Specifically. Thank you. Ok. So unless permit holder wants to speak, we can just move this into being submitted. We cannot withdrawal the appeal because we didnt hear from all four of the appellants so we need to take action and up hold or grantor deny the appeal. Im going to move to deny the appeal on the basis that the items that they were objecting to were already existing items and not new items. Vice president , am i correct in saying that you are the bases includes the fact that the items of concern are not under the permit that is being appealed, it was under a previous permit, is that right . They did better. On that motion from the Vice President , commissioner. Aye. Press honda. Aye. And commissioner wilson. Aye. That motion passes. And this appeal is denied. Thank you. I know that were going out of order but with the president s consent well call item 7, which is appeal 17182. Jennifer mcallister and jerry bonafair versus the department of building inspections. This is at 2119 22nd street protesting the issue of novemben alteration permit comply with notice of violation number 20177982. Replace west Property Line row training wall, the cribing system and new basement foundation. Good evening, welcome and prior to you starting, i apologize, this is been a unique evening and sorry weve taken this many cases out of order. Please, start, sir. Good evening and welcome. Please speak in to the microphone. Thank you. Im going to have pat. Well welcome. My name is pat buksavich. First, theres a substantial structural issue at this site. There are one property on 22nd street, represented by mr. Santos and three downhill neighbors. Theyre rightly concerned. They believe its the projects not been transparent. Whether it is or not to date i dont care. Im here to try to figure out how to get this solved. They also have Foundation Issues the retaining walls between the properties are leaning over and its a pretty complex issue, because the projects sponsor is building is restraining one of the walls that is retaining wall thats actually leaning over. I have had discussions with their engineer, actually we were outside talking in the hall, trying to figure out a solution to this. As far as i can tell, everybody wants to fix this problem. Its everybodys problem and its everybodys solution. To date, ive been pro bono by i said theres serious legal concerns about walls, its way above my pay grade, so theyve retained a lawyer patterson. My suggestion on the next step, is a joint site visit which mr. Santos has agreed to. So we can figure out means and methods on how they build this wall. Because theyre uphill. Theres walls that intersect this and i dont think they can build their structure without a joint design from us, which as far as i can tell, my client wants it, i think the neighbors who i dont represent also want it. Theyve got to come up with some shoreing system and some issues with Property Line issues. Theyve got to get that resolved first. And the foundation is particularly 22nd street, will be required to be braced on the downhill neighbor. This issue, which normally means and methods is left to the contractor, cant be left to the contractor here. It needs to be resolved as part of the design. It cant be worked out in the field, its got to be in my mind , i think the closing will disagree. In my mind, the means and methods have to be part of the drawings. As such, the drawings will have to be modified to design for how you hold the building up on the hill, how you hold the dirt back , and how you take out the foundation, which to be honest has failed, and put in a new foundation. And this is a really complex system. So, what ive requested, i was turned down but i asked, the case be continued for two weeks so that the two engineers can come up with a means and methods on how to do the work and how to change the drawings so that a special conditions drawing be shown on the means and methods on how to build this. You guys are going to be here in two weeks, the project is not going to start, in my mind, until brace are installed. Its not safe to do this work. And to be honest the bracing are done on the downhill neighbor. Theres a concern well enter the winter and the walls arent safe. I share that concern. The first step is to install the braces and that can be done very quickly and very easily now and while the braces and walls are stabilized, the actual means and methods can be designed and a special condition means and methods brought back to the board. I request it be continued until the design is done. I really dont want to have another project where we rush into a design, dig ourselves into a corner and then go what do we do now. This is a tall vertical cut to rush into it with the comment weve got to do something really quick. Real quick is install braces now and come back in two weeks. Thank you, commissioners. We can hear from the permit holder now. Is there someone that will speak on behalf of the permit holder . Good evening. Welcome. Welcome mr. Santos. Commissioners, happy new year why now from the neighbor . We are interactive with the neighbor when we started this process. Why now from mr. Buskovery much. I talked to him a few months ago we have a system that covers precisely what mr. Buskovich suggested. We have a sequence of construction. We have a shoreing design, we have a method of implementation. We can do all that work within our boundaries. We have a properlyissued permit fully veted by d. B. I. And more importantly, by a licenseed Geo Technical engineer who will be on site during the implementation. Or delay it for two more weeks, lets meet two weeks from now. Why . Its going to rain in the next few days. We have a contractor. We have a permit. Weve spoken to d. B. I. Whats time going to do for us . Were building a retaining wall that is required. Were building a retaining wall, at my clients cost. Were not asking to share for this wall. Thats usually what happens in this situation. They share the cost. That Foundation Wall is helping us both. Were not