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Neighbors push for compromise after board hears fence‑height dispute; matter continued to Dec. 8
Summary
The Board of Appeals continued a dispute between Carol Fleming and 330 Los Palmas property owners over a deck‑plus‑fence that the appellant said blocks afternoon sun. The board encouraged settlement negotiations and ordered the parties to return Dec. 8 if they cannot compromise.
The Board of Appeals on Oct. 20 heard a dispute over a backyard deck and fence at 330 Los Palmas and continued the matter to Dec. 8 to allow settlement discussions.
Neighbor Carol Fleming said a newly constructed deck plus solid pine fence — which she perceived as approximately 10 feet high — has blocked afternoon sun to her garden and was built without notifying her. Co‑owner Martin Sewan said the property was purchased in poor repair and the combined deck-and-fence measured about 8 feet 11 inches from grade, which is within the planning code allowance of a 10‑foot backyard fence. Planning staff and DBI noted the approved plans showed a 5‑foot fence and that the permit documents did not accurately reflect the built condition.
Commissioners proposed compromise solutions — reducing a portion of the fence to guardrail height or replacing the top with lattice to restore light — and asked the parties to negotiate an arrangement. Commissioner Fung moved to continue the matter to Dec. 8, 2010 for settlement discussions; the motion passed 4–0.
Why it matters: The case highlights common friction between building‑permit practice, backyard grade differences and neighborhood sunlight and privacy concerns.
What’s next: The board asked the parties to attempt a settlement; if no agreement is reached the board will address the issue on Dec. 8. DBI offered to re‑measure the fence if needed.
