Commission approves modest deck at rear of Fifth Avenue house with conditional fire-rated glass option

The commission unanimously approved a discretionary review Dec. 8 for a homeowner's proposed rear deck after weighing privacy, light and fire-safety tradeoffs with an adjacent neighbor.

Applicant Yashramati Cole said the deck is part of an interior remodel and a small exterior addition for their "forever home," and emphasized a desire to resolve the neighbor's concerns through design. Architect Karen Marr presented shadow studies and a compact deck footprint. Staff architect David Winslow recommended a three-foot side setback so that a required 3'or 42-inch fire-rated firewall would not impose an overly intrusive solid wall at the property line.

The applicant offered a technical alternative: a UL-rated one-hour fire-rated glass assembly (a commercially available "fire fence" product) that can function as a railing and meet the required fire-rating without a solid wall; the architect said similar products have been used in regional projects. Commissioners asked staff and the architect to confirm whether the Building Department and Fire Department accept such assemblies for exterior use. The commission's motion approved the applicant's alternative conditionally: if DBI/Fire permits the fire-rated glass railing, the deck may remain in its proposed location with that railing; if not, the deck must be revised to provide the three-foot setback and comply with staff guidance.

The motion passed unanimously 6'to'0. The applicant and architect said they were prepared to pursue the DBI review and would accept the fallback 3-foot setback if necessary.