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Board upholds deck permit at 271 Ralston but orders 3-foot side setbacks to ease neighbor concerns
Summary
After neighbors raised privacy and security concerns, the board upheld a permit legalizing a rear deck at 271 Ralston Street but required a 3-foot setback on both sides (with a partial firewall at the door entry) to reduce visibility and protect neighbor access.
The Board of Appeals voted to uphold a building permit for a rear deck at 271 Ralston Street on Oct. 24 but imposed modifications intended to reduce privacy and security impacts for adjacent neighbors. Neighbors argued the sizable deck intruded on privacy and enabled easy access between yards; appellant Dennis Young and neighbor Betty Tran described trespass and sanitation problems they attributed to the adjacent property.
Property owner Xiaowei and permit-holder representatives said the deck conformed with planning and building code requirements and noted they obtained a permit to legalize previously constructed work. Planning staff Scott Sanchez told the board the application complies with the planning code and does not require a 3-11 neighborhood notification; Chief Building Inspector Lawrence Kornfield said the deck had been reviewed and that the property-line firewall appears to be a one-hour-rated firewall where required.
Commissioner Frank Fung proposed a compromise intended to balance property-rights and neighbor concerns: a 3-foot setback on each side of the deck with the exception of the small portion of decking directly adjoining the door (where a partial firewall and a minimum landing would remain to preserve egress). "My motion is to, uphold the permit on condition that the extent of the deck be modified so that there is a 3 foot set setback on each side," Fung said. The board voted 4–0 to adopt that modification and uphold the permit with conditions.
Next steps: the permit holder must revise plans to show the 3-foot side setbacks (with a partial firewall and legal landing at the door) and conform to building-department details; staff will confirm compliance with building/firewall requirements.
