Commission narrows rooftop deck at Chestnut Street property, orders 5‑foot setback and glass railings

The Planning Commission on Jan. 12 approved a revised rooftop deck for 316‑318 Chestnut Street after a contentious discretionary review that centered on privacy, nonconformity and whether the building’s rooftop should be reserved for only one unit.

Neighbor petitioners argued the subject building is a nonconforming structure (no required rear yard in an RH3 district) and that a rooftop deck would create a ‘wall in the sky’ by sitting higher than adjacent floors and materially reducing privacy and property value. The Doctor requester proposed alternatives: move the deck toward the front façade, use transparent railings, reduce deck size and eliminate a tall stair penthouse in favor of a sunken or bathtub stair.

Project representatives argued the deck is allowed under Planning Code §188 for noncompliant structures under specified limitations and noted adjacent properties have similar rear‑yard decks. Sponsor representatives also proposed, as an alternative discussed late in the hearing, a layout that could provide shared access to the roof for other units; staff said that change would require a revised submittal and re‑notice if pursued.

After deliberation, the commission adopted staff’s recommendation to take discretionary review and approved the project with modifications: the deck must be set back a minimum of 5 feet from building edges, the proposed solid parapet must be replaced with transparent (glass) railings, and the deck size was implicitly reduced by the setbacks. Commissioners discussed allowing a future revision to provide shared access across units but noted that would need a new noticed revision and review.

The motion passed unanimously.