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Board continues El Camino Del Mar height dispute to June 19 for planning department recalculation

San Francisco Board of Appeals · May 22, 2013
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Summary

After appellants raised inconsistencies in permit drawings and height calculations for a four‑story addition at 865 El Camino Del Mar, the Board continued the matter to June 19 to allow Planning staff to recalculate building height and exchange two‑page briefs.

The Board continued without decision an appeal concerning the height of a proposed fourth‑story addition at 865 El Camino Del Mar (corner of 30 Second Avenue). Appellant Chin Hui's counsel and architect Sam Kwan raised technical objections to the permit set, including an overlay demonstration showing sheet 3.3 of the submittal may not be drawn to scale and that the applicant’s height calculations should use the centerline of the building and averaged grade points. The appellant urged that those discrepancies could mean the project exceeds the 35‑foot height limit.

Planning staff, the permit holder's counsel Ellen Barclay and the project architect disputed some aspects of the overlay but agreed that clarification was warranted. Planning noted that under Planning Code §102.12 a corner lot owner may choose the street frontage from which to measure height, which can affect compliance because the two frontages sit at different elevations; staff indicated that measuring from 30 Second Avenue (a higher street) would likely result in compliance.

Because the staff planner who processed the file and other key staff were unavailable immediately, the Board set a continued hearing date of June 19, 2013, limited the issue on remand to the single matter of height calculation, and allowed two‑page simultaneous briefs and supporting exhibits to be filed no later than the Thursday before the continued hearing. The Board instructed parties not to introduce new issues and limited oral argument time at the continued hearing.