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Board upholds two disputed deck permits after compromises and code review
Summary
The Board of Appeals upheld permits for rear/second-floor decks at 1239 Sixth Avenue and 2219–30 Fourth Avenue after staff mediation and plan revisions: the Sixth Avenue permit was upheld with a conditioned revised plan including a 6-foot privacy wall; the Fourth Avenue appeal was denied and the permit upheld with no additional conditions.
Two neighbor disputes over decks and privacy were resolved or decided by the San Francisco Board of Appeals.
At 1239 Sixth Avenue, planning staff reported a swift compromise achieved after a neighborhood meeting: the permit holder agreed to revise plans to include a 6-foot-high solid wall extending for the first 10 feet of the deck to address privacy concerns. The board moved to uphold the appeal conditioned on revised plans dated Aug. 24, 2009; the motion passed 5–0.
At 2219–30 Fourth Avenue, neighbor Susan Wolf opposed a rear porch and an electrical outlet she said allowed views into a bedroom window. The permit holder, Elias Gutierrez, said work was done without a permit but that plans were submitted and the porch would comply with code; planning staff supported the approved revised plans and noted the Planning Code does not require notification for decks of this size. Commissioners balanced sympathy for the neighbor’s privacy concerns against code compliance and the parties’ attempts at accommodation and voted 5–0 to uphold the permit as approved.
In both matters the board emphasized that the hearings resolved permit questions; the board did not award damages or order retroactive changes beyond the conditioned plans in the Sixth Avenue case. Neighbors were advised to pursue inspections with DBI if they believed construction deviated from approved plans.
