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Appeals Board Conditions Deck Permit at 2226 40th Avenue With Privacy Lattice
Summary
After a neighbor appealed a permit to legalize a rear deck at 2226 40th Avenue citing privacy invasion, the board upheld the permit but required a 3-foot lattice above the code firewall along the shared property line to protect the neighbor's privacy.
The San Francisco Board of Appeals on Jan. 28 upheld a Department of Building Inspection permit that legalizes a rear wood deck at 2226 40th Avenue, but conditioned the permit to address a neighbor’s privacy concerns.
Neighbor Donna Park told the board the deck allows direct views into her kitchen and asked that the deck be removed; she described the deck as an invasion of privacy. Permit holders said the deck was built to comply with a DBI complaint and that they had applied for a permit to legalize the work and add the required one‑hour firewall at the property line.
DBI and Planning staff confirmed the permit application was routed through intake and that a one‑hour firewall and guardrail are part of the approved plans. Planning staff noted that if a firewall exceeds certain heights it triggers additional notifications, but the plans submitted showed the firewall would be less than 10 feet above grade.
To resolve the dispute, the board conditioned the permit: commissioners required the permit holder to add a decorative screening (3 feet of lattice or equivalent) above the minimum 42‑inch firewall along the side of the deck bordering Park’s property. The board adopted the condition as a means to balance code compliance with neighbor privacy and voted 4-0 to uphold the permit with that condition.
Permit holders indicated willingness to add screening; the board continued to advise that inspectors verify final field measurements and compliance with firewall and finish-material requirements.
