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Commission approves 1150 Gilman exterior stair with added privacy wall after neighbor objections
Summary
After a neighbor requested discretionary review over privacy and an apparent fence dispute, the Planning Commission approved an exterior stair project at 1150 Gilman with a taller privacy wall along the property line, voting unanimously to take discretionary review and approve the modified project.
The Planning Commission on April 17 took discretionary review of a privately initiated request regarding plans for an exterior stair, deck and landing at 1150 Gilman Street and approved the project with a revised privacy wall along the western property line.
Neighbors at 1154 Gilman opposed removal of a shared fence and raised privacy, encroachment and nuisance concerns. In public testimony, the neighbor said the fence had served as a shared boundary for decades and that the proposed stair, if built along the property line, would increase visibility into the nearby windows and yard. The neighbor argued that California Civil Code and nuisance law protect the right to enjoyment of property.
Project architect Patrick Mora said the sponsor is legalizing a ground‑floor unit and needs exterior access. He said interior reconfiguration to locate the stair inside would be structurally difficult and costly. Mora said the existing fence appears to sit within the sponsor’s property line and that the sponsor was prepared to build a six‑foot‑plus solid wall adjacent to the stair to screen views and address privacy concerns.
In rebuttal, the neighbors asked for an interior stair to preserve the fence and the private backyard amenity; the sponsors said they were willing to increase the height and solidity of the partition adjacent to the stair to provide privacy, and showed an option for a taller firewall that would meet building code fire‑rating requirements.
After discussion, the commission voted to take discretionary review and approve the project as modified to include the higher privacy wall along the shared line. The motion passed unanimously, 6‑0. Commissioners noted that the exterior stair and yard access reflect a common condition on two‑story homes and that a high privacy wall is an acceptable mitigation for the neighbors’ concerns.
Why it matters: The decision resolves a common neighborhood dispute over where secondary egress and service stairs can be placed in tight side yards while illustrating how the commission can craft modest design changes — here, a taller privacy wall — to address neighborhood privacy and nuisance concerns.
Next steps: The sponsor will proceed with the approved exterior stair and the taller privacy wall; any private property line disputes or claims of encroachment remain separate civil matters between the property owners.
