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Board requires 3‑foot second‑floor setback at 797–799 Second Avenue in compromise between neighbors
Summary
Facing a neighbor objection to a rear addition, the Board modified the approved permit to require a 3‑foot setback along the full length of the Second‑floor pop‑out adjacent to the appellant’s property; Planning staff supported the compromise and the motion passed unanimously.
A compromise between neighbors produced a permit modification at 797–799 Second Avenue after appellant Jordan Kwan objected to the scale and setback of a proposed rear addition. Kwan requested a minimum setback and said a zero‑setback footprint would enable an easy future second‑floor expansion; the permit holder and his counsel agreed to revise the Second‑floor design.
At the hearing the permit holder agreed to pull the Second‑floor pop‑out in roughly 1.5 feet and to provide a 3‑foot setback on the full length of the Second floor on the side adjacent to Kwan’s property. Planning Department staff said the 3‑foot Second‑floor setback would adequately address the appellant’s concerns while allowing a code‑compliant project to proceed.
Commissioners adopted the negotiated modification and granted the appeal in part, requiring the 3‑foot setback as a condition of permit approval. The Board recorded the change and advised the permit holder to resubmit revised plans to the permit intake office to reflect the condition.
