Board conditions permit at 272 Eureka to remove south-facing bedroom windows after neighbor appeal

The Board of Appeals voted 5-0 on Jan. 4 to deny an appeal by neighbor Gina White against a site permit issued for an addition at 272 Eureka Street, while requiring a revision to the permit plans to remove the south-facing bedroom windows.

"I was caught by surprise when I received a letter from the city saying a permit was granted for an addition to 272 Eureka Street," appellant Gina White told the board, saying she learned about the project only after issuance and that the addition would "plunge my windows into darkness." She said certified pre-application notice was returned undelivered and that the applicant never knocked on her door.

Appellant counsel Brian O'Neil asked the board to grant the appeal and require a side setback and removal of cantilevered upper-floor portions to protect remaining indirect light to the home.

Permit holder Matt Manteuffel said he undertook the required pre-application and Section 3.11 neighborhood notice steps, mailed certified pre-application packets to adjacent properties and met neighbors who responded; he and his design team modified plans per planning staff guidance and offered to remove clerestory windows as a concession.

Planning Department Deputy Zoning Administrator Tina Tam reviewed the record and said the required notices were mailed (pre-application notices on 09/28/2021 and 3.11 notices in April 2022), a poster was posted on the property, and the project meets planning code and residential design guidelines. DBI representative Matthew Green told commissioners DBI reviewed the project and found it code-compliant; DBI supported upholding the permit and supported the applicant's offer to remove clerestory windows.

Commissioners discussed a mail-delivery breakdown in which a certified pre-application notice was returned to the project sponsor and conceded this was unfortunate for the next-door neighbor. President Switt moved to deny the substantive appeal while ordering the permit holder to revise the issued plans to remove the south-facing bedroom windows (referencing Exhibit L in the permit-holder's brief) to address privacy concerns. The motion passed 5-0. President Switt said staff will contact the permit holder about revising plans and that a rehearing request period remains open.