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Appeal over third‑floor addition at 611 Buena Vista West falls short of override; permit upheld by default
Summary
Neighbors challenged a planned third‑floor addition at 611 Buena Vista West, arguing a 2002 site‑plan error and prior neighborhood agreements; the board voted 3–2 to grant the appeal with further setbacks, but the City Charter requires 4 of 5 votes to overturn DBI actions, so the permit stands as issued.
Neighbors and an appellant attorney pressed the Board of Appeals on May 15 over a proposed third‑floor vertical addition at 611 Buena Vista West, arguing the Planning Commission had employed an incorrect site plan a decade earlier and that the proposed addition would harm views, privacy and light.
Matt Leffers, who lives at 601 Buena Vista West, and his attorney said a new survey showed adjacent buildings sit differently than the project's site plan indicated and that the Planning Commission's earlier discretionary review relied on the wrong dimensions. "Our house at 601 Buena Vista West had been moved up almost 4 feet," he said, urging the board to deny the permit or require an additional four‑foot setback.
The project sponsor's counsel and architect told the board the owner had substantially reduced the scale of the addition, cut windows, added shading louvers and agreed to a three‑foot setback through the design review process. Planning staff said the project complies with code and noted discretionary review resulted in a three‑foot additional setback at the time.
Commissioner Fung moved to grant the appeal and impose additional front and rear setbacks; that motion carried 3–2. However, the City Charter requires four votes of the five members to overturn or modify a department's action; absent that supermajority the departmental action remains in effect. The board therefore left the permit in place as issued.
What happens next: With no successful motion to change the permit and the charter threshold unmet, the permit remains active. Neighbors may pursue rehearing procedures or Planning remedies, and the applicant has indicated prior outreach and some concessions during the design process.
