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Board of Appeals overturns zoning administrator, issues narrow rear-yard variance for 3929 17th Street
Summary
The Board of Appeals voted 3–0 Jan. 14 to grant a rear-yard variance for 3929 17th Street, adopting narrowly framed findings emphasizing safety benefits and limiting precedent. The board directed findings be limited in scope to avoid creating a negative precedent.
The San Francisco Board of Appeals on Jan. 14 granted an appeal and issued a rear-yard variance for 3929 17th Street, reversing the zoning administrator’s prior denial and adopting draft findings intended to limit precedent.
The board’s action followed a Dec. 17 hearing and a set of draft findings prepared by the appellant and city staff. President John Trezvino and Commissioners Rebecca Saroyan and Robin Abad voted 3–0 to adopt the findings and issue the variance. Commissioner Saroyan moved to approve the variance "as amended and presented" and the board accepted language to overturn the zoning administrator and issue the variance conditioned on those findings.
Deputy City Attorney Jesse Minordi and planning staff reviewed the narrow basis for the findings, which focus on the immediate safety rationale for the stair connecting a second-floor deck to the rear yard. The board said it intended the reasoning to be limited and not to create a broad precedent for other rear-yard variances.
The variance resolves whether a rear exterior stair—proposed to be located entirely within the required rear yard under planning code requirements—could be permitted when the existing building already encroaches into the required rear-yard depth. The board recorded its action as adopting the findings and granting the variance.
The board did not take further action on related items and moved to the next agenda matter.
