Board upholds permit for rear addition at 1039 Green St.; orders weekday construction hours to protect neighbor light and quiet

The San Francisco Board of Appeals on June 9 upheld a building‑alteration permit for 1039 Green Street (applicant Bart Murphy) while imposing a condition limiting exterior construction hours to weekdays, 07:30–18:00, to reduce impacts on a directly adjacent neighbor.

Appellant Lisa Kozell said the proposed rear addition would reduce light to multiple large windows on her side elevation and make her decks and upper‑floor rooms feel "claustrophobic." She sought mitigation or modification to preserve light and air in her home. Permit holder Bart Murphy said he had voluntarily pulled the planned addition back three feet from the property line and that the project mainly enclosed an existing exterior stair; he offered a neighborly concession to restrict construction schedules and to maintain cleanliness each work night.

Planning Department staff reviewed the permit and found it complied with residential design guidelines and zoning; DBI noted the new addition would need one‑hour construction (fire separation) where it comes close to an adjoining building. Commissioners found the site already had significant recess between buildings and concluded the project would not cause a material increase in shadowing of the neighbor’s southern exposures. To address Kozell’s concerns about construction noise and disruption, the board upheld the permit with the weekday hours condition (motion carried 4–0).

The board’s action preserves the permit holder’s project while requiring construction be limited to weekday daytime hours. Kozell was advised she could still pursue other remedies outside the Board of Appeals process if needed.