You stated that the permit was improperly issued . Correct. Secondly, we heard mr. Curran talk about while this window open into the neighbors Property Line, does this set up automatically the opportunity for notice of violation . It has been discovered that theres a window that is not exactly legal because it goes into the neighbors Property Line without permission . That specific issue is not addressed in the planning code. I should ask mr. Curran and the next part, whether that would narrate a notice of violation as recently discovered is a win toe that windows that opens across the Property Line. Correct. From taur perspective, we dont address that situation. If we did if it was legally done, now its not conforming to the code, that would not be a violation. It would be allowed to stay that way. I cant speak to the Building Code. Thank you very much. We have lots of questions for you. Welcome back. Thank you. Is there any Public Comment on this item. Please approach. Good evening and welcome. Hi. Thank you. Good evening president swig, commissioners. Im president of the Liberty Hill Neighborhood Association and historic district. I live directly across from mr. Lees property for 32 years. Im aware that his side window opening into mr. Mcleods way has been constant problem for the mr. Mcleod for years. Liberty hills historic breezeway are architectural features of of this district they include light rails and they maintain privacy because none of the original houses had ground floor side windows. Mr. Lees Property Line window is clearly later addition but theres no permit to date this alteration. In recent conversation mr. Lee proudly declared that hes never pulled permits for anything and had no intention of doing so. Mr. Lee was force to pull a permit after mr. Mcleod filed a complaint. He claimed had an existing sliding window. He doesnt. Trying to circumvent, mr. Lee filed another permit which d. B. I. Granted. None permitted work sidesteps the review process that would have resolved this situation. Instead, mr. Mcleod made attempts to work out Reasonable Solutions that mr. Lees lack of cooperation really stands out on a block where neighbors interact and work things out. Ive been mr. Mcleods which and frankly mr. Lees opposing window make you feel like youre in a fish bowl. A solution would be for mr. Lee to install a frosted glass window that would minimize the impact of both sight and sound for mr. Mcleod and allow late for mr. Lee. Please uphold mr. Mcleod complaint and resolve this issue. Ive been in touch with our architectural historian who helped write the statement for liberty hill historic district. He agrees this house was built in 1876 like all the rest of the houses on the street and didnt have any of these windows. Im submitted for sunshine 150 words. I got a question. I want to clarify. Its been stated in the brief and repeated, theres no ground floor windows. Youre referring to Property Line windows. The rear home of the appellant has side windows. Yes, the ground floor windows were in the back which were the kitchen and they were facing the rear. I have a question too. Being longterm neighbor of the block, i been into most of the homes. Weve all been in their houses and theyve been in mine. Have you ever been in window and observed that there was no window there . Have you been in that property prior or neighboring property and seen that window . I only been in the neighboring property. Ive never seen are you aware some people love their neighborhood more so than others. Thats a San Francisco thing. Do you think the historian have you talked about having prior blueprints or anything of that property showing its original without the window . No, i havent that specifically. Some the recordings were lost. We know from the architectural eachs this was the trea. We had big fire 1906 and that caused a little bit of issue. I can attest to though, the blueprints of all these houses were originally the same and the vast majority are pretty consistent. Even in the 20s and turn of the century, people always have individual taste and desires. What one person wants one person does not want. Even though you look at the same barrel front sun set home, they all have a different flavor to them. The whole point of these properties, they were done as the first speculative houses. They were all the same. Thank you. Thank you. Is there any more Public Comment. Well move o on to rebuttal. They said this is built in the 50s or 60s. Dimensional lumber did not come into use until after world war ii. They said its probably that. I cannot live in this house if that window is open. Weve been lucky. Weve had great relationship with the kids. Theyre always kids. They come in every year. He gets three new boys, party on in that house. The only time that window is open was about two years ago. I woke up in the middle of the night. I thought someone was in our house. They had that window open. Just wide open and playing video games and having a party. The noise is huge. Im going to call the cops every time that window is open. I will even walk down to the Police Station and bring them back to my house. You causing hundreds of years of problems with that house and the police. The other problem is our privacy. We have to get curtains on every window. We have to turn up the heater because that house was made so that light come in. We have to turn the heater on and turn the lights on because we have curtains on six windows. That will cost hundreds of dollars. I want top say one thing. This is all about safety and privacy. Its not just how old this window is. This thing opens as big as a door. I tried to with mr. Lee and compromise. The fact hes going out to get a clear window is crazy to me. The thing that bother me most, probably two years after we moved in, i two girls and they are grown up now. I said mr. Lee, what im worried about one of your minitenants jumping in my backyard and molesting my kids. Its easy to get in my backyard from their house. Why not. Easy, were out of town and theyre in the backyard. What we really care about is its so easy. Its