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Board grants appeal on 245 Eleventh Avenue permit, limits future vertical infill
Summary
After hearing arguments that a light‑court infill was being used to hide expansion for accessory dwelling units, the Board granted the appeal for 245 Eleventh Avenue and imposed a special restriction preventing further vertical infill above the newly approved footprint.
The San Francisco Board of Appeals granted an appeal concerning a building permit to infill an existing light court at 245 Eleventh Avenue and imposed a condition that prohibits future vertical infill above the newly created footprint.
Appellant Albert Tom argued the infill permitted expansion that effectively increased the building envelope and could be combined with separate ADU permits to circumvent the ADU program’s limits; he raised concerns about lost sunlight, drainage, noise from proposed laundry facilities, density and potential impacts on property value. The permit holder’s designer and owner said the ADU permits were filed separately per department guidance, drainage would be code‑compliant, and insulation and modern machines would limit noise.
Planning staff explained the ADU permit had a notation referencing the light‑court infill permit, that notice (Section 311) was provided and that the department reviewed the permits with knowledge of the related filings. DBI confirmed roof drains were shown on the infill plans and that code‑compliant drainage would be required. Commissioners made a motion to grant the appeal but to condition the permit with a recorded special restriction prohibiting any future additional infill above the approved footprint; the motion passed with four affirmative votes.
