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Board Upholds Deck Permit Over Neighbor’s Objection
Summary
Board of Appeals denied an appeal by Maria Garcia challenging a deck permit after the Department of Building Inspection confirmed the lower unit’s light and ventilation and commissioners found the deck allowable; vote was unanimous to uphold the permit.
The board considered an appeal from Maria Garcia challenging a permit to build a deck on a two‑unit building. Department of Building Inspection Chief Lawrence Kornfield reported site visits on Oct. 30 and Nov. 1 confirming that the lower occupied area provided adequate light and ventilation using existing windows. Kornfield told the board the department’s site inspection did not find a code violation for light and ventilation.
Maria Garcia told the board she believed the property contained two kitchens and questioned whether French doors were shown on the permit; she said the deck intruded on her ability to enjoy sunlight and fresh air from windows she has relied on for 23 years. Commissioners reviewed DBI’s site report and the plans displayed by Kornfield showing a tempered glass door in place. Several commissioners said the building department satisfied the inquiry and that neighbor concerns about noise and odors were not sufficient legal grounds to overturn the permit.
Commissioner Michael Garcia moved to deny the appeal and uphold the permit; the board voted 5–0 to uphold the permit as issued.
The permit holder may proceed; neighbors were invited to pursue remedies through standard enforcement channels if they find later code compliance problems.
