Board upholds 415 Grafton vertical addition after planning and DBI find code compliance; neighbor sought setback or lower peak

Appellant Evelyn Mao told the board she currently receives about 90 minutes of morning sunlight at her property and that the proposed vertical addition at 415 Grafton would reduce that by roughly 43 minutes, substantially altering light and privacy. Mao asked commissioners either to require a 3-foot setback or lower the addition’s peak to 29 feet and to require non-operable, fire-rated property-line windows to protect privacy.

Owner and applicant Brian (Bridal) Corwin said the addition is modest (two bedrooms, two baths) and located below the zoning maximum height of 35 feet. He said he met with the appellant during discretionary review, had provided updated shadow studies, and planned to replace two property-line windows with non-operable, fire-rated glazing per AB-009 requirements. "We really just want to get a little bit more space and we believe that this is a pretty modest and reasonable addition," he said.

Planning Deputy Zoning Administrator Tina Tam told the board the Planning Commission previously declined the discretionary review appeal and that plan reviewers found the addition meets the planning code and residential design guidelines; planning recommended denial of the appeal. DBI confirmed AB-009 protections are incorporated into the approved drawings and that the operable property-line window identified in the record would have to be fixed prior to final sign-off.

Commissioners noted that the proposal remains under the zoning height limit and that the plan set specifies windows and AB-009 protections; they asked staff to confirm occupancy and plan notes that would identify where a ground-floor comparable space or fixed windows are required. Commissioner Rick Swig moved to deny the appeal; the board voted 5–0 to deny the appeal and uphold the permit.