Features

Zoning Board Preview

By Riya Bhattacharjee
Tuesday June 12, 2007

The Zoning Adjustments Board (ZAB) will once again hear the appeal of an administrative use permit for a residential addition to 2008 Virginia St. 

The meeting will be held at 7 p.m. Wednesday at Old City Hall, 2134 Martin Luther King Jr. Way. 

Lorin Hill of Oakland, the project architect and applicant, had requested the permit to construct a 1,434-square-foot addition, raising the house approximately six feet to create habitable space on the ground level and expanding the footprint of the building to create a two-story west wing. 

A group of neighbors had appealed the permit, voicing concerns that the additional height would block air and light. On Jan. 25, ZAB members had asked the applicant to put up story poles at the site of the building so that ZAB and neighbors could get a better visual representation of the project. 

At the May 24 ZAB meeting, Hallie Frazer, appellant and resident of 1711B Milvia St., described the proposed project as being inconsistent with the neighborhood pattern of development. 

“The extension is too big for the neighborhood,” she argued. “Since our lots are of a substandard size, this open area has provided us with a bit of free space. It has invited community activism and helped us meet each other.” 

Rosemary Dady, another appellant who owns a duplex at 2004 and 2006 Virginia St., said that the proposed project would block the view from her upstairs window. 

“When a neighboring house is expanded, why should neighbors have to take all the detriment of the expansion?” she asked. “The applicant is thrusting six feet into the way of sunlight. The project will be looming over my property. In the end, their gain is our loss.” 

Josie Gallup, an appellant, informed board members that in addition to the loss of light, the project was too dense. 

“It’s twice as dense as the average size property in the neighborhood,” she said. “The open space in our backyard gives us a chance to enjoy the lush green garden feeling. We are concerned about the two-story addition intruding upon our privacy and our old fashioned country garden.” 

Bill Berland, the applicant’s lawyer, defended his client’s position and in a letter to ZAB said that the “neighbors were being unreasonable.” 

“The size of the shell of applicant’s building is well within the size and character of the neighborhood,” his letter stated. “I believe that there is a three- to four-story apartment building nearby, a three-story building to the south and some two to three story buildings on two lots behind the applicant’s property ... The neighbors insist on trying to force-feed applicants with an unacceptable and unappealing remodeling plan. It may suit the neighbors’ tastes and desires, but not those of the applicants.” 

Berland added that his clients Jacqueline Poitier and David Bunnell—who live in the house—were proposing the addition to create space to take care of their grandchildren. 

Majority of the board members were concerned about the significant visual and aesthetic impacts on the views and privacy of the neighbors that the addition would cause. 

“It’s out of scale with the neighborhood and the type of development that is allowed in the zoning district,” said board member Jesse Arreguin, who asked the applicant if he was willing to explore a compromise proposition put forward by the appellants. 

The applicant dismissed the compromise proposition to move the addition on the north side of the property instead of the backyard. 

Board member Michael Alvarez Cohen said that the proposed construction of the massive block would “change the character of the entire neighborhood.” 

Staff recommends denying the appeal and upholding the zoning officer's decision to approve the project with minor modifications. 

 

Other items 

• ZAB will hear a request for a use permit by Sunny Grewal of Studio G+S Architects, to remove an existing, detached garage, construct an attached garage and expand the floor area of an existing four-unit building at 1300 Monterey Ave. 

A group of neighbors have problems with the height, density, compatibility with neighborhood scale and character and parking space in the rear yard.  

Board members have decided to hold a public hearing to hear from the applicant as well as area residents. 

“It makes more sense to have the parties talk over it first,” said board vice president Rick Judd at the meeting. “You should try to work for an agreement you can live with rather than turn it over to us to work out.” 

Staff recommends approval. 

• Appellants Alan and Shelley Altura of Berkeley are scheduled to appeal the administrative use permit to construct a residential addition at 921 Ensenada Ave., by expanding the footprint of the building by 450 square feet, and by constructing a 1,084-square-foot partial second story, setback approximately 15 feet from the front of the house, with an average height of 24 feet. 

Staff recommends denying the appeal. 

• Shawn Smith, architect with Berkeley-based Fargo Farnesi, is scheduled to request a use permit to partially demolish a 1,369-square-foot duplex at 2746 Garber St. and consolidate it into a single unit, and reconstruct a two-story unit at the rear of the building. 

Staff recommends approval. 

• Rena Rickles of Oakland is scheduled to request a use permit to allow a carry-out food service in a new retail food market at 2312 Telegraph Ave. Staff recommends approval.