Us or they happened before they even started the process. So they may have made changes there, but if youre not privy to it and you dont know if its going on, you cant make oh, and by the way, can we make a change to the privacy screen . I have a few questions for you, sir. Can you put the overhead back on . Just to understand which of your properties is your property, and then, i believe we were looking on to back porch or something that you had on your property. Yes. This was looking to the rear of 463 duncan street. The lefthand side of my lefthand side up here is uphill. This is the property being developed. Thats my property, and so the deck that im talking about is this one here, which is all the way at the back of my garden and at the back of my lot and then looks down the lot on multiple properties further down the hill. And then, can you just as you said, you threw a bucket of things. You kind of did that here with your brief, as well, so all the things that youre asking for, and youre focusing on, like the foundation, what is it that youre seeking . Five issues. Privacy screen on the second floor, frosted glass on the se scene overlooking my property. Id like the set back that the r. D. A. Recommended to 5 feet. It was 5 feet in the original proposal, and they said you can just go with 4. 4 or whatever. But the Biggest Issue is this deck on the back of the floor. Okay. Thank you. Clerk thank you. We will now here from mr. Olson, and you have six minutes, sir. Thank you. Speaking about that lower deck, the lack drawing that mr. Sheard last drawing that mr. Sheard had up basically shows that its at grade. This is a 40foot hide, 40x. The project could have been taller. Changes were made in recognition of uphill neighbors prior to the first neighborhood meeting. The fact that the changes were made when the neighborhood challenged doesnt mean theres no reflection of the concern from uphill neighbors of this property. And in terms of mr. Sheards comments that he really didnt raise these issues with the Planning Commission, ive read his brief to the Planning Commissions, the d. R. Hearing, its almost identical to the brief that was submitted to this board. I want to just focus on the few issues that remain, president swig. You look at a303, the east elevation, the window that was going to be opaque, there will be a screen at the second deck. Its the firstfloor windows if you could just put that on the overhead so you could show us the windows youre pointing out, please. Going to be the firstfloor windows right here, one horizontal, one vertical. Both of these windows could be made a condition that they would be opaque glass, as well as the and the other one is also, correct . The one thats on the second level, thats the horizontal window, is opaque glass, as well, and that is shown in that, i believe, on the plans. Its really mr. Sheards issue with the vertical and horizontal window on the first level of the window, well make those opaque glass, as well. In terms of the number of bedrooms in the final design and how that gets resolved, president swig and commissioners, again, my clients totally committed to the three bedrooms. Theres three solutions to this. Architect is here and can speak to them in more detail if desires. One with a threefoot hallway, second with a twohour fire wall. Either will solve the conditions for the bedrooms, make sure they provide the adequate egress without major changes to the floor plan. So it would certainly be our desire based on the fact that these permits were submitted almost two years ago, and San Francisco desperately needs housing, that we not have a long delay, that the board actually approves the site permit with the conditions that weve agreed to. One being the opaque glass screen on the second deck, the change to the windows, and a commitment to satisfy the concerns of the Planning Department and d. B. I. As to the fact that there will be three bedrooms in the lower unit and that well have access thats acceptable under the Building Code for d. B. I. And to approve the buildings on that basis. Backup plan is a continuation if thats the will of the board, but thats just a further delay to for this project moving forward and stuff. So with that, i thank you for your time. If the commission has any questions i do. So so you dont mind if we condition that three windows become opaque as mentioned on the first one wasnt i think the first ones opaque. But if we condition that, that doesnt in any way change the addenda. And then, the second one, that there would be three bedrooms, you dont mind that we condition that. Correct. And with egress, that would satisfy the planning code and would confirm that they have the three bedrooms, that in particular commissioner hillis was referring to. Okay. Thank you. Any other questions . Clerk did you want to address the privacy screen exactly in terms of the height . [inaudible] clerk absolutely. Then maybe we should talk to the builder as what they plan because were just talking about making it opaque. He has to raise it well, i want to see if there are restrictions around how high its supposed to be. Clerk well, we still need to hear from mr. Teague. Thank you, counselor. Clerk thank you. He already said the privacy screen was clerk mr. Teague . Come on up. Hello again. Just jumping quickly to the privacy screens. So the Planning Commission didnt provide guidance on a height. They basically minimized the depth of the deck and made it clear that this needed to be a there needed to be a privacy screen. They didnt recommend materials, they didnt recommend a height. My recommendation was it needed to be solid, not a planter box or whatever, and it needed to be at least 6 feet tall. Because it was in the buildable envelope, you could do whatever you wanted in reason and not trigger conditions. You could have it be 6 feet, 7 feet or some other dimension. But theres no other restriction . We can say 6 or 7 . Yeah. Just another quick issue i failed to mention before. Theres been a lot of discussion just kind of like the neighborhood and meetings and to that effect. I