Windows here and the addition will be set back 15 feet to respect the neighbors light and air on the windows weve also set back the property 3 feet from his property to allow for more air to his already in darkness light well this the scale of the building which the way less than the dr requests massing on the block we have a letter from the neighbor on the right of the Property Question also have an extensive shadow study since the subject property is north of the dr requester there is no way we can cast a shadow on the neighbors i have all the drawings here showing the different times of the years and the neighbors is casting shadows onto the subject property we believe that the dr requester has views from his windows well be blocking with additional footage so in conclusion we would like to to respectfully request that the dr be denied. Thank you. Thank you other members of the public who wish to speak in support of project sponsor. Okay. Seeing none dr requester you have a two minute rebuttal. Im actually going to just continue what i was trying to say the communication one of the Major Concerns its inadequate because what you have here okay by the way, you have a full bathroom i dont know how that is on the main floor i dont know how that got done but what we have here if you see this area you have a the 2 floors but this area here you have the stairs going down yet theyre going to have this be the last floor and if you go to the sections youll find out that i dont know just uhhuh if you go to the sections youll photo there is a basement floor and fwlarg and beyond that garage floor this is renovated i know this because i looked at the plans and this was not sent to the neighbors the first objection to resend the notification to the neighbors but you have two ground floor on the ground not seen by the neighbors in addition to that let our project sponsor not convince you the only opposition is from the neighbor its from a whole a lot of the neighbors across and down the street theyve written letters its 6 oclock now theres no conflict with respect to make concession i called the architect and we talked about it but they said no theres going to do anything. Your time is up. Thank you project sponsor you have two minutes. We actually got an email from the lawyers of the dr requester and we actually tried to compromise and proposed to move the additions further back and to bring out another point from a person thats against the project were not will blocking his air across the street only views and theyre not protected by the Planning Department and the light well, this is in darkness we cant possibly be blocking his light and air on the neighbors its not possible so the we totally in keeping with we met in the Planning Department and went over the guidelines and regulations and in flu compliance with the project weve been delayed for most it was july 21st and now this is the middle of october and along the way weve had roadblocks weve mitigated with them theyve agreed to support the project for those reasons we would like the commissioner to have the Zoning Administrator denied and the project move forward thank you. With that, the Public Comment is closed no, im sorry sir, in the commissioners have questions theyll ask you. Commissioner antonini. Yeah. I port the project for the reasons states first of all, its been pointed out that the subject property is to the north of the dr requester its hard for light and air to be blocked by the project it is where its located secondly, the project sponsor has set back the project 15 feet in the front that is respectful of the Property Line windows but the set back likewise those to be exposed and 3 foot set back all along by the project sponsor that allows what light to get into the light well, for the dr requester so i think this was answers all the concerns that were raised except for privacy and i think from what i can tell the windows are quite a ways away from the project and bring in shades but i dont know why they have to change their design in regards to the privacy issue. Commissioner hillis. I agree i dont see anything extraordinary kind of the front deck maybe you can address i think and i agree with the commenter we see a lot of 0 boxes we set back them 15 feet their supposing not available but take up 15 foot with the deck. The 15 feet the neighborhood has windows on the Property Line we had to push the front of the building up to 15 feet to allow for the windows to maintain daylight and air so in addition to the neighborhood. You said do front of the on top of box is set back 15 feet. The addition is set back 15 feet. We were able to build closer to the Property Line if not for the windows on the neighbors Property Line. No, i get it so thats all i dont know if theres this is going to take off the deck but it kind of enhances i even its good to at the time e set it back 15 feet the point is not see the third floor addition. Commissioner antonini. Yeah. I can sort of see what commissioner hillis is saying but basically our eye probably as long as the deck is pretty flat theres a clear railing there; is that correct theres clear glass or something i dont think it imposes ill move to not take dr and approve. Second. Commissioner johnson. Thank you i have a quick question of what im looking at my question