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Board of Appeals denies neighbor's challenge to 1000 Broadway variance in Russian Hill
Summary
The San Francisco Board of Appeals on Sept. 24 denied an appeal by Jonathan Reid and upheld a July variance allowing a multi‑building project at 1000 Broadway, finding planning staff's findings (tree protection, steep slope, historic retaining wall) supported the decision. The vote was 4–0.
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The San Francisco Board of Appeals voted 4–0 on Sept. 24 to deny an appeal of a variance granted for a proposed multi‑building development at 1000 Broadway in Russian Hill.
Appellant Jonathan Reid told the board he supports housing but objected to the elimination of the above‑ground rear yard setback, saying the proposal would allow construction ‘‘right on our property line’’ and would introduce a scale seven times greater than neighboring homes. ‘‘I do support developments of the lot. More housing is good for San Francisco,’’ Reid said, but urged the board to require a 15‑foot minimum rear yard.
Counsel for the project sponsor, John Kevlin of Reuben, Junius & Rose, argued the site poses three exceptional constraints: a conservation‑protected coastal redwood tree, an approximately 30–35% slope, and a historic retaining wall (the Homer Parker retaining wall) that planning staff said must be preserved. Kevlin said the design preserves 42% of the lot above grade as open area and uses below‑grade podiums to reduce the buildings' perceived mass above ground.
Corey Teague, the planning department's zoning administrator, told the board staff reviewed the project's CEQA analysis and determined a new environmental impact report was not required because the current proposal was not sufficiently different from the 2012 analysis; staff instead appended a delta analysis to the administrative record. Teague also explained the project is treated as one lot for code purposes because of common ownership and a common podium across three parcels.
During questioning commissioners pressed parties on density calculations, the timing of entitlements and whether the lot was subdivided before acquisition, and whether the slope and other conditions were truly ‘‘exceptional and extraordinary’’ compared with surrounding properties. Reid emphasized the lot had become smaller and the current proposal increased floor‑area ratio and density versus earlier submittals.
After deliberation Vice President Jose Lopez moved to deny the appeal on the ground that the variance decision met the five required findings under the planning code. President John Trezvino, Commissioner Rebecca Saroyan and Commissioner Rick Swig recorded "Aye," and the motion carried 4–0, upholding the variance and allowing the project to proceed under the terms approved by the zoning administrator.
The decision means the zoning administrator's variance — including the eliminated above‑ground rear yard requirement as specified in record number 2024008190 — remains in effect. The board did not remand the matter to staff for further CEQA review or additional conditions beyond the recorded mitigation measures described in the administrative files.
What's next: The variance remains effective as issued; implementation and any building permits will proceed through the planning and building inspection processes. The board noted parties may continue to coordinate on construction sequencing and site protection measures for the historic retaining wall and the protected tree.
