In a recent San Francisco government meeting, the Planning Commission addressed a contentious proposal to legalize a rooftop deck at a residential building on Fillmore Street. The deck, which has been in place since at least 2004, has sparked significant debate among residents, particularly between the owners of the unit with the deck and the resident directly below, who has raised concerns about leaks and structural safety.

The resident, Loren Simon, argued that the deck was unpermitted and has caused damage to his unit due to leaks. He presented reports from two licensed inspectors who questioned the structural integrity of the roof and recommended its removal for necessary repairs. Simon emphasized that the hatch covering the fire escape posed a safety risk, potentially endangering firefighters in an emergency.

In contrast, the owners of the unit with the deck, Ty Brabeck and Nancy Golsan, defended the legality of the structure, stating it was included in the original building plans and has been maintained for years. They argued that the deck is safe and that the ongoing disputes should be resolved through civil litigation rather than through the Planning Commission.

The commission ultimately sided with the project sponsors, citing a lack of extraordinary circumstances that would warrant denying the permit. They noted that the deck is designated as an exclusive use area for the unit and that the issues raised by Simon were more appropriate for resolution in court. The commission voted unanimously to approve the legalization of the deck, allowing the owners to move forward with their plans.

This decision highlights ongoing tensions within the building's homeowners association and raises questions about property rights and safety in shared residential spaces. As the situation develops, residents will be watching closely to see how these disputes unfold and what implications they may have for community relations in the future.