Good evening and welcome to the wednesday, august 5, 2015, of the San FranciscoGeneral Hospital the presiding officer is ann lazarus and joined pie commissioner Vice President honda and commissioner swig and commissioner Bobbie Wilson to my right is tom owen the deputy City Attorney that provides the board with legal advice and the process clerk im Cynthia Goldstein the boards executive director were joined by representatives from the city departments that have cases before the board Scott SanchezPlanning Department and representing the Planning Department and Planning Commission and joined by joe duffy representing the building inspection the completed speaker cards and documents to be included should be submitted to the clerk. Items acted upon today will appear on the permit holder have 7 minutes inform present their case people affiliated with the parties must be conclude their comments within the 7 minutes and please speak into the end of the microphone to assist the board with the preparation of minutes youre asked not required to submit a Business Card to board staff theyre available on the directly from sfgovtv. Thank you for your attention. Well conduct our swearing in process. If you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do. Please note any of the members may speak without taking mroound and rebroadcast on fridays channel 26 now well swear in or affirm all who want to testify mroound if you intend to testify and you wish to arranged and say i do after you have been sworn in please remain standing do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . Okay. Thank you commissioners we have one housekeeping item this evening thank you we have one this has to do with item 7 ab we justify received a withdrawal of those appeals will not be heard this evening back to number one general Public Comment if anyone would hike to speak on a matter between the board subject matter jurisdiction not on tonights calendar anyone for general Public Comment seeing none, well move to item 2 commissioners questions or comments commissioners. Yes. I would like to thank mr. Pacheco our past clerk for all our service that that was and wish him all the luck in florida. Any commissioners comments any Public Comment on item 2 okay item 3 the boards consideration of the july 22, 2015, minutes commissioners any additions, deletions, or changes deletions to the minutes if not may i have a motion to approval of the minutes. So moved. We have a motion from commissioner Vice President honda to do you want the minutes any Public Comment on this motion . Seeing none, then we will call the roll starting with commissioner president lazarus commissioner fung commissioner wilson commissioner swig thank you the that motion carries 5 to zero im not sure what to do with the next item without inspector duffy here hes been detailed commissioner president lazarus its a short item item number 5 for two rehearing requests on eureka street the board received a letter from the appellants for the appeal number 071 and 2 for the dbi actually now im reading this may be we cant hear that one either. That is also dr related so the only one that isnt involving the department of building inspection is item number 9 so shall we move on to that one. Okay all right. My apologies to the audience well call the next davis versus the Zoning Administrator on beach street protesting to b. J. Request for release of superstition asking the department of building inspection release the suspensions because the Planning Department is saying the elevator is constructed in substantial conformity with the approved plans i wish to disclose he have an existing relationship with the reuben, junius rose as council on a separate project reuben, junius rose of the entity will not have any effect on any decision today. Madam clerk perhaps check to make sure that both parties are fully represented. Is the judge checking to make sure that the parties are fully here and represented. I see so and is there someone representing the permit holder okay i understand i mean to be clear we do tell all parties to be here anothers 5 oclock for those types of situations. Do we know how long mr. Duffy. Im texting him right now. Okay. Scott sanchez Planning Department while this is an appeal regarding the release of superstition for a Building Permit is involves the Building Permit i dont know if there will be questions about the Building Department it gets into the details of the agenda i know that inspector duffy is valuable in all those decisions. Actually, we dont need his presence here we can hear the case. Your california i prefer not to have us sit here for business i think theres no guarantee as to what time any item will be called. You want to proceed with the first case on the calendar item 4 . Okay we will then call item 4 which is appeal clemente versus the department of building inspection the property on presidio avenue protesting the project of on altercation permit remodeling the exterior walls on the fourth story on the 12 story front yard no work to the front facade were going to proceed shall we begin . But before he do i need to recuse in front of because of a financial issue ill ask someone to chair the meeting. So the appellant for item number 4 appellant please step forward. Okay. So you have 7 minutes to present your case. Good evening madam president and members of the board im laney architect for the appellant angle who are neighbors to the north of the project site we roll call request new