Notice has a description that referenced a four story project. It definitely referenced the newer plans. They are not what the old plans were, as mentioned. Thank you. Commissioners the matter is submitted. Time is over. I will start. One, it is really difficult to hear a case just orally, and that is why briefs are submitted and had certain questions been asked maybe some of those could have been answered here this evening. Other than that, i feel that this is a conforming project. It has gone on a long time there. Are no exemptions, no rare variances required. I feel a reason to deny the appeal and accept the project as it is. So if those plans if the correct plans would have been sent out, and that is the big thing in this conversation tonight, if those plans, the right plans would have come out and there would have been a Community Uproar on those plans for the reasons that have been also mentioned tonight, which is primarily the fourth floor and some view quarters, i would have looked at the plans and asked the same question i did of mr. Tieg tonight and his answers would have been the same, which is this is a compliant building, there are no variances, the setbacks are right, the rear yard is right, and it is not outside the general character of the immediate neighborhood, and, therefore, i would have denied the appeal under those circumstances. I think that is the crux. Even if the wrong plans were sent out, and the issue of the wrong plans being sent out we can continue and go through the process of going to the mailing house, but we are still coming back here, i believe, and find the permit was issued correctly. I think that would be our discussion, commissioners. There might be a case of due process, i dont know. Right. Go ahead. I was going to agree with that. Briefs are not required. It would have made it easier. It is a fairly convoluted conversation. It is clear what has occurred. I agree with commissioner lazarus there is a due process if it would merit the neighbors to have seen the correct ones or they may have seen the correct drawings if we can verify that is what they submitted. I may disagree with both the va and commissioner swig. I am not sure the fourth floor is contextual. It is very unusual that, you know, you have a hip roof and put a box behind it, you know. A lot of times when they want to use that to create an extra floor, they put dormers in there. I am not prepared to address those issues. I wasnt sure they were in front of us in terms of what the scale and context of the proposal. I would like to see it bust to rest whether there is a due process issue here. If there was the emotion to continue for those purposes i would support that motion. I would ask we continue for a short timeframe so the va can verify exactly what was sent out to the surrounding neighbors. How much time would you need . First is march 7th available for the permit holder and the appellant . Okay. Is it okay for the appellate . I move to continue it for two weeks to march 7th so the Planning Department can ascertain what was in the mailing. So there would be no additional submittals, just an answer verbally back in. I believe that is all we are looking for. On that motion from commissioner lazarus continued to march 7th to allow time for the Zoning Administrator to verify what plans were sent to the neighbors. President funk aye. There are three votes in favor and one opposed. That motion passes. Can we t we are returning to the february 21, 2018 meeting. We are calling item five. We are dealing with the street artist certificate denial. They are requesting a hearing of 171131. 131. They decided 50 to deny the appeal on the basis the appellant did not satisfy the requirements of the application. Three minutes. On the order audio the commissioner said even if it is a transient address like a shelter we will accept it. The new information is a shelter navigation house omission street which accepts mail. The place where the craft is produced is the Cultural Center anyone can rent space that is the physical location. The background or the continued merit less accusations against me. This application language for eight months without being acted upon with no reason given. Finally Cynthia Goldstein contacted the Arts Commission and that is what started the appeal. You see an email directing ann not to talk to me. She told him to confiscate artwork twice. Three has no subpoena power to attend todays meeting. Never applied with the board of appeals rules. I had to run repeatedly to get response briefs five times. I waited in the hallway of the street artists office at least 15 hours during Business Hours when the office was locked. You may recall the botched address investigation and the Task Force New information ordering the Arts Commission to provide a index of records regarding the permit investigation. Then there was the november 7th advisory meeting, a Public Meeting where i was factually details what took place at the board of appeals for the written Public Comment and treey doesnt know the rules. I contacted the supervisor and there is yet another pending sunshine hearing over that. This is very unclear as to why this would even happen. And tricky called a dishwasher at 129 east 60th street in a restaurant who does not speak english. He is not staff. He doesnt even know me. She probably will show photos and a email sent six months ago to howard lazar lieu has been re who has been retired. I was maced in 2017. I paid for a application in north beach which was denied. The Community Benefit district does not have street art spaces. I dont know anyone there. Please wrap up. These are the documents to support what i say. We can hear from the Arts Commission now. Hello, members of the board, thank you for your time and attention this evening. Identify yourself. I am ann tricky. Manager of the street Artist Program. I worked for the Arts Commission since september of 2013. I have prepared notes but in response