asking for that. My client is paying for the entire cost of that wall. My client has a properlyissued permit. We started the work. We have operation systems. We have insurance systems. I dont understand. Just suddenly they brought some Structural Engineer. Three hours before the hearing. What happens in two weeks . What if they have some other engineer . When do we build this wall . Were responding to a notice of violation. This is not just a voluntary response, were responding to the what the city wants us to document is demanding us to replace a failing retaining wall these commissioners let us restart the work. We will be following the procedures of d. B. I. , full inspections. Special inspections will be filed. Well be contacting d. B. I. Every time we do a foundation pour. I would be more than happy to invite mr. Buskavich to the site during the inspections. We have no issues with that. I have no issues with that, of course. But theres no reason to keep this suspension going. We need to implement this work. This is a structural emergency. Thank you, commissioners. Good evening, welcome. Good evening. Id like to thank the board of appeals first for moving our hearing up two weeks and that is to mr. Santos point, this is a construction emergency. Prior to retaining him, by the way, this is my husband michael, co own of 2119 22nd street. Were here today to help explain how appeal is a threat to michael and mys safety. Our homeys stability relies on a 75foot long failing retaining wall that is shared by four properties, ours on 22nd street and three perpendicular lots on kansas street. For our home Home Inspection on july 5th, 2016, we hired a Structural Engineer, not mr. Santos, a different firm, whose findings were the wall was unfailing long ago. Its rapid decline had begun recently. Its failure was imminent and its replacement was unavoidable additionly, our home mostly lacks a foundation. Its an old home, its one of the oldest on the block, if not one of the older ones in the neighborhood. Theres no foundation in a lot of places. We have plans to shore everything up from the places that are stable in the home. Since the home lacks a foundation, the house lanes towards the retaining wall with such severity weve had window panes shatter and walls in the interior walls crack. This house, before we bought it, would have been torn down and replaced had we not bought it. Im not a developer, i respect the neighborhood character and enjoy rehabing old homes. I love this home immediately and we want to refurbish it. So upon purchasing the home, we mailed and hand delivered a letter to all the adjacent neighbors on august 22nd, 2016, stating our intent to fix the retaining wall and restore the home and we invited anyone to get in touch. Also, as the new neighbors, we intended to fix the failing retaining wall at our own cost. We met with four owners of two properties who did respond, 1,000 kansas never responded to our letter. Starting even prior to our move in, michael hired a lot surveyor and i interviewed engineers and 30 general contractors. Our structural plans have been veted by the Building Department , and additionly by two other Structural Engineers. I asked independently review them who both cited the plans as more conservative than what they would have done. So on that basis our permit was approved. So since this appeal generated a stopwork order only two and a half days after construction began, were stuck at a point midway through the prep work, with no door, with part of our walls removed, leaving our home wide open, safe for construction gate. While we wait, rain runs down the interior old growth red wood which i had intended to save as much as possible. We moved into this house march 1st, 2017 and on april 11th, i spoke with jerry to schedule access to their backyard for our lot surveyor. Instead he changed the conversation to say he contacted a lawyer and implied i would have to pay for an additional retaining wall not on our property and i asked him to clarify precisely. Your time is up but you will have time on rebuttle. Commissioners, questions . Are you occupying the building . Sorry. Are you occupying this building . We are. Yeah. The eastside of it. Were going to hear from the departments first and you will have time under rebuttle. Inspector duffy. Welcome back. Joe duffy d. B. I. The Building Permit application under tonight is to comply the notice of vile i guess 207113982 replace retaining wall with a new basement foundation. The permit was on the seventh of september 2017. And issued on october the sixth, 2017. We had some permit that cause canceled because the contractor tried to remove his name off it but we reinstated it. He should have been changing contractors so we realized it was clerical work. The permit got reinstated and suspended due to the appeal. As you heard the permit is to comply with the notice of violation. D. B. I. Received a complaint on april 14th, 2017, of the address of 2119 22nd street. Rear right hand Corner Foundation on the west side of the house has slide and moved towards the neighbors side. Water is coming through the cracks in to the neighbors yard that was an anonymous complaint. D. B. I. Went out there within a week, issued a notice of violation, dated april 25th, 2017. A complete investigation has revealed the House Foundation and the retaining wall on the west property has been compromised. By a Building Permit application with plans from obtaining an evaluation from a license design professional, obtain a permit to reflect repairs or replacement, theres time limits on that. The time limits werent met so we referred the case to our Code Enforcement where its been gone through the Code Enforcement process and its ended up as an order of abatement posted on the property in november. So obviously, the permit itself from a d. B. I. Point of view, its a permit thats required. Its been reviewed by our plan check and it appears that it was properly issued. We did have three other properties that this retaining wall involved. I think you heard that already. We did also issue three notices of violation for a property and the other three properties. We do not have any permits yet filed to comply with those notices of violation. So were waiting on the three other Property Owners to file a permit for that. According to my notice of violation anyway. One of the them was 1015 kansas street. 