Board of Appeals denies neighbor challenge to 28 Harry Street deck permit

The San Francisco Board of Appeals on Nov. 5 denied an appeal by neighbors Wendy Best and Richard Sander challenging a permit to build a second‑floor deck at 28 Harry Street, voting 4–0 to uphold the Department of Building Inspection and Planning Department approvals.

Appellants Wendy Best and Richard Sander told the board they have lived on the block for more than 40 years and said the Carluccios’ proposed 8‑foot‑deep deck would intrude on their privacy because their living room and deck sit at the same elevation as the proposed structure. Best asked the board to order a modest horizontal reduction of about 3 feet or require opaque siding rather than glass to reduce visibility.

Permit holders Andrew (Andy) Carluccio and his wife Katie Carlucci said they bought the house to raise a family, designed the deck to meet setbacks and usability goals and had already increased the side setback to 10½ feet — well beyond the planning department’s 3–5 foot recommendation. Andy Carluccio said planning staff approved the deck and that a height notation in the tracking system was a clerical typo; he said the glass railing was chosen for child safety and to preserve views of the San Francisco City skyline.

Senior planner Andrew Perry testified that the deck sits wholly within the lot’s buildable area, does not encroach into required rear‑yard setbacks and does not exceed permitted height limits. Joseph Ospital of the Department of Building Inspection said DBI reviewed and signed off on the permit and that the project meets code.

Commissioners questioned both sides about the lot topography, the deck’s relationship to the property line and whether planning staff conducted a site visit. Planning staff confirmed the approval was an over‑the‑counter action and that staff does not inspect every site; the board members noted that the appeal process exists for neighbors to raise concerns that an over‑the‑counter review might miss.

President John Trezino and other commissioners emphasized that their review is limited to code compliance and the record in front of them. After deliberation, Vice President Jose Lopez moved to deny the appeal and uphold the permit; the motion carried 4–0.

The board’s decision leaves the permit in place as issued. The Carluccios may proceed subject to any remaining city permitting conditions or inspections.

Background: The permit at issue (20250526917) was approved in June 2025 and covers a new second‑floor deck with glass guardrails. The planning department said the proposal did not trigger neighborhood notification under Planning Code Section 3.11 and that the deck exceeds Residential Design Guidelines’ typical setback recommendation.