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Board upholds permit for 45620 Seventh Street despite light/courtyard objections

San Francisco Board of Appeals · December 10, 2014
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Summary

The Board of Appeals unanimously upheld a permit for a three‑story replacement at 45620 Seventh Street, finding the proposal conforms to the residential design guidelines and planning staff recommendations despite neighbors’ claims of significant daylight loss.

The San Francisco Board of Appeals on Dec. 10 voted 4–0 to deny an appeal by tenants and neighbors who argued a planned three‑story building at 45620 Seventh Street would block most daylight from a neighboring courtyard and light well.

Lorna Murdoch, an adjacent tenant, said the proposed structure would "take actually up to 95% of my apartment's daylight during the winter solstice" and that the development would severely degrade livability in four units that rely on a narrow light court. She said the tenants moved in after the public notices and had not had the same opportunity to participate in outreach that other neighbors had.

Project counsel and sponsors said the owners are building a home for their family, reduced the height by 10 feet below allowable limits and incorporated setbacks and design changes during outreach. Planning Department staff and the residential design team reviewed the project and recommended it as consistent with the planning code and the residential design guidelines; staff noted the court at issue is a larger light court/courtyard and not the smaller 'light well' the guidelines use as the typical example.

Commissioners discussed the distinction between direct sunlight and ambient light, and whether matching light wells is required for a larger courtyard. The board concluded the project conforms to the residential design guidelines and voted to deny the appeal and uphold the permit. The decision leaves the Planning Commission’s unanimous approval and the Planning Department’s findings intact.