1003 kansas street. And 1001 kansas street. I just wanted to let you know that. Im available for any questions. Mr. Duffy, the appellant representative brings fourth the theyll need to brace the retain ing wall. That is the subject of a separate permit, isnt it . Two permits . The permit holder. The appellants. I assume the drawings i believe the permit talks about bracing. No, no. The people arguing against this permit yes. If theyre bracing their retaining wall, which is leaning , that would require a permit for each of those three properties. Correct, yes, thats right. To be honest with you, i was at the counter when the appellant came to speak to us about it. I encouraged them to work with the other Property Owners to resolve this. We have this situation throughout the city with these retaining walls, they crack, they stretch across Property Lines, sometimes they go over Property Lines but the key here is theyve got to Work Together to get this resolved and its disappointing that were out on appellant. I dont encourage that from the work go. As you heard tonight, theyre talking in the halls. This needs to be cooperation between all the Property Owners to get this work done. Now mr. Santos said tonight in his presentation, that he can do all the work on his side from his side and i did hear that before. D. B. I. Is there to monitor that as well of course. And we should be out there before the work resumes to encourage if the permit is upheld of course, to ensure that there is no danger to any other neighbors properties while this work would be being done. If that was the case, we could take action via another notice of violation. We would recommend that if everybodys got a separate engineer that the engineers come up with the solution, and we wouldnt allow any work if we felt it was unsafe to proceed, if that was the case. Inspector duffy, have you done a site visit . I have not, no. The Structural Engineer, santos, indicated that its a structural emergency. I mean, i myself allowed the two week move up just because the rain and from hearing the case. I mean, given its on a hill and we are raining, i mean, what do you feel the condition of the site is right now . I believe that the wall has been failed for a while and its not an imminent hazard or danger its a hazard but not imminent. That was the key word. I do not believe we received a report to that effect from mr. Santos. Had we, we would have acted on that. We did have discussions around the time when the permit was reinstated but i dont think anybody was worried that it was imminent and therefore, i would agree with you, if we thought it was imminent we could even override the appeal if it was something needed to be done to make the condition safer. Obviously, with that being said, we would like this done as soon as possible. We dont want to wait. I mean, one thing i dont want to see here, with all due respect to the lawyers, lawyers get involved, we have a lawsuit. We dont need anymore holdups here. We need cooperation between the Property Owners to get the work done. With the inspection process we need to be involved in it. If the appellants get concerned, we will go there and we know he is going to be probably letting me know if theres an issue with this. Very well, thank you, inspector duffy. Is there any Public Comment on this item . Step forward, please. Good evening, welcome. Hi, thank you. My name is Jessica Jenkins im a San Francisco resident and property owner. Ive been friends with bryn and michael since they were living in a tiny overpriced studio saving up for a down payment scouring real estate listings for a fixer upper they could afford. Since they bought this property, they have communicated with both the tenants who were living there when they moved in. They helped them recoup money from a Master Tenant who had been illegally charging them too much money. They worked with all their neighbors. Theyve been communicating, as far as i can tell, in pepsi theyve been communicating well. Ive been to the house. It seems really unsafe to me. You put a glass of water on the coffee table and the angle of the water of the glass is like this. I wont bring my kids to her house. Shes that afraid they were going to fall through the floor or something. To me, its really unfortunate that a neighborhood like this and has not responded to her. Reaching out to him can prevent her from moving forward and making this a really nice renovated home. Make particular a nice nice dwelling for many homes. I just hope it would be really unfortunate if this property continues to be almost uninhabitable, the only reason, i dont know how most people live there but they have a highrisk tolerance level. And cant afford to live anywhere else during the meantime. I had the chance when i was visiting the east coast to visit a house which brynn had renovated. The quality of the work was incredible. Its always good when people restore these old house, spend the effort to do it right and work with their neighbors to keep the housing stock. So id also like to support her project and keep her house from sliding down the hill and hope you can let this project move forward. Thank you. Any other speakers . Seeing no other speaker. We will take rebuttal from the appellant. Three minutes from the appellant. Is this Public Comment . Okay. Public comment. Next speaker come up. If theres anyone else that would like to speak, could you please line up on the left side. First person please come to the mic. Good evening and welcome. Just nervous speaking in public. Im the owner of the property 1015 kansas. I wanted to address the point that we didnt respond to the department of building when they put the