to what miss treboux submitted. She did not submit an address. She has never submitted to the address an office of any sort which we could investigate. Just so you know the references, the street Artist Program is mandated by article 24 of the police code, section 3 says every person desiring recommendation pursuit to this shall file an application upon a form provided by the Arts Commission. Said application shall specify the applicants address and place where that work is produced known as a studio. She has not submitted an address to investigate the qualifications. We hear the requests as defined by board of appeals. They are to prevent manifest injustice showing facts or circumstances have arisen. Where they could have affected the outcome of the original hearing. In the request that the appellate filed on september 14, 2017 she does not claim extraordinary circumstances or manifest injustice nor provide material fact to affect the outcome. It is to require a home or studio address to show they make what they sell. She has never provided one. She said soma arts it is a Cultural Center run by the Arts Commission. We are the landlord. I dont believe you can have studios based there as far as i know. I know in the mission Cultural Center they have a print making studio. She has never submitted an application to make prints. Without seeing what the address was she submitted there is no way to investigate. She hasnt submitted anything. We have never been able to ascertain the addresses are correct. The board of appeals uphold the denial of permit and not have the rehearing. Thank you. I am happy to answer any questions. You dont have a record of either a home address or a studio address. If there was an oversight or if she did not have a street address or a address where she made the materials at that time, when could she reapply for a permit as she now seems to have a street address and a location where she makes the material . Can you clarify that for us, please . My understanding at any time she could submit an address to us which we would investigate. She has not to this date. If we deny the appeal today because we couldnt find any of the elements that you have placed forward and also there is no proof that there was an address filed for either purpose, then tomorrow would you accept her application for a permit if that street address for a residence and studio were supplied to you . My understanding is that based on a board of appeals decision then we have one year before she can apply again. Because she brought the case to board of appeals it depending on the decision of the board. Once you enter a decision it holds for a year, as far as i understand. If she had not brought it to the board of appeals and we were in the legal limbo she could have submitted the new address. We would investigate the address and proceed as such. Not that i dont believe you. We have the City Attorney and those are the questions to ask the city of attorney. I believe i advised on this same question the last time she tried to appeal the denial. It was the same issue failure to provide address. I believe under section 31, the business and tax code, the one year bar. There is an exception if there is a changed circumstance. I believe i advised that the new address could be considered change of circumstances by the department. If ms. Treboux is not living at that address or it was not available because she wasnt living there and if since the time that she applied for this permit she actually found and is manufacturing materials at a bona fide new address, in fact, that would be new circumstance and she could apply tomorrow . I think that could be a basis to invoke the exception in section 31. I want too know the rules, the legal. Thanks. That is my only question. Thank you very much. Is there any Public Comment on this item . Your time is up ms. Treboux. Unless the commissioners have a question the matter is submitted. We havent been presented with the information in fact there was a residence on this permit. We havent been presented with an address that there was a firm address and that has been inspected or confirmed by the Arts Commission where the material was being made, in the context of permit it would seem we would have to deny the appeal. I think it is important to surface as i just did with the City Attorney, that if ms. Trebouxs circumstances have changed since this was first dealt with that and she has a new address that is real for her residents and an address were, in fact, she is making bona fide materials, then if we deny the appeal tonight, that due to that change of circumstances that tomorrow morning due to that change of circumstances she could go down and start all over again . There is no more discussion. Page 12 of 75 is the address i gave. I live in new york. Ms. Treboux, please sit down. Last time she was given an opportunity to do that. This is a rehearing request. In this timeframe it hasnt been in successful in terms of an application in going through. I would like to deny the rehearing. It does not meet the circumstances for such a granting. The rehearing request is not the way to approach this. I dont want to. There is a motion to deny the request. Ms. Treboux. We will adjourn the meeting. I live in new york. I am going home. If this lady cant do a correct google map. She called an Historic Building in new york a japanese building. In page 12 of 75 of the original brief. [ inaudible ] ann, please. We have a motion from commissioner lazarus to deny the request. Request. Okay that motion passes. Thank you. Next item please. 