Board of Appeals denies neighbor appeal of rear-deck permit at 62 Santa Isabel Avenue

The San Francisco Board of Appeals on Jan. 22 denied an appeal by neighbors of a building permit for a rear deck and stairs at 62 Santa Isabel Avenue, ruling the permit met applicable planning and building-code requirements.

The denial of Appeal No. 24-061 was unanimous (4–0). The permit, issued Nov. 1, 2024 (permit no. 20241101-4190) to property owner Samuel Peck, authorizes removal of existing exterior wood stairs and construction of a new deck and stairs with a fire-rated wall at the property line. Appellants listed on the appeal were Sophia Yu, Lucas Wong and Rui Yi Yu.

Appellants told the board the proposed deck and firewall would block light to a downstairs bedroom, intrude on privacy by placing a usable deck and stairs adjacent to their property line, increase noise for their living area, and create a security risk by providing an elevated surface near their fence that could be used to cross into their yard.

The permit holder, Samuel Peck, told the board he and his designer revised the plan after meeting with the neighbors and that the current design increases the wall height compared with the original drawing and was developed to limit impacts. He also said a solid wall would reduce noise transmission compared with the existing chain-link fence.

Corey Teague, zoning administrator for the Planning Department, told the board the single-family project is in an RH-1 zoning district, was approved over the counter on Nov. 1, 2024, did not require neighborhood notice, and was deemed consistent with the residential design guidelines and permitted buildable area. Teague said the deck itself sits off the property line while an adjacent landing and stair are about 3.5 feet wide along the property line; the department routinely distinguishes small landings and stairs from the primary deck when applying the guidelines.

Joseph Aspatel, senior building inspector with the Department of Building Inspection, summarized the applicable building rules: decks built less than 3 feet from a property line require protection by a firewall under the California Building Code (CBC); in fully sprinklered buildings the distances can differ; table 705.5 and related CBC provisions govern fire-resistance and clearances. Aspatel said DBI reviewed the submitted design and found it met the structural and fire-safety code provisions applicable to the permit.

Board members said their review is limited to code and guideline compliance. Commissioner Rick Swig moved to deny the appeal on the basis the permit was properly issued. In discussion commissioners acknowledged the appellant's safety and privacy concerns but agreed the permit, as reviewed by Planning and DBI, complied with the planning code, residential design guidelines and the California Building Code. The motion carried 4–0.

The board left open the parties' ability to pursue non-permit remedies or neighbor-to-neighbor accommodations, but the board said such matters do not change its conclusion about code compliance.

Details recorded in the hearing record: the permit application was described in the board packet as “remove existing exterior wood stairs, new deck and stairs protected by fire rated wall at property line.” Planning staff described the proposed deck as roughly 9 feet 6 inches in vertical extent above grade where measured at the property line; the landing/stair width adjacent to the property line was stated as about 3.5 feet. The permit number cited in the record is 20241101-4190 and the permit date is November 1, 2024.