Board upholds zoning administrator on Alpine Terrace height determination, 4–1

The Board of Appeals on Feb. 11 upheld a zoning administrator letter of determination allowing a 40‑foot height at 109 Alpine Terrace, rejecting neighbor claims that the applicable measurement point should reflect a lower 'natural grade' and reduce the allowed height to 35 feet.

Neighbors and neighborhood advocates argued the applicant had used retaining walls, stairways and light wells to create an artificial grade that concealed a more than 20‑foot differential between the front and natural rear grade, invoking planning code provisions intended to limit the height of downslope lots where grade differentials are substantial. "To build retaining walls to bring in a differential to under 20 feet is simply a means of going around this rule," said one appellant representative.

The permit holder provided survey evidence and a cross‑section showing a rear property‑line elevation that, when measured at the property line (the point the zoning administrator used), produced a differential slightly under 20 feet; planning staff and the zoning administrator supported that measurement method. Planning staff also presented contour and historical photos showing the block has been graded and argued measurements tied to the street grid appropriately reflect intent of the general plan urban‑design element.

After hearing survey testimony, photographs, and public comment, the board voted 4‑1 to uphold the zoning administrator's determination; one commissioner voted to overturn. The decision affirms the zoning administrator’s methodology for determining allowable height at the property line in this case; commissioners noted alternative remedies (planning commission review for neighborhood character) remain available.