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Board upholds Sixth Avenue sheds and fence permit despite neighbor complaints about lost light
Summary
The Board of Appeals denied an appeal that challenged new sheds and a proposed 10-foot fence at 1574'40 Sixth Avenue, concluding the permit and associated permits complied with planning and building thresholds.
The Board of Appeals on Feb. 21 denied an appeal to a permit for sheds and an accompanying fence at 1574'40 Sixth Avenue, upholding the permit as issued.
Jessica So, representing her father Peter So, said the newly constructed shed and a partially built 6-foot fence already reduced light in a below-grade laundry room and worried that a 10-foot fence would further darken interior spaces. The So family requested the board deny the permit or impose conditions that would preserve light to the lower-level rooms.
Permit holder Julia Ding said she had entered an agreement (which she provided to the board) and sought the higher fence to ensure privacy and protect against alleged trespass incidents; she said she had offered to share costs and that tenants had been notified. Planning staff explained shed A and C exceed 100 square feet and thus required permits and that a 10-foot fence is permissible in that location when measured from the permit-holder's grade.
Commissioners discussed topography and noted that grade differences can make fences appear taller from neighboring lower yards. Several commissioners expressed sympathy for the neighbors but concluded the property owner has the legal right to the fence and related improvements; the board voted 4'to 0 to deny the appeal and uphold the permit with no conditions.
Planning staff and DBI were asked to verify permit measurements and ensure the permit record reflects the conditions and dimensions of the sheds and fence.
