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Board grants appeal on deck/stair permit at 1477 Ninth Avenue, requires planter, guardrail and noncombustible materials
Summary
The Board of Appeals granted an appeal filed by a neighbor of a permit for a deck and stairs at 1477 Ninth Avenue and approved a revised set of plans with conditions: a built‑in planter approximately 3 feet deep along the deck, a minimum 42‑inch guardrail, and noncombustible deck and stair materials.
The San Francisco Board of Appeals on May 21 granted an appeal challenging an alteration permit for a rear deck and stairs at a property identified in the hearing as 1477 Ninth Avenue, and issued the permit with specific conditions intended to address privacy, fire and safety concerns.
Appellant Jean Dara told the board the permit holders had ‘‘refused to compromise’’ and that the unpermitted deck and stairs posed privacy and fire‑safety problems that adversely affected light, air and privacy for the neighboring property. Dara asked the board to review the permit application ‘‘not with an eye toward preserving this unlawful structure, but instead in accordance with the design guidelines.’’
Counsel for the permit holders, Laura Strazzo, presented revised plans and said the owners had converted the deck and stairs to noncombustible materials, added a planter at the property line and retained the size of the deck while attempting to balance egress and safety requirements for young children. Planning staff and DBI also reviewed the latest plans: Planning recommended a built‑in planter of roughly 3 feet in depth along the deck and described how that approach aligned with the residential design guidelines for privacy; DBI staff explained guardrail and code requirements and said, as drawn with the revisions, the permit could be approved.
After discussion the board adopted a motion to grant the appeal and issue the permit on the condition that the permit holder submit revised plans (plans referenced in the hearing dated 05/05/2025) that incorporate the following elements:
- A permanent built‑in planter approximately 3 feet wide (depth) running the length of the deck from the house to within about 38 inches of the stairs, with a suggested planter height of about 18 inches; - A 42‑inch‑high guardrail at the deck edge and down the stairs; DBI advised that the guardrail can be glass/transparent or a metal frame with cable/wire elements so as to preserve light and views while providing fall protection; - Noncombustible materials for the deck and stairs (applicant stated they had already proposed such materials in revised plans).
DBI clarified that if a guardrail is provided the planter may be shallower and the guardrail provides the fall protection, and that certain heavy options such as poured‑in‑place concrete decks may trigger additional structural reviews. The board specified the guardrail and planter dimensions in its motion to make the safety and privacy requirements explicit.
The motion to grant the appeal and issue the permit was moved by Commissioner Rick Swig and carried unanimously, 5–0. The board instructed DBI to process the revised plans and confirm code compliance during plan review.
Speakers quoted in this article are drawn from the Board of Appeals hearing transcript for May 21, 2025.
