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Board upholds variance to legalize small second‑floor balcony after neighbors’ objections
Summary
The Board of Appeals upheld a zoning administrator’s decision to legalize a cantilevered second‑floor balcony (approximately 13×3 feet) as minimally impactful; adjacent property owners argued it violated rear‑yard protections but the planning department and zoning administrator said the variance met required findings.
The Board of Appeals voted to uphold a zoning administrator decision that granted a variance to legalize a cantilevered second‑floor balcony on a multi‑family property. Planning staff said the balcony, approximately 13 by 3 feet and set back about 4 feet 9 inches from side property lines, has been in place for decades and meets the five findings necessary for a variance.
An adjacent-property representative for the Arzat Trust argued the deck intrudes on mid‑block open space and listed five planning‑code findings the trust said the project failed to meet, including alleged impacts to privacy, harmony with neighborhood character and consistency with the general plan. The property’s architect and several neighbors defended the structure as minimal and longstanding.
After rebuttals, the board concluded the planning department’s analysis was reasonable and moved to deny the appeal and uphold the variance; the motion passed with the recorded vote (4–0–1, Commissioner Holland absent).
Next steps: If the variance is upheld and neighborhood-notification requirements are met, the appellant may proceed with the permit and, if desired, pursue discretionary review to the Planning Commission.
