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Board upholds zoning administrator: Dolores Street rear‑yard variance denied amid neighbor opposition
Summary
After an extended hearing about whether a rear structure had been demolished or salvaged, the Board of Appeals upheld the zoning administrator's denial of a rear‑yard variance at 1266 Dolores Street by a 5–0 vote, citing demolition and public‑welfare concerns.
The San Francisco Board of Appeals unanimously upheld the zoning administrator’s denial of a rear‑yard variance for 1266 Dolores Street, concluding that the rear nonconforming structure had been effectively taken down and therefore could not be restored without complying with current code.
The zoning administrator told the board the project’s rear portion had been demolished or removed beyond what the code allows for preservation of a noncompliant structure; planning found that the property owner had not met the criteria for a variance and that reconstruction of a voluntarily removed noncompliant structure must comply fully with current code. Counsel for the project sponsor argued that structural elements and some original materials were retained, that replacements were necessary for fire and seismic safety and that the project improved conditions for some neighbors.
Neighbors described substantial loss of light, privacy and potential property‑value impacts. The project sponsor and builder said the replacement walls include 1‑hour exterior wall assembly, sprinklers and seismic upgrades; a fire‑protection expert told the board those measures reduce neighborhood fire risk. After deliberation the board concluded the denial should be upheld and voted 5–0 to sustain the zoning administrator’s action.
