Board denies jurisdiction request over 1915 Rivera Street deck, finds permit issued properly

The San Francisco Board of Appeals on May 18 denied a jurisdiction request from a neighbor of 1915 Rivera Street who said a newly permitted rear deck would intrude on privacy and views. Vice President Frank Fung moved to deny the request after presentations from the requester, the permit holder’s designer and city staff, and the board voted 4–0 to sustain the Department of Building Inspection’s issuance of the permit.

The neighbor, identified in the record as Anne Winn, told the panel the deck would allow anyone standing on it “to see straight forward to my room” and that the structure would “violate my privacy for me and my family.” The permit holder’s designer, Derek, responded that the deck height is roughly 9 feet, 11.3 inches above grade and that the deck is set back five feet from the property line and complies with the planning code’s height and notice requirements.

Planning Department zoning administrator Scott Sanchez told the board the property is in an RH-1 zoning district and that the deck as built was “completely code complying” and required no neighborhood notice. Building Inspection Senior Inspector Joseph Duffy confirmed the permit had been issued properly and described the job as a typical remodel with decking installed “per plan.”

Fung said the standard for a jurisdiction request is whether the department erred in issuing the permit and concluded the record did not show an error. On the motion to deny jurisdiction, Commissioners Lazarus and President Honda voted “aye,” and the motion carried 4–0.

The board’s action leaves in place the Department of Building Inspection’s permit for the Rivera Street work. The parties may pursue other administrative or court remedies permitted by law; the board’s ruling addressed only whether the issuance was proper under the department’s procedures.