did want to point out that there were these two d. R. s filed on the original permit, but on the d. R. Packet, it indicates that the department receive no other Public Comment on this permit, either in opposition or support of the project. And then, regarding the bedrooms on the ground floor unit that were being added, i did also want to clarify that, you know, the Planning Commission, again, they did not specify a number of bedrooms. I dont know if the departments taking a position on there needs to be a certain amount of bedrooms. I just wanted to make you all aware when the Planning Commission made their decision, there would be a number of bedrooms. Obviously, its your discretion there would be two or three bedrooms or what kind of configuration you want to see on that. You all . I can tell where you were last week. I just wanted to know if it defaulted to a den or a t. V. Room or whatever it was, that it would need your approval, or did i misunderstand . There may have been a misunderstanding. When the Planning Commission approved the project, there was three bedrooms and a study. When the Planning Department approved the permit subsequent to the d. R. , that was the same, so the the Planning Department understanding of the project as we were approving it was three bedrooms. What was actually issued was one bedroom and a study and a library and a media room. So what would be the consequences of not Going Forward with the other two bedrooms . Any . Well, theres no specific consequence in the sense that it doesnt specifically violate any conditions of the d. R. , but and then thats the distinction i wanted to make is that i did not want to i did not i did not want to imply that the Planning Commission put a condition on how many bedrooms there are, only that that was the condition they approved and what got approved under the site permit is a somewhat different condition. Its up to you how to deal with that condition. But neither of them affects the outcome. Okay. I have a question on the privacy screen. Was it the Planning Commission i guess its the second floor roof deck thats above the first floor thats not above the basement, was it the screen would be wrapping around or just on the side facing the property. The d. R. Was just on that adjacent side facing the i just wanted to make sure it was [inaudible] on three sides, it was just the specific privacy concerns for that neighbor. Sure. Thank you. Thank you. Thank you. Clerk thank you. Mr. Kern, anything further . Okay. Commissioners, this matters submitted. Actually maybe, can i speak to the project sponsor in regards to the privacy screen . We want to make sure you guys get your moneys worth tonight. So what size height wise is the privacy screen, sir . Originally, as proposed on the plan, it was planter box with whatever bamboo. We have no objection whether its 6 feet, 7 feet. As long as the Planning Department have no objection to the height of it. So he said 7. Are you comfortable with 7 . Im fine with 7. Thank you for being very cooperative. Thank you. Okay. So id like to start, please. No im just kidding. Thanks revolution. So i i made clear my my goal, which was to satisfy as many needs as possible while moving a project forward which seems to be compliant in almost every way. So we we the two windows, agreed. Three windows. The two extra, three total. Yeah. Opaque windows. The the privacy screen at 7 feet, agreed. What else was the third one . Im sorry, i lost it. The three bedrooms, but im not willing to put that the issue so i want to where id like to take this is that it to a with the where the only id like to continue it, but i want to continue it to only include the planning Planning Department and the project sponsor to come to an agreement on the lower level, and that to me is an important legal, life, fire, safety, tieingitupinanicebow issue. And were not going to cost them any time. I dont want to do that tonight on the fly because you dont plan things like that. It should be more appropriate. Sorry to interrupt, but if were not going to condition it to have three bedrooms, then whether they have one bedroom or two bedrooms, its going to be code compliant no matter what. I just before we put the final wrapping on this, id like to bring it back, but id like to bring it back on the condition that were not going to discuss privacy screens anymore, were not going to discuss any decks, were not going to discuss anymore windows because were going to agree that that will be a condition of moving forward. And that when we bring this back, we are only discussing that lower floor with whatever condition of number of bedrooms that you would like to put on it, commissioner. Okay. So you just want to see if thats the footprint on it. Yeah, i just want to see the footprint. Im not supportive of that of that particular piece . Of that particular piece with everything else. Their incentive to get the three bedrooms, theyre not going to get it if they dont have the proper design because the permit wont be signed off on. Well be delaying it a number of weeks. Im not sure what well be accomplishing. Yeah. Thats what i was thinking of. Speaking from a realtor, not a commissioner, theyll probably have three bedrooms. I dont think its of any concern to us, how many bedrooms. Its of concern to the Planning Department and the building department, but not to us. Yeah. I just my concern is that we have you just want to see the final footprint no matter what . I just want to see the final footprint because were approving a site permit right now, and we kind of have fog on an entire is your concern that there wouldnt be three bedrooms or you just dont know what it is . No, id just like to see id like to see that weve done our job to make sure that the the site permit is approved with a project that is legally compliant and that would mean a plan that would show that you could put two bedrooms or three bedrooms down there well, normally, that would be sort of a continuance, but i think weve ironed out quite a few issues tonight, and then what would be your recommendation would you like to