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Commission grants discretionary review, approves exterior stair with taller privacy wall at 1150 Gilman
Summary
The Planning Commission on April 17 approved a legalization of an exterior rear stair at 1150 Gilman but required a taller privacy wall along the stair to reduce visibility into the adjacent property’s yard.
The Planning Commission on April 17 took discretionary review of a neighbor objection and approved a project at 1150 Gilman Street to legalize a rear exterior stair that provides access to a downstairs unit. The commission approved the project with a modification: a taller privacy wall alongside the stair to reduce visibility into the adjacent property’s backyard.
Background and dispute: The property owner’s architect said the legalizing work is needed to provide safe, code‑compliant access to an existing unit and that interior relocation of the stair was structurally or financially infeasible. The immediate neighbor (1154 Gilman) objected, citing a shared fence, concerns about loss of privacy from people using the exterior stair, and an alleged site‑visit where the architect measured the neighbor’s yard without explicit consent.
Commission action and rationale: Planning staff noted a single‑story exterior stair in a side yard is common and typically code‑compliant, and staff did not identify exceptional circumstances that would require denial. Commissioners balanced the neighbor’s privacy concerns with the sponsor’s constraint and supported a practical mitigation: the applicant agreed to a higher, fire‑rated privacy wall on the stair side (above the standard 42‑inch railing) that would limit sight lines into the neighbor’s yard. The commission voted unanimously (6–0) to take discretionary review and approve the project as modified.
Implementation and follow‑up: Building permits and any required plan checks remain subject to Department of Building Inspection review (including firewall and structural details). The parties were advised that property‑line questions or alleged encroachments are private civil matters and not resolved by the commission; neighbors may pursue survey or private legal remedies if needed.
Speakers in the hearing record included the neighbor requester, project architect Patrick Mora, Planning Department staff architect David Winslow and family members who described the neighborhood and welfare impacts; commission deliberation focused on privacy mitigation rather than denying the stair.
