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Board overturns zoning administrator, grants variances for 3665–3669 Eighteenth Street with conditions

Board of Appeals for the City and County of San Francisco · October 7, 2009
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Summary

The Board of Appeals overruled the zoning administrator and granted parking/occupancy variances for 3665–3669 Eighteenth Street, subject to findings and conditions (including permits, electrical survey and roof work) to be adopted later; vote was 4–0.

The Board of Appeals voted 4–0 on Oct. 7 to overturn a zoning administrator denial and grant off‑street parking and related variances for 3665–3669 Eighteenth Street, but attached conditions and findings must be adopted later before the variances become final.

Planning staff told the board the appellant submitted revised plans and that DBI and Planning conducted a site visit. Staff identified outstanding issues — including garbage storage, unpermitted electrical work and an improperly flashed roof deck — and said the revised unit layout and commitments to remediate problems could have led the zoning administrator to grant the variance.

The owner’s counsel and representatives pledged to bring the building into compliance: they said they will obtain an electrical survey and permits for deck/roof repairs, add adequate refuse storage, and alter the apartment layout to meet code. Tenants submitted photos and described water damage and unfinished repairs.

Commissioners said they would condition any variance on the owner’s completing specific repairs and filing permits; they discussed recording a Notice of Special Restriction on the deed so the building permit would not be approved until conditions were met. Commissioner Michael Garcia moved to overturn the zoning administrator and grant the variances with findings and conditions to be prepared for a future adoption; the motion passed 4–0. The board’s action allows the variance in principle but requires the owner to complete the promised work and for findings to be adopted before the relief becomes final.

The board’s file will include conditions tying approval to the filing and completion of required permits and repairs.