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Board affirms permit for 100 Gates Street vertical addition over neighbor objections
Summary
After testimony from neighbors and the project sponsor, the Board of Appeals denied an appeal and affirmed a site permit for a partial vertical addition at 100 Gates Street. Appellant Mark Brecky had argued the addition would block diffuse morning light used for his professional photography studio.
The Board of Appeals on March 21 denied an appeal challenging a partial vertical addition and interior remodel at 100 Gates Street and affirmed the building permit issued in January.
Appellant Mark Brecky, who uses diffuse morning light in a basement-level photography studio, said a proposed third-floor cantilever would block the "golden hour" light he needs for print work and asked the board to require a three-foot reduction on the north side of the addition. Brecky presented photographs and expert letters arguing even modest shadowing would harm his studio practice.
Project architect Peter Liang and homeowner Julian Chuka said the project complies with planning and building rules, noting the planning commission’s design review and DBI review. Planning staff told the board the property is in an RH-1 district and that the project had been reviewed, including a discretionary review, which recommended approval. DBI said the permit is a site permit that has been approved by building review so far.
Commissioners weighed the distance between properties (approximately 47 feet at the rear), staff findings and the discretionary-review record. The board found the permit had been properly issued and denied the appeal; the motion carried on recorded ayes.
