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Commission approves roof‑deck conversion over rear garage at 2709 Larkin with bird‑safe railing requirement
Summary
After heated testimony from an adjacent owner about privacy and sequential permitting, the Planning Commission approved discretionary review for an occupied roof deck above a rear‑yard garage at 2709 Larkin, subject to a bird‑safe or open railing design and staff review.
The Planning Commission narrowly approved discretionary review and allowed a project to convert and extend an existing roof surface atop a noncompliant rear‑yard garage at 2709 Larkin Street, subject to conditions requiring the façade/railing design be adjusted to reduce bird collisions and address privacy concerns.
Neighbors argued the proposal violated the spirit of prior variances and returned the property to a more intrusive use that would harm privacy and light for adjacent properties; one neighbor said the deck would create a direct line of sight into his living areas and outdoor space. The doctor‑requester (neighbor) asked that the stucco 42‑inch guardrail remain in place and argued for a living roof instead of an occupied deck.
Project representatives, including the architect John Matuszialka, said no new mass or volume was being added and that the existing roof surface was being finished and planted to provide usable family space. They offered planted screening and said the railings would be transparent glass to minimize perceived mass; in response to bird‑safety concerns, the sponsor agreed to work with staff to specify a bird‑safe or otherwise acceptable visually open railing.
Commissioners debated sequential permitting, privacy in dense urban contexts, and potential bird collisions with glass railings. Some commissioners suggested open slatted railings, opaque/frosted glass or bird‑friendly glazing as alternatives. The motion to approve discretionary review with a bird‑safe railing requirement passed 5–2, with Commissioners Moore and Miguel voting no.
