Board revokes permit for 309 Magellan backyard lighting; grant appeal on privacy and process grounds

The Board of Appeals on Sept. 2 granted an appeal and revoked a DBI-issued permit for four posts and decorative lighting in a rear yard at 309 Magellan Avenue, concluding the feature was inconsistent with neighborhood impacts and that the permit had not been routed to Planning as required.

Appellant Michael Gorman said the combined effect of a 6–8-foot-high deck and the newly installed 15–17-foot posts eliminates privacy and creates an overly obtrusive structure close to the property line. "It feels that when people are on it that they're in our backyard," Gorman said, describing lost enjoyment and privacy.

Permit counsel said Planning staff had advised the structure could fall under Planning Code section 1.36.c.20 ("normal outdoor recreational and household features") and that the permit holder intended to install a green screen for privacy. Planning representative Scott Sanchez said the permit was not routed properly to Planning and that a BBN notice should have been filed.

Commissioners examined whether the poles and stringed lights constituted a play structure or a garden feature, whether electrical permits were required, and whether the code’s 8-foot informal limit on play-structure features applied. Commissioner Fung moved to grant the appeal and deny the permit on the grounds that the features did not conform to Planning Code allowances for rear-yard recreational uses and were not in the community’s interest; the motion carried 4–0. The permit holders were advised they could reapply through the correct routing process.