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Board grants variance to Oliva family at 230 Rhine Street, directs findings to limit use to single-family configuration

San Francisco Board of Appeals · February 6, 2008
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Summary

Facing overcrowding and health concerns, the Oliva family won a variance to legalize a rear structure at 230 Rhine Street. The board voted 4-0 to overrule the zoning administrator’s denial in principle and to draft findings later; commissioners required a limitation to a single kitchen on the site.

The San Francisco Board of Appeals voted 4–0 to overrule the zoning administrator’s denial and grant a rear-yard variance to the Oliva family at 230 Rhine Street, subject to written findings to be prepared for later adoption and a condition restricting the property to a single kitchen.

The family described crowded living conditions and health concerns; daughter Diana Oliva said the remodeled rear structure provided essential living and study space for her siblings and elderly parents. "We're 4 daughters...this is a home," Diana Oliva told the board, urging consideration of the household’s needs.

Planning staff explained the zoning administrator concluded the application failed to meet two of five variance findings — in particular, that the owners had created their own hardship by doing work without permits and that there were no exceptional circumstances. Commissioners nonetheless expressed sympathy for the family's circumstances, including financial hardship and the city’s affordable-housing shortage, and said a restricted variance could avoid displacing the family.

The board voted to grant the variance in principle and directed staff to draft findings that would justify the decision, including a condition that the parcel maintain only one kitchen to keep the site classified as single-family in use.