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Board grants lot-split variances for Newman Street homes with deed restriction
Summary
The board granted variances to split 161 and 165 Newman Street into separate legal lots, overturning the zoning administrator's denial and recording a notice of special restrictions limiting both properties to single-family dwellings and prohibiting future envelope expansion; vote was 4–1.
The San Francisco Board of Appeals voted 4–1 on May 25 to grant variances allowing a proposed lot split at 161 and 165 Newman Street in Bernal Heights and to record a notice of special restrictions (NSR) limiting both resulting parcels to single-family dwellings and forbidding future envelope expansion without a variance.
Appellants Vicky Rideout and Lorraine Anderson told the board the two houses are independent structures with ample light, parking and street frontage and argued the requested lot split would match other local lots. They said condominium conversion is an unsuitable alternative because of higher cost and long timelines.
Scott Sanchez of the Planning Department explained the department had denied the variance because the front structure completed in 1998 maximized the lot's development potential; Planning cited precedent where post-development lot splits were denied. Sanchez also noted differences between this block and prior cases, and that condo conversion remains an available administrative alternative.
During deliberations several commissioners said a recorded NSR limiting future density and envelope expansion would mitigate concerns about creating new development potential. Vice President Michael Garcia moved to overturn the zoning administrator, grant the variances, and record findings and conditions later; the motion passed 4–1. The board will draft formal findings and the NSR will be recorded with the property deeds.
