Board requires permanent privacy screen and grants neighbors’ appeal over rear deck permit

The San Francisco Board of Appeals on Jan. 8, 2025 granted an appeal by neighbors opposing a rear‑deck permit and ordered the permit be amended to include a permanent privacy screen along the side closest to the appellants.

The matter concerned an alteration permit for a new second‑floor rear deck at 175420 Seventh Avenue (permit 2023‑813438). Neighbors Adrianne and Katie Wadley appealed the planning and Department of Building Inspection approvals, saying a three‑foot side setback would intrude on long‑standing light and privacy in their master bedroom. The permit holders are Tony and Louann Yu.

The appellants told the board they have enjoyed uninterrupted privacy and light in their home for more than 20 years and that a deck set back only three feet from the property line would allow views “directly into our master bedroom covering approximately 70% of the area of our bedroom,” according to their presentation. They said earlier opportunities for neighborhood discussion were missed and offered a four‑foot setback as a compromise. "We would gladly accept a 5 foot setback. However, we are willing to accept a 4 foot setback as a reasonable compromise," the appellants told the board.

The permit holders, Tony and Loanne Yu, said the proposed deck is modest, was designed by a licensed engineer, complies with planning and building rules and fits the block context; they offered to install a privacy screen to address neighbors’ concerns. "We are more than happy to offer the privacy screen," Tony Yu said, adding that he and his family had tried to be neighborly throughout construction.

Planning and building staff explained the project complied with code and that similar decks and setbacks are common in the neighborhood. "This is a very standard typical type of, residential deck that we see all across the city," Corey Teague, zoning administrator for the San Francisco Planning Department, told the board. Department of Building Inspection chief building inspector Kevin Birmingham said many nearby homes have decks of similar size and noted the submitted plans show a three‑foot side setback.

Commissioners discussed remedies that preserve neighbors’ privacy while allowing the property owner to keep a modest deck. The board adopted a motion to grant the appeal on the condition that the approved permit plans be amended to include a fixed privacy screen along the side of the deck nearest the appellants, no taller than 6 feet and subject to DBI/Planning requirements for permitted screening. The motion passed 4‑0.

What the board required: - The permit is approved only after the permit holder files amended plans showing a privacy screen on the deck edge closest to the Wadleys. The board limited the screen to a maximum height of 6 feet so that structural requirements (if above 6 feet) are clear and so DBI can require appropriate stabilization if needed. - Planning staff said a condition added by the board would remain on the permit record; a future owner seeking to remove the screen would have to return to the Board of Appeals for approval.

Neighbors told the board they welcome a durable, fixed screen rather than a temporary or movable solution. The appellants said sample illustrations provided by the permit holder appeared to show temporary/mobile screens and they were concerned those could be removed by future occupants. The board’s condition addresses that concern by making the screen a condition of the approved permit.

The board’s action required the permit holder to coordinate with planning/DBI to amend the approved plans and obtain any necessary ministerial revisions before finalizing the permit.