for the project sponsor is are they taking a two unit building and adding a floor a usable floor to each one . In the proposal is two units and the proposal is two units. So the existing unit has two usable floors. The basement is being weve refurnished. Its part of the im reiterating the refictitious t is part of the remodel after the remodel basement will have one or two bedrooms so you have two units both of them have two floors. Thats correct. Okay. Thats clarifying what i was going to ask. Commissioner richards. One of the things this must be my day ive lived across the street when my architects had a dr situation and actually, it is not as bad as you think it doesnt have it is not massive and theres a lot more light and air and certainly the railings is not as high as the building given 4 feet it doesnt raise the building with the shaping landscaping commissioners, we have a motion and a second not take dr. Commissioner antonini commissioner hillis commissioner johnson commissioner richards commissioner fong and commissioner president wu so moved, commissioners, that motion passes unanimously 6 to zero and places you on item 15 at 3826 to 28 Caesar Chavez discretionary review. Good evening Planning Commission david washington the south west team leader the subject proposals an sharlz street to reduce two illegal units on he Caesar Chavez street between delores and Church Property is 25 street flowage and one hundred and 14 feet deep with a twostory victorian that contains two stories in 1990 with one thousand 4 hundred and 37 square feet the detached cottage is between three and four hundred square feet the Property Owner died and the two legal flats are vacant and it is the tenant is residing on the property since 2345067 paying over 1,400 per month it appears it is in existence for a few decades that is confirmed by a Planning Department the tenant called dbi and the Planning Department approved the permit and ms. Miller appealed the permit and it was substantially suspended the board permit hearing it was currently pending the board of permit is preponderance of the evidence the outcome of the plan for the review issues raised if the b r application dont pertain to the guidelines it was determined the mayors policy applies to property with 3 or more legal units also the chiu legislation the only avenue of legal cottage will need to be initiated by the Property Owner and have to be eligible for prescreening as stated earlier the subject owner died in july 2013 and handled by an unrelated neighbor Neither Party is ready to navigate of the process they found it hard to have the people participate in the Legal Process that concludes my presentation. Im more than happy to answer questions and dr esquire requester. The dr requester present. Okay. Evelyn miller is not here any Public Comment supporting the dr requester project sponsor. You have to come to the podium to speak. Im the trustee for Ella Campbell we have a list of all the neighbors that has that are in support of the permit and basically, were trying to do is sell the building most of the hearings live in germany and also in the neighborhood for 40 years ive lived in the neighborhood almost 50 years ive been looking after here all those years and she made me trustee in ore will the bottom line were going to sell the building as a legal two unit building and this is the building in the back sort of mud he lives that picture whatever happens after the building gets sold t is up to the new owner if they want to go with the city and made it into an illegal unit basically, were moving the refrigerator and the stove incorporating it into the lower unit a leadership, a dining room a kitchen and bathroom the woman that lived there lived in the dining room the electricity and water come to the lower cottage we dont know when this was done so. Okay. Thank you are there members of the public in support of the Property Owner . If youd like to speak i support the project i with all the neighbors except two they were on vacation submitted their signatures and i think thats part of our package im not going to read off all the names bye we all support the project only to incorporate i helped to take care of her prior to her dying ive known her inform 10 years thats what she wanted so thats what were asking. Okay. Thank you so formerly i believe we should offer the dr requester a rebuttal and the project sponsor if you want it. I dont know what to say other than as the trusting trustee to carry out the wishes of the disease only to say the entire time she lived in the building she never charged the appropriate rent for what she was offering people also below rent and never raised the rent to anyone that lived in her building he was the ideal landlord. Okay. Thank you without the public hearing is closed okay. Thank you to commissioner commissioner richards. I appreciate the honesty of doctors but not letting us take dr regarding the mayors policy its a play on words two or three legal units this is an Affordable Housing unit if we dont take dr were creating more have a problem than were trying to solve i couldnt sleep at night without doing that. Commissioner hillis yeah. My question to the i know im getting confused why not sell it as is with the tenant in there commissioner richards is right what if we grant