chime in . Facilitate this a little bit. If you dont mind, i think theres two different questions here. One is whether or not the commission desires that there be two or three bedrooms . Or not or you dont care. He doesnt care. And the other question is if you do care, do you want to see it before you approve it or do you just want to condition it and have it play out beyond this commission . The thing i want to just clarify is the permit thats before you now, those rooms cannot be bedrooms or they will be defective bedrooms that are not safe. So that is my first question if you even care about how many legal bedrooms are in this unit, or the second, where you dont care about the configuration of the bedrooms. For me, since i brought it up, i would like to see a legally compliant plan with an agreement between you and the project sponsor of of how many bedrooms and how folks are going to get out of there if theres a problem. Thats all. So theres right now, the Planning Commission approved it with three bedrooms. Right now, its one bedroom. Its kind of before you guys to decide if you want to require it to go back to two or three bedrooms. Mr. President yes, sir. I dont think you have support for that motion. Okay. Anns not going to support it, im not going to support it. I dont think so how about some language im not going to get ferocious about this. I just want to make sure were exercising Due Diligence and responsibility Going Forward. So if somebody would like to come up with some language that includes the aforementioned decks and windows and stuff, and also that will provide some solid direction with regard to what we expect from planning, ill ill be very happy to move forward with this tonight. Well, i think that were going to accept the appeal and condition the permit. Thats number one. All right. What are your conditions, then . That number one, as per drawing set a303 was it dated april 8 . That the windows indicated three windows would be made obscure glass or opaque or whatever the terminology is on t is. On the second floor deck on a303, is that correct, also dated the same date, that the privacy screening be 7 feet. Now, i dont know if we want to determine material . No. No, with opaque glass. Thats oh, was that it . Yeah. So for the everyones nodding yes, so i guess thats a good thing. For the material to be opaque glass, as well. You know, to me, im not willing to touch the downstairs. I think thats plannings job to determine, and i think theyll be able to determine if those are defective bedrooms or not, and i think the project sponsor, in marketing this, theres no way they can market three bedrooms. Would you consider approving it have at least two bedrooms . Thats what i would say and even three anns not going to support it. I dont have to. You dont have to have my vote. Would you support two bedrooms . Yeah, a minimum of two bedrooms with really big sky lights. Good luck. Clerk okay. Is that your motion . Anything else you know, im sorry, we usually dont do this. Its the end of the night. If youre going to please come up to the podium. What are you talking about, sir . Youve dealt with the deck on the second floor. Were not going to deal with the deck on the first floor. So which deck do you want at 7 feet . Were only going to do one. The deck on the first floor is the worst. Okay. Let me rethink this. Sit down, please. Thank you. So which deck are they talking about . [inaudible] is that the one were talking about . Okay. How are we going to say so it is maybe use a different sheet. So just that so were talking about the same deck, can the project sponsor come up, please. Were talking about the ground floor basement, first floor is ground. Clerk the 3d rendering is really helpful. Were actually in deliberation at this point. So im looking at page a3 overhead, please. I dont know if thats what we should be looking at. Hold on one second. This is fine. Okay. Thats fine . So it is that one . And can you point to the one which is glass frame railing. So is that indicated as first floor on the plans . Yes. Okay. So were talking that the privacy screening on the first floor be 7 feet . Privacy screening is up at this one here. Okay. So thats where were at a different deck. Basement, first floor, second. It was a requirement for a planter box by the Planning Department. Which one which one here . It was the second floor. Sorry to haggle back and forth, but youre the last guys, and hopefully, well get this solved. If you had a choice between, which floor would it be . Not that youre going to get it, but im going to ask it. Yeah, understood. We keep talking that this floor is a grade. So is that floor that you would prefer to have the 7foot deck . Thats the one that overlooks me the most and the neighbors. Okay. Thats a yes. So let me ask the builder, on the second deck weve put in the provide ski scre scre privacy screen. Okay. Youre a planner. Okay. This secondfloor deck, to give reference so that doesnt half i understand that, and that is understanding that the Planning Commission conditioned it to have a privacy screen, which it was bamboo or whatever, and now its going to be opaque. I think in fairness, if were going to do one deck, i think it would be the secondfloor deck to make sure that that is going to be an opaque, wind screen, whatever it is solid now im losing my words because its getting late. It is not a Planning Commissions direction that it be on the ground floor or first floor, which is at grade at the front of the unit. Unfortunately, lets just say with the meeting of thought, so it would be the second thought, which the planning had originally stipulated the planter box, that there be 7foot privacy screen and opaque glass. Clerk that would be your motion, and on what basis . On the basis that neighborhood relations, it would make better clerk address some privacy concerns . Yeah, address some privacy issues that were brought up. Its late. Ive got a party to go to. And the minimum two bedroom is to keep in spirit with what was addressed at the Planning Commission. Clerk and approve plans that are more cons