Commission approves addition at 706 Vermont with guardrail setback after neighbor privacy concerns

The Planning Commission voted unanimously 7–0 on Feb. 3 to approve a discretionary review for a third‑floor expansion and a proposed green roof at 706 Vermont Street, adopting staff’s recommended modification to set the roof-rail back five feet from the property line to address neighbor privacy concerns.

Planning staff described the proposal as an expansion that increases the building’s size and adds a green roof that staff concluded could be occupiable if used as a walkable deck; staff recommended a 5‑foot setback for the proposed guardrail to mitigate privacy impacts. Luis Barata, senior planner, told the commission staff ‘‘recommends taking discretionary review and approving the project with the above modifications.’’

Neighbors argued the roof is being designed with deck‑like elements — full‑size stairs, walkable skylights and 42‑inch guardrails — and asked the commission to require removal of the stair and guardrail so the feature remains a maintenance‑style green roof rather than a de facto occupiable deck. Ryan Patterson, counsel for the requesters, said the design ‘‘has all the elements of a fully occupiable roof deck’’ and that the stairs and guardrails should be removed to avoid a precedent that would bypass roof‑deck permitting.

Project counsel Steve Williams and the sponsor said the green roof elements were included for access and maintenance and that the department’s proposed guardrail setback addresses privacy concerns. Williams said neighbors’ claims that the sponsor intends to convert the green roof into an occupiable deck in the future were speculative and not a basis to deny the application now.

Vice President Moore moved to adopt staff recommendations; the commission seconded the motion and voted 7–0 to approve the discretionary review with the guardrail setback and other staff modifications.

Staff will incorporate the modification into the project conditions and proceed with the ministerial permitting steps that follow discretionary review.