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Commission approves small deck extension after neighbor dispute over pre‑construction agreement
Summary
The commission approved a modest 2' x 7' rear‑deck extension at 3600 Scott Street after hearing a dispute between neighbors about whether an earlier pre‑construction agreement prohibited such additions; commissioners found the request not ‘exceptional and extraordinary’ and approved 5–0.
The Planning Commission approved a discretionary review and authorized a minor permitted obstruction (approx. 2' x 7') as an extension to an existing second‑story rear deck at 3600 Scott Street.
Staff (Elizabeth Junkera) summarized that RDAT reviewed the request and found the minimal extension acceptable within the residential design context. Neighbor Patrick Mulligan argued the extension violated a prior pre‑construction agreement in which the owner had promised to limit the deck to a landing and not permit a functional deck; he urged the commission to consider neighborhood agreements and the precedent of allowing changes after negotiated understandings.
The project sponsor said the small expansion provided safer grilling and backyard access, argued there was no enforceable agreement giving neighbors veto rights over future permits and noted adjacent neighbors had written letters supporting the modest change. Commissioners debated whether the request met the ‘‘exceptional and extraordinary’’ standard for discretionary review and concluded it did not.
Commissioners voted to approve the deck extension (motion passed 5–0).