6 0it is 171291 and 192. The first by rasa moss dealing with 363 jersey street protesting the issuance on november 29 of 2017. New garage and foundation horizontal addition at rear and vertical addition. Complete interior remodel and replace windows in kind. One hour Property Line walls and sprinklers. Start with the first appellant. You have seven minutes. Good afternoon. I am the homeowner rasa moss at 393 jersey street. It is three units. We bought it in 1973. It is home for the past 45 years to me and my family for the third generation. My house abuts 363 which was built at about the same time 120 years ago. When i filed this appeal, my greatest concern was that my house and property would be endangered by excavation for a deep basement. This plan before you was submitted by ee wise architect and agent for the owner at that time of 363 jersey street. Today 363 jersey has a new owner called 363 jersey llc. They have informed mean and the other appellants that they will not build such a garage. They will not dig a deep basement and if shown a new Foundation Plan to require far less excavation. A many relieved. The deep basement is obsolete as the owners and appellants agree. However, it is still the plan before you. I therefore ask you to remove the no longer relevant eewyes basement from the site plan to lay it to rest. Please keep in mind the property was sold by the owner after he obtained the site permit. I wish the best to the current team. These are uncertain times. It is not impossible to find it necessary to sell the property rather than complete the project and another buyer with deeper pockets might want the garage with car elevator. Knowing the garage wont happen would help me to celebrate my 84th birthday in peace. I. Q. Of you as a commissioner that you do so with conditions that assure that should damage occur during excavation or construction. The permit holders assume full responsibility for it and promptly make the necessary repairs, restoration at their own expense to conditions documented before excavation and demolition began. I talked to Senior Inspector joe duffy at the building defendant who explained that if i notice any damage to my property during the ex alaskaation i can excavation i can call and work would be stopped until repairs are made. I could be sited and would be responsible for repairs on my property unless the project sponsor voluntarily agrees to repair the damage to my property my recourse would be to file a civil lawsuit. That is how i understood what he told me and has alarmed me. It is a measure reason for my appeal to the board for conditions to lessen the possibility of what could to me maybe a remote possibility it would be a financial calamity. I also request that is board of appeals add some conditions to mitigate this expanse i project with a big box looming in back. It is inevitable longterm intrusions of noise and light on the residents at 359 jersey. I ask the owner be allowed to build it through the ad jay cents walls. The broaddricks have sound proving that works on their side it should work on mine as the three houses are connected wall to wall. To mitigate the disturbing unhealthy impact of Light Pollution i. Q. Out door lighting in back of 363 be minimized in the neighbors living in my garden cottage my daughter and her family. The massive addition in the rear of existing house of 363 jersey will aggravate a persistent problem. Shielded low intensity downward facing lights would diminish Light Pollution. The building is now roughly the deck is about 25 feet from the cottage which only has north facing windows and two skylight and they place the yard. This would bring it quite a bit closer, the addition in back beyond the current wall part of the building. There have been quite a bit of medical research about the effect of not having enough darkness during sleep. Here is one quote. The changes that result from exposure to electric light at night have biological connections to diabetes cancer and depression. The ama made a strong statement against high intensity blue ridge lights like they are. I request that you make a condition that light be minimized in back so as not to intrude on the peace tranquility and health on the people in back. I went too long. The broader son and i have met with the current owners and permit holders kramer of 363 jersey llc and on december 11th and later, and all of us hope for a fair mutually acceptable conclusion to the story. We appeal to the board for assistance by approving the four conditions described above. I wish we could have cut off the massive intrusion but we want that. The property will be developed for sale at a price someone at upper level income will afford. The owners have a right to make a profit but not at the expense of neighbors by diminishing of quality of their live and their homes value. Thank you for your attention. Did you see the permit holders response . Yes and it is quite general. They seem to be willing to agree. I think we need to be more specific. Questions . Okay. Thanks. Okay. We will hear from the brodericks now. Good evening my name is carol broderick. We own 367 jersey. We are retired and have lived in our house 24 years. 363 and 367 are twin houses built by the same houses. The subject of which appeal is designated by the Planning Department as an individual historic resource. We feel several important issues require extra scrutiny because 367 and 363 are very Old Buildings that share a common Brick Foundation and very thin adjacent walls. We request that the appeals board grant the appeal of the site permission and place certain conditions that we have included in the brief and we will speak about tonight. I will address one, 3, 5 that we listed. Number one we request a settlement Monitoring System and survey of the home to identify the existing conditions prior to construction. The surveyor will resurvey to determine if movement has occurred at midway and end of the project. Permit holder will share all survey reports, measurements and reports. It will be provided at no cost to us. Three we request the permit holder will repair and rebuild any damage to the property 367 jersey related to the excavation and construction. Number five. We request that the permit holder comply with requirements of civil code section 832. In addition john and i support ras