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Board continues rehearing request for 70 Crestline pending city surveyor findings

San Francisco Board of Appeals · August 14, 2013
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Summary

A rehearing request over a revoked permit for 70 Crestline raised new surveyor and covenant documents. The board continued the matter to the call of the chair to await DPW surveyor findings and any appeals to the Board of Supervisors.

The Board of Appeals continued a rehearing request Aug. 14 for a 4-unit project at 70 Crestline Drive after staff disclosed a letter from the city surveyor indicating a building setback line may prohibit construction on the triangular open area at issue.

The rehearing requester’s counsel argued the board’s July 17 decision lacked full development of the facts and pointed to title materials and CC&Rs that the requester said were not available earlier. Opposing neighbors and the Twin Peaks East Side Neighborhood Alliance contended the subdivision map and protective covenants were long-available and supported the board’s earlier decision. Planning Department staff acknowledged a prior error in the hearing record about density and apologized, but said the staff recommendation would have remained the same given concerns about construction in the identified open space.

After receiving a same-week letter from the city surveyor (DPW) advising that a building setback would prevent development in the disputed area, the board voted unanimously to continue the rehearing to the board’s indefinite calendar (call of the chair) while the DPW determination and any appeals to the Board of Supervisors are resolved.

Next steps: The case is continued to the call of the chair pending final DPW surveyor determinations and any appeals; parties may pursue administrative or judicial avenues if the subdivision findings are finalized.