Hearing officer denies rear-deck exception in El Granada, citing privacy concerns for neighbor

Zoning hearing officer Joe LeClaire denied a home improvement exception on April 17 for a proposed elevated rear deck at 545 Alta Avenue in El Granada (county file PLN2024-00247). Project planner Randall Cohen recommended denial after a review that found the 380-square-foot deck would encroach eight feet into the 20-foot rear yard setback and, because of the lot slope, be elevated roughly 11½ feet above grade for much of its area.

Cohen told the hearing that the county received a neighbor objection and a request for a public hearing from the rear‑yard neighbor at 548 Hermosa Avenue. The appellant said the proposed deck would compromise privacy by allowing direct views into the appellant’s backyard and primary bedroom. The staff report and Cohen’s presentation concluded the reduced setback and elevated design would make it possible to look down into neighboring properties and the adjacent bedroom, in conflict with Chapter 28.1 design-review privacy standards and the county’s home-improvement-exception findings.

Supporters and the applicant argued the work addresses life‑safety and deteriorated stairs and that the addition would not increase the deck’s height beyond existing conditions. Dan Bowman and Vinod Armagan spoke in support, saying the stairs were rotten and the revised plans would replace unsafe access. Appellant Lisa Ryan, and a representative who spoke on her behalf, said the proposed deck would substantially reduce privacy in her master bedroom and force her to keep blinds closed, eliminating natural light.

LeClaire said the county’s design guidelines place a high value on privacy and that the proposal before him did not adequately meet the privacy standard required for an exception. He noted the possibility of redesigns—screening, plantings, or alternate deck placement—that might achieve the applicant’s safety objectives without undermining neighbor privacy, but said the board cannot redesign projects at the hearing. LeClaire adopted staff’s recommendation and denied the home-improvement-exception request; he said the denial was without prejudice to a redesigned proposal. The decision is appealable to the Planning Commission; appeals must be filed by 5 p.m. on May 1, 2025, with a $1,962 fee.