; neighbors opposed

The Board of Appeals on Oct. 24 upheld a zoning administrator determination extending a 2005 rear-yard variance for a proposed garage at 124—128 Fillmore Street, overruling neighbor appeals and finding the zoning administrator had already made substantial accommodations.

Deborah Stott, a nearby resident, told the board the requested third extension was granted in error because owner delays, a change in building use to group housing, and years of changed neighborhood conditions altered the variance's basis. "I believe Mr. Sanchez acted in error by granting this extension," Stott said, adding concerns about noise, proximity (the garage would be as close as one inch from her house), and structural effects on older foundations.

The property owner, David Nail, and counsel argued that repeated neighbor appeals and city processing delays prevented completion, and that the planning commission and subsequent approvals had validated aspects of the project. Counsel Brett Gladstone also cited vested-rights and reasonable reliance on earlier approvals as grounds for an extension.

Planning Department staff outlined the complicated permit history, including multiple permit submittals and appeals, and said the department had accounted for delays when granting prior extensions. The board noted the ZA had previously granted accommodations and concluded the extension was appropriate in this instance.

Board action: Vice President Fung moved to uphold the zoning administrator's letter of determination extending the variance deadline (finding the ZA had already made significant accommodations); the motion passed 3-0.

Next steps: The zoning administrator's determination stands; parties retain any statutory appeals available under the planning code.