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Board orders changes to deck and stairs at 1477 Ninth Avenue, grants homeowner appeal with conditions
Summary
The Board of Appeals granted an appeal concerning an alteration permit at 1477 Ninth Avenue, requiring revised plans that include a built‑in planter and safety rail and specifying noncombustible materials for the deck and stairs.
The San Francisco Board of Appeals on Wednesday granted an appeal over a permit to legalize an unpermitted rear addition at 1477 Ninth Avenue but issued the permit subject to specific modifications to address privacy, fire safety and code compliance concerns.
The appeal, filed by a neighbor of the permit holder Michael Edelstein, challenged a 68‑square‑foot rear addition and associated deck and stairs. The board found that parties had not fully worked through a mutually acceptable solution ahead of the hearing but that the most expeditious remedy was to grant the appeal while issuing the permit with conditions to bring the work into conformance.
Conditions ordered by the board (as part of the motion that passed unanimously) require that revised plans be submitted showing: - A built‑in planter running the length of the deck from the house to within approximately 38 inches of the stair landing, with a 3‑foot depth and roughly 18‑inch planting height to support privacy plantings; - A guard/rail meeting DBI standards and at least 42 inches high at the deck edge and continuing down the stairs (the board specified either a transparent tempered glass guard or a metal frame with wire infill to preserve light and views while providing fall protection); - Noncombustible materials for the deck and stairs.
The board tied those conditions to DBI testimony that a planter alone could serve as fall protection only if built to the 42‑inch guard height; DBI recommended combining a planter with a guard so the planter need not itself act as the required fall protection. DBI also confirmed that the current permit iteration could be approved and that plan review would address any remaining structural details, including the landing dimension and decking material choice.
Why it matters: The decision legalizes work that had been performed without permit but imposes safety and privacy measures to address the neighbor's concerns. The board emphasized that parties should work together during the permitting process and that the city's departments would handle plan‑review details following the board's direction.
Quotations and process: Commissioner Rick Swig moved to grant the appeal and issue the permit with the stated conditions. DBI Senior Building Inspector explained the code implications for guards and planters, saying the planter "would have to be a minimum of 42 inches high to act as a guard" if no separate guard were provided. The board directed the permit holder to submit revised plans for DBI review consistent with the conditions.
Next steps: DBI will complete routine plan review of the revised drawings and require any structural calculations or corrections if the permit holder chooses a heavier decking system. The board asked staff to schedule the plan review and to process the permit with the stated conditions so work can proceed without further delay.