conditions be placed on the permit along the Northern Property line that addresses privacy light and air for the walkway will be implemented on two levels under the expansion we filled the appeal because the project was not represented to the Planning Commission and Design Review i was not the architect at that point, the professional was turned away at the podium due to a procedural times allotment i was retained shortly thereafter more recently, we had to handle the appeal when the we had been hopefully, when contacted on may 29th they were trying to settle on the first 3 issues that were initially filed it would be amiss characterization to say we were the only one adding to the settlement we expanded simply to revolve any and all issues between the parties were not here to challenge the envelope but to request the conditions on the project that a refinement to cite specific issues the money indications you have all the documents there. You need the overhead. Ill continue because of the first condition. Overhead. Dont touch that, please. On the fourth story by removing the closet by the larger lightwell the scope will bring in more light and air to the staircase we were willing to accept a modification represent by the permit holder on may 29th that was issued before us and the second condition to add a note to the protrusions of the deck along the Northern Property line and the 3 foot setback was required by the projector planner no november of 2014 specific revision is consistent with the San Francisco planner to reduce the intrusion on the secondstory and insure the air clear of the features we know that vents and decks and things on elevations sometimes pop up unnaturally and the third condition to have a distance between the property this treatment will not meant to be requested as the our values will require installation of the exterior walls fourth condition to remove repair and replace the existing vents along the Northern Property line and an initial survey done indicated that the Property Line was that the fence that is on the common fence on the Property Line was there was encroachment and it was on the appellants property so, anyway we believe those conditions would have been well received during the residential design their humble and clearly dont impact the development ive watched the appellants but not seen it so for that extends to any concerns of the measures ive watched the board on complicated issues but modifying walls this is an opportunity to make an Immediate Impact to balance between the neighbors and refine part of the codes that codes that are designed to do large things to maintain the open factors of the city we have smaller goals i believe that codes can be refined in specific ways to accommodate specific site issues we thank you for the opportunity to present i do and hope youll be compelled to refine our code and restore neighborhood respect im going to turn it over to angle a dear members of the board im angel one of the owners of the presidio avenue thank you for the opportunity to be here tonight with any husband clemente our architect lonnie our neighbor john to appeal to you to please consider the modest concerns as a Real Estate Agent of years i know the value of light every buyer ive helped to purchase asked for light as a owner of presidio for 4 two years i appreciative my clients request and put o is it on the top of search list the classification is not correct our new attorney dennis has exchanged many emails and phone calls and a meeting with mr. Silverman in an effort to resolve this matter the negotiations were stand to resolve all issues between the parties and insure that the construction project itself preceded without problems because the project will block assess to the fence between our properties and the damage to the retaining wall that was important to correct that issue as part of the negotiations in that regard we understand the Property Owners we sent over an agreement an agreement that mature roof encroachments that will be acknowledged they responded on july 13th we need to remove part of the roof when by the suggested to understand how that would negatively impact they said no negotiation thank you very much for your time and attention maam. Yes. I did not understand that part about your roof is that encroach over the Property Line. Well, the 3 homes were built in 1939 to 44 those are the original roof the encroachment each roof is encroaching each other slightly about an inch and the surveyor told me that happens a lot what was important to us in the back and ive shown a picture there earlier sorry ill put this back our house is you see the white trim there and the fence is actually sorry im sorry im not vaccinated at using that the fence comes into our building that is how i actually. I understand i wasnt sure about that. The Boundary Line thank you. Thank you. Okay. Well hear permit holders im sorry. Im john. Your time to speak b will come up in a few minutes we need to hear from the permit holder. Im here on behalf of prorldz john and janet i have a power point presentation if you could bring up the graphic please mr. Vice president and commissioners, thank you for hearing us tonight i want to briefly review the project graphing to you understand the volumes and the minimal impact on the neighbors project review from the very outset for a modest with a ground story an upper store that was setback to minimize impacts on adjacent yards what you see is an excerpt of the residential guidelines