this permit youve got to take a kitchen out of somebodys living room if youre intent to sell it for thees state why not sell it it probable has more value. If it were a legal unit it could. Hes the trustee not a relative hes given the task of selling this prompt where you have a tenant that shows shes going to fight and delay the process quite a bit so if his job he simply doesnt have the money to go through the Legal Process and the value of property will go down significantly if it is on a illegal unit along with a tenant that is not cooperative. Properties are sold all the time. Recommendations the Planning Department after they did a thorough review of the situation that was basically a shack at at some point in the 18 hundreds its metered to the lower units and just briefly from any experience going to devalue that building so i guess his duty is to sell this prorty at the highest value it will be a problem to sell based on the realtor weve tacked to when you have a litigious tenant. So say if you have tenants in the other units that will be higher value. This was the owners unit and essentially it is an space just from a practical standpoint she will not be able to stay shes not a protected tenant. This is not a rent boards were not she and okay eject we got it. At the same time someone is going to move on her moss. Commissioner antonini and i have a question for the attorney as far as the tenant is concerned hes been there since 2006 does she have a lease. A month to month. What was she informed this is not a legal unit. We have no idea the landlady is deceased were working for the trustee and unfortunately, we dont have the dr requester to answer those questions. Its not respect. It would be different in the tenant knew our renting this place to you but it san antonio isnt a legal unit you have no protections under the law and if something happens to me, you have to leafs leaf its hard to find out unless you do research this is important to know the other part youre talking about the lower unit and youre saying the cottage is used or would be used as sort of a bedroom space for the lower unit because the lower unit. The Planning Department agreed with our assessment of it it would be considered an adjunct space so its almost as if she were renting a portion of her own unit if a person is living in our own unit you dont need justice cause. Okay. Technically considered the cottage is considered part of the lower unit. Right. And where. It is it is its all metered together and the Planning Department determined it is part of the adjunct space if you read the Planning Department their determination thats metered that way as well under the law even if the owner lived in that unit in the lower unit she could actually determine the tendency of that space without cause. Andz i have another question when the disease woman mrs. Campbell lived there where did she live without a bedroom in the front. She lived in the dining room its an old space and paid for the housing guests she could be termed without cause. Andz. Either in the board law but the main gist of our petition he didnt want to sell this as an illegal unit you the two issues one in our provision whether or not the kitchen should remain with the illegal united and the issue of the tenant which is not she is not protected but thats not for us to determine. Its really is sort of the same issue. Its a little bit related the other part we cant as a commission force you or a future buyer to legalize that its kind of a hard situation. The Planning Committee realize that. Its staffs recommendation thank you for your time and other commissioners have questions. Commissioner richards. I guess what gets me its confident for the entertainment to be there to pay money but now well kick her out this is whats happening to our city i could not ever support that just sell the building as is. What did you do as somebody theyve lived there shes gotten value at a reduced price this is happening, sir all over the city. Im talking about all over the city how many landlords do you have died. Sir, sir this is where ill ask the City Attorney well take dr and take the permit can he have it legalized and take the dr and demolish the entire structure i cant give them that. Take dr and deny. Take dr. Commissioner president wu kate from the City Attorneys office there are a couple of options here im going to try to lay out and planning staff may have something to offer the commission cant take dr and approve the project or not take dr and approve that the commission couldnt force the owner or the trustee to affirmatively apply for another permit to legalize the unit what will happen is the Building Permit is ultimately appeal able to the board of appeals theres not an you outstanding notice of violation on the project that this owner has come in voluntarily to try to legalize or try to get rid of the illegal unit but this commission does have the ability in disapproving the permit under section 207. 3 so and as you noted this commission doesnt have authority over what happens to the tenant that is a separate matter for the rent board to you to continue it and take dr and disapprove or approve with conditions of some sort. Can we approve the entire structure. No. Were moving an illegal unit be lets get rid of it we cant do that