Planning commission grants variance for small upper‑level deck at 833 Polk Street

On Jan. 8, 2025, the Albany City Planning and Zoning Commission approved a variance and design‑review application to construct a small 42‑square‑foot upper‑level deck at the rear of the house at 833 Polk Street.

Staff described the lot as shallow and the existing home as already located with a reduced rear yard setback; the proposed 4‑foot‑deep deck would sit within about 5 feet, 7¼ inches of the rear property line where the code requires a 14‑foot rear‑yard setback for decks. Staff said the project would not enlarge an existing opening but would replace a large existing window with an aluminum folding door to access the new deck. Materials shown in the plans include neutral‑stained redwood decking and black metal cable railing.

Staff reported one neighbor called with concerns after initially being unable to access the posted plans; staff and the applicant said they later communicated and the neighbor indicated the plans alleviated the concern. Staff visited the site and found the proposed deck does not face private bedroom windows of the neighbor. Given the property’s substandard lot depth and the modest size of the deck, staff recommended approval subject to conditions that the building‑permit plans reflect the approved size and location.

The owner/applicant (identified on the record as Martine) said the deck is intended as a small balcony for step‑outside access from the upper level rather than a large entertaining area and said she had contacted the neighbor and worked to address concerns.

Commission discussion described the feature as more akin to a small balcony than a sizable deck and found the project de minimis. A motion to approve the variance and design review with the staff‑recommended mechanical‑equipment condition passed 3‑0.

Ending: Staff will ensure the building‑permit plans match the approved drawings; the decision is subject to the standard appeal period.