Board overturns Planning denial and allows as-built renovation to remain, citing homeowner hardship

The Board of Appeals on Nov. 4, 2009 voted 5–0 to overturn the Planning Department’s denial and allow as-built conditions for a renovation at the property listed in the record as 72720 Seventh Street.

Applicant Jill Antoine told the Board she hired contractors to renovate a small home after purchasing it and that multiple contractors failed to complete the work, leaving the project unfinished and putting her construction loan and ownership at risk. Tony Kim, a land-use planner representing Antoine, said the contested elements — including a roughly 30–35 square-foot second-floor infill and changes to bay-window geometry — were minor deviations from approved plans and did not require a variance; the Planning Department objected primarily because the lower-level notch that had been shown as open was filled in.

Scott Sanchez of the Planning Department explained the department’s finding that the as-built notch did not comply with the residential design guidelines and recommended a 5-foot setback to restore that openness. Neighbors and several nearby property owners testified in support of Antoine, describing her outreach, neighborhood meeting and the improvement to the block. Several neighbors emphasized the homeowner’s financial hardship and the risk of foreclosure.

Commissioners weighed the limited degree of deviation against the applicant’s hardship and the documented neighborhood support; the Board found the as-built condition provided privacy to an adjacent neighbor and concluded reversal of the Planning denial was appropriate. Commissioner Garcia moved to overrule the denial with that finding; the motion passed 5–0.

Outcome: Planning Department denial overturned; as-built condition permitted to remain. The Board noted the building complied with applicable codes and described the action as an equitable remedy to avoid likely home loss for the owner.