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Board of Appeals denies neighbor's appeal of deck over ADU at 763 Lakeview Avenue
Summary
The San Francisco Board of Appeals denied a neighbor's appeal of a permit for a deck over an accessory dwelling at 763 Lakeview Avenue, finding the permit complied with code and urging the parties to agree on privacy screening; the decision was 4-0.
President Jose Lopez and the San Francisco Board of Appeals denied an appeal challenging a permit to add a deck on top of an accessory dwelling unit at 763 Lakeview Avenue, upholding the Department of Building Inspection's and Planning Department's approvals by a 4-0 vote.
The board heard from the appellant, Peter Holoida, who said the proposed deck would sit about five feet from his front door and living-room window and "90% of living space in my home is affected by this deck," raising privacy, noise and fire-safety concerns and questioning whether permit documents and setbacks had been correctly recorded. "I don't have money to go on vacations, and I really... my privacy is... affected," Holoida said during his presentation.
The permit holders, Claudia and Carlos Villacana, said the deck would restore outdoor space for their family, including two small children and an ADU occupied by Claudia Villacana's father. "We got all of the permits... and everything was approved," Claudia Villacana said, and she told the board she was "willing to work with Peter to see whatever we can do for privacy noise mitigation."
Planning Department deputy zoning administrator Tina Tam told the board the ADU was permitted and constructed under a 2022 permit and that the 2023 revision to add the deck (permit 202308255349) complies with the planning code and residential design guidelines. Tam said the ADU measures 17 by 21 feet, 9 feet tall and about 375 square feet, and she noted spiral stairs previously shown were removed from the revised permit. The department recommended upholding the permit while noting voluntary mitigation options such as solid railings or privacy screens.
Kevin Birmingham of the Department of Building Inspection said the permit "went through a full review" and confirmed the new deck is set back four feet from the side property line; DBI presented a fire-information sheet showing a 3-foot separation standard for R-3 residential decks and stairways, and said the proposed deck exceeds that guidance. Birmingham said privacy screening selected by the neighbors would not need to be fire rated.
Board members discussed precedent and the limits of the board's discretion under state law. Several commissioners encouraged neighbor-to-neighbor negotiation on a permanent screening solution but also said the application appears routine and code-compliant. Commissioner Rick Swigg moved to deny the appeal and uphold the permit; the board voted President Jose Lopez "Aye," Vice President John Trezvina "Aye," Commissioner J. R. Epler "Aye," and Commissioner Rick Swigg "Aye." The motion carried 4-0.
The board's action denies the appeal (appeal 24-046) and leaves the permit in effect. Commissioners explicitly encouraged the neighbors to reach an agreement about permanent privacy screening — suggestions in the hearing included trellises with planter boxes, opaque railings, or other design solutions — but the board did not impose a specific, mandatory screening design as a condition of the permit.
The matter concluded with the board urging continued dialogue between the parties; the permit stands and any modifications to screening or materials would be implemented through the usual building or administrative processes.
