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Board upholds permit for cantilevered deck at 407 Thirtieth Street over neighbor privacy objections

San Francisco Board of Appeals · July 22, 2015
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Summary

After hearing privacy, historic‑preservation and CEQA objections from neighbor Thomas Norris, the Board of Appeals upheld the permit for a cantilevered deck at 407 Thirtieth Street, finding the project code‑compliant and CEQA‑exempt; the vote was 4–0 to uphold the permit.

The San Francisco Board of Appeals on July 22 upheld a permit for a remodel and a cantilevered front deck at 407 Thirtieth Street after the property’s neighbors raised privacy, historic‑preservation and CEQA questions.

Appellant Thomas Norris said the proposed 200‑square‑foot cantilevered deck would create intrusive sight lines into his kitchen and dining area and argued the project might not qualify for a categorical CEQA exemption because the proposed additions increased floor area by an amount he calculated as 85 percent. “There are new and unusually significant impacts on the privacy of ours and our neighborhood’s interior spaces as a result of the cantilever deck,” Norris said.

Permit holder Alex Schwartzman and partners said the house was in poor condition when they purchased it and described outreach with neighbors; they offered mitigation such as a 10‑foot fence and planters and said the sight line would not materially change. Planning Department senior Scott Sanchez said the project had been reviewed and classified appropriately under CEQA as a Class 1 exemption and that preservation staff had reviewed the application. DBI inspector Joe Duffy confirmed the building and plan checks had been completed and that the permit appeared properly issued.

During deliberations commissioners weighed the sight‑line geometry, the existing vegetation and prior approvals, and several members suggested conditioning a permit on a 10‑foot fence if warranted. After discussion, Commissioner Fung moved to deny the appeal and uphold the permit as properly issued; the motion passed 4–0.