Planning commission approves reduced deck encroachment at 68 Shelley Drive after neighbor objections
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Summary
Commission approved variances to legalize and reduce two decks at 68 Shelley Drive that extended over the property line and exceeded height limits. Staff and the applicant revised the design to cut back encroachments and add a privacy screen; the vote was unanimous.
The Planning Commission unanimously approved variances Nov. 25 to allow two existing decks at 68 Shelley Drive to be reconstructed within a reduced encroachment and to exceed the standard height limit given the site’s steep, double‑frontage configuration.
Associate planner Michelle Johnson presented the application, explaining a recent topographic survey showed portions of the upper and lower decks extend over the east property line and that the applicant revised plans to reduce encroachment to 2 feet 9 inches into the required 10 foot 9 inch setback (creating an 8‑foot minimum) and to reduce deck footprints. The upper deck will still exceed the 25‑foot height standard because of steep site conditions; staff recommended approval with findings and conditions and a CEQA categorical exemption.
Architect Reynold Leroy and owner Dan Check told commissioners the decks were trimmed after neighbor input, that a privacy screen will be added on the upper deck, and that isolated footings rather than a new grade beam are proposed to minimize disturbance to the existing slab and retaining conditions. The owner said portions of the deck work predated the most recent enforcement review, and the current application is intended to bring the site into conformance.
Neighbor Jordana Brawndo spoke in strong opposition, arguing the request fails the legal findings on impact, hardship and integrity and describing privacy and view losses for her family. "It is a couple of arm's lengths from my 8‑year‑old daughter's bedroom," she said, and urged denial.
Commissioners weighed precedent, minimum encroachment and egress requirements; several members supported approving the revised plan as the least‑impact path to bring the property into compliance. The commission approved the variance and associated design review, with staff conditions including the noted privacy screening. The decision is subject to a 10‑day appeal period to City Council.
