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Board conditions variance approval at 482 Sixteenth Avenue to address neighbors' privacy and materials concerns
Summary
After months of dispute over an unpermitted rear deck and stairs, the board granted a variance for 482 Sixteenth Avenue conditioned on corrected plans, replacement of an external privacy screen with translucent material and a one-foot riser, and requiring the owner to obtain a separate variance for an illegal pop-out.
The Board of Appeals on March 10 granted an appeal and issued a conditioned variance for a rear deck and stairs at 482 Sixteenth Avenue after the parties offered a negotiated resolution to longstanding neighbor complaints.
Appellants argued the unpermitted deck and stairs had never been properly inspected, pointed to inconsistent plans and the use of DensShield material on the exterior firewall that appellants said is not intended for exterior installations and may delaminate. The appellants asked the board to revoke the variance and to require safer materials and clearer plans.
The determination holder's representative and neighbors reported recent negotiations and offered a resolution: remove the existing privacy screen, replace it with translucent material (examples proposed included acrylic or Lexan rather than heavy glass) and add a one-foot riser above the firewall to improve privacy and light. DBI deputy director Joe Duffy said DensShield and other material concerns must be addressed at the building-permit stage and that a notice of violation and order of abatement is on the property; DBI supported permit processing to clear those enforcement items.
Planning staff said most plan issues appeared correctable and suggested scrivener's changes to the project description and a separate variance to legalize the reconstructed rear horizontal pop-out. Commissioner Anne Lazarus moved to grant the appeal and issue the variance conditioned on correcting the language identified by staff, receipt of revised plans depicting the commissioners'approved schematic (translucent privacy screen with one-foot riser), and requiring the property owner to obtain a variance for the illegal pop-out; the motion passed 4-0.
The decision directs the property owner to submit revised plans compliant with the board's motion and to proceed with the building-permit process, where DBI will review materials and resolve abatement conditions.
