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Board upholds rear-yard variance for 48 Newton despite appellant’s objections
Summary
The Board of Appeals voted 4–1 Oct. 20 to uphold a rear-yard variance at 48 Newton St., concluding planning staff met required findings and that the record did not support overturning the zoning administrator’s decision.
The San Francisco Board of Appeals on Oct. 20 voted 4–1 to uphold a rear-yard variance allowing a second-story cantilever at 48 Newton St.
Appellant Anne Kenny argued the hardship was created by the property owner and that the permit holder used improper measurements and notices. Contractor Michael McGee and Planning Department staffer Kate Connor presented site photos, a 1990 plan set and field observations. Planning staff said the illegal work occurred on the second story and that the variance applied to the second-story cantilever, not the ground‑floor wall. Commissioners debated whether the variance hinged on an inaccurate original datum for the rear wall line and discussed the city’s administrative “5% rule.”
Commissioner Fung moved to uphold the variance on the ground that the zoning administrator had met the required findings and did not abuse discretion; the motion carried 4–1. The board’s decision relied primarily on Planning’s submission and the conclusion that the variance fell within allowable limits under the administrative tolerance.
Why it matters: The board’s decision legalizes the second-story work by sustaining the variance, despite the appellant’s claim that the owner created the hardship by constructing without permits.
What’s next: The board concluded the matter at the hearing; no further briefing was requested publicly.
