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Board upholds 740 Bay Street permit despite neighbors' notice and safety concerns
Summary
Neighbors appealed an alteration permit for 740 Bay Street, objecting to a roof deck, fire pit, cooking amenities and work continuing after a suspension. Planning, DBI and the permit holder said notice requirements were met and the amenity additions were exempt or did not require new neighborhood notice; the Board upheld the permit 3–1.
Owners and long-term neighbors of 740 Bay Street appealed a DBI alteration permit that added a roof deck with seating, planters, a bump-out and cooking amenities, saying the changes were not properly noticed and that work continued after a suspension.
Appellants said pre‑application and earlier plans had shown no roof deck and presented photographs and timelines showing features added after earlier notices. They raised concerns about privacy, fire risk from a gas-fired fire pit near planters, and alleged continued construction after the Board suspended the permit.
The permit holder’s attorney and DBI/Planning staff responded that a roof deck did appear on the plans submitted for neighborhood notification in 2012, that the planning commission had considered discretionary review and required obscuring certain property-line windows, and that DBI had allowed limited waterproofing after the suspension to prevent further damage. Planning staff explained that the additional amenities (movable planters, furniture, barbecue) do not, under current Planning Code interpretations, trigger a new Section 311 neighborhood notice.
After public comment from several nearby residents who said they had not received notice or who described flooding and other impacts, the Board debated whether the planning and permitting steps satisfied notice and code requirements. The Board voted 3–1 to deny the appeal and uphold the permit as code‑compliant; several commissioners urged improved community outreach for roof‑deck projects in future.
Next steps: The permit stands; appellants retain other enforcement or legal options but the Board found no procedural basis to overturn the permit.
