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Board upholds 3600 Scott Street deck permit, finds it code‑compliant
Summary
The Board denied a neighbor's appeal and upheld a permit for a two‑foot horizontal deck extension at 3600 Scott Street after Planning and DBI said the permit complied with code and the pre‑application process is not an enforceable private contract.
The San Francisco Board of Appeals on June 3 denied an appeal by neighbor Patrick Mulligan challenging a permit for a 2‑foot rear‑deck extension at 3600 Scott Street, concluding the permit met planning and building-code requirements.
Permit holder Maury Miller said the small extension (two feet) is needed so the door can swing out and allow safe circulation at the top of the stairs; he described prior negotiations with neighbors and said the project had been reduced from an earlier, larger plan during the design process. Planning staff (Scott Sanchez) told the board the permit complies with planning code and design guidelines and had been through the neighborhood notification/discretionary review required for the filing. Building Inspection staff (Joe Duffy) said the permit had been reviewed and signed off and did not identify a building-code issue related to the deck extension; he noted that if the neighbor believes the grill produces hazardous smoke they may pursue a complaint with the Fire Department or Bay Area Air Quality Management District.
Commissioners discussed the private pre-application outreach and whether any private agreement existed between neighbors, but Planning clarified that pre‑application meetings are not enforceable contracts; the Board’s review rests on the submitted plans and code criteria. Commissioner Rachel Tanner moved to deny the appeal, and the board voted 5–0 to uphold the permit.
The board advised neighbors to pursue mediation or code‑enforcement routes for any separate civil or nuisance concerns (smoke, noise), and Commissioner Tanner suggested community mediation channels for ongoing neighbor disputes.