such easy access to get in our house through this window. It makes no sense. Theres no way this window was original. I hope vote not on this end but to end this whole issue. The fixed frosted window, hell get 20 square feet of light thank you. I have questions for you guys. Can you describe the work that you did to close his window . What did you do to close the window . I piece of scrap wood like a foot long and i put it up against the window and screwed underneath the window to keep it from opening. Youre aware it wasnt on his property that it happened . It is against the ceiling that overhangs my property. Did that seem like a good idea to screw that . I should have clamped it. You did that without permission . It wasnt without permission. I wrote him before i did it. I asked him, i explained exactly what i was going to do. Did he provide permission. No. I want to make sure that you understand, the permit is denied. The window could remain. Im aware of that. He cant open it. Can i understand, is your expectation that window should be privacy glass but your window should not . Our windows are on the Property Line. I want to make sure i understand that. I want to understand what the bigger issue are. Privacy, safety and noise. It seems that noise is an issue thats not before us in terms of our jurisdiction. It would be a matter it take up with the sfpd. In term of privacy, they are both windows. They have a feature by which you can see into and out of them. It seems odd to be concerned about having curtains that could open or close. Sometimes you can see into it and not. Im confused that seems to be a challenge. Having curtains would be a great imposition. When they built the homes, they were built so simply to let light in. That was the whole idea putting, its the south side where the light comes from. To let the light in. These houses are tiny. The idea if you put curtains on them, you dont get the light in. Youre suggesting that we close the curtains. Why does he get to put a clear window im trying to understand objection to the curtain. I can cover the window. Thats property and i can cover his window. If you permit to build up to the Property Line, you can cover the window. Perhaps you can look at the fencing height that you could put. A fence there. Theres some solutions on your property that you can take advantage of. Youre right. There are some other ideas you can follow up. Im not the Planning Department. Simply, if we deny the permit, he can leave the window as it is . Yes. Im making a suggestion. If we get the sliding glass in obscure glass. We dont want openable wind window. I work on the weekends. Let me finish. You would rather have windows as they are there now rather than having a new slider that has thats what you want. Wait. I dont understand. Existing windowses condition be open theres no notice of violation, theres no issue with the current window. If we denied the permit that window stays in kind as it is. If we can accept the permit, we deny the appeal but condition that the permit has a sliding glass with obscure glass in there rather than clear . Why does he get openable window . Why does he get to build a door in our house . Why does he get to open. Thats trespassing . Question a and question b. If we leave that, if you dont like the window there, you can call the Building Department and Planning Department. If we deny the appeal, he doesnt have to repair in window. He can leave that window as it is. Would you like us to replace it with a slider that does not open up in your property . What about Door Number Three . Which is a fixed frosted window. Which gives him 20 square feet of light. Its not working. Thank you. You can be seated. Well hear from the helicopter permitholder. Mr. Lee. You have three minutes. I disagree with the department, when he said all windows. All windows should not be large. This is our exceptions. I dont believe that at all. Also the Planning Department, usually when they talk about approximate, 1900s or 1870s, its never exact day and year. Its very hard to say that was original window built exactly at that date. I dont agree with that also. Mr. Mcleod complaining about original window. Take a look at the pictures. He has a windows there. Whats true for me is also true for him. Unfortunately, as far as i see, according to the Planning Department, what makes you get really wonderful rent because its in a beautiful neighborhood. Its also going to restrict you in the permit that were issued orthe counter in the permits that were issued over the counter have been issued in error. That means that if you want a permit for that window, youre going to have to go through the process of Planning Department. What you also heard him say that you might as well leave that window alone because its going to open can of worms. Yes. My understanding if i apply for the permit, is it visible from the street. Its not just baiz its visible. Its because that area that home is in is designates a specific area that has to go through the Planning Department. No matter whether its visible from the street or not. I can leave the window as is. Thats what i heard from the department. What happens if he nail my window shut again . Youll be back in court with them again. Unfortunately, we see this all the time. Its tit for tat. I guess thats rental for you. You might want to talk to your tenants about maybe keeping it closed. That would make things deescalate. I can tell them it window has a cylinder. I can tell them just open it. Thats why its a seal. Thats between you. Thank you very much. Thank you. Mr. Teague or mr. Curran do you have anything further . Good evening. I want to clarify. Seem like you guys moving towards to fix this here. This has to go to the h. P. C. Even if the board granted the appeal with the condition that resulted in window they thought fixed the problem. We would still require them to get a c of a. You can be hearing that again. I want to make that clear. I dont think well resolve this today because theres separate process to go through. If they dont replace the wind window, it was mentioned that there