it shows a prevailing wall a firststory fourth story is permitted if it is setback to be subordinate and fairly invisible from the public rightofway here you see the subject property in the middle surrounded by the adjacent buildings on the left is the appellants property and shaded you saw the new upper story edition it is heightened behind the participate that is shaded areas in green show you the addition you can see the ground story pop out doesnt extend into the rear yard and this you were story edition is set away from the Main Building wall to the rear making it less intrusive youve heard about the appellants 44 requests they called conditions the first thing is enlarge the lightwell our response is that lightwell is redesigned it and meets the residential guidelines it was supported by Planning Department staff and approved unanimously at a public hearing by the Planning Commission that will have some effect on the neighboring light in the lightwell but many effect is minimal it is a common place thing offer made the the family earlier to enlarge the lightwell more was contingent upon the appellants what are you this appeal and avoiding the appeal since that didnt happen that offer was pulled if the table on the left in plan out proposed building next to the appellants their lightwell or proposed let that matches in width the depth required by the guidelines the guideline excerpt on the right shows you an identical situation it is not as deep always the existing but meets the standards of meeting light and air to the lightwell second condition was to insure that there restrictions on any minor plumbing or mechanic or other pro tuitions from that area at the second floor depth weve already set the railing on that roof deck away from the Property Line at the request of the Planning Department and provided a glass railing there both to minimize the intrusion maximize privacy to the yard blow and that translucent allows the light that separates the house per all new construction meets the current code we expect that new construction will steady the noise on the properties of existing the Property Line with the restrictions took place with the appellants property is a bedroom we dont expect to have plumbing vents or other vents penetrating this location there are no restrictions on this property for those assembles and the code requirements that require fire resistant between the properties are adequate and on place on thousands of properties throughout the city nothing special the thirst condition is a similar one to isolate the prompt property walls will be with the code San Francisco requirements there is no reason to do anything special outside the coincide requirements to protect the adjacent properties again, no special circumstances so moving on to the fourth condition the fence along the Northern Property line that fence was recently replaced the Construction Cost was shared by both neighbors the folks were involved in the construction process and at the completion of the fence sent a letter or email they felt the contractor did a good job and happy with that as it turns out the survey shows on obstruction with the Property Line fence that fence is not part of psychologically scope of that permit not before this board and typically alleged the Property Line encroachment should be resolved outside this commission and that should remove the roof encroachment that is considering ably larger i have a photo that the commissioner is looking for in short, were sorry were unable to resolve this negotiations broke down and this project is modest entirely approvalable the Planning Department made no error and the unanimous approval not to take dr shows the Planning Commission supported this project so we respectfully request that you uphold the permit and allow this edition to proceed and then that shows the front Property Line encroachment of the ease of ogden property on the left thank you for your time. Thank you sir, the drawings dont talk about the party Property Line wall that much the installation you referred to are thermal installations very little acutely value. There are limits to the noise transition on the Property Lines an s t c. Thats on for condos. Thats only for condos. Thats right. Any, any case the chaublg have an can you feel benefit. Mr. Sanchez thank you Scott SanchezPlanning Department that property is located within an rh1 sdrrn with the notification last fall between september and october of last year there was one discretionary review filed that was by the appellant the project was reviewed by the design team prior to notification and after filing the discretionary review request the Second Review the design team was taking into consideration the concerns by the appellant and requested that the first year deck railing be setback the project sponsor made those it went forward and it was approved and didnt take discretionary review and no exceptional or extraordinary circumstances this is a fully compliant the Residential Design Team looked at this twice both times with the change after the Second Review met the residential guidelines the commission uphold that commission and now before i on appeal very specific changes the department didnt find exceptional or extraordinary circumstances that warrant imposition of the conditions we dont agree with the presentation by the permit holder those conditions with not necessary it is a straightforward matter but available to answer any questions you may have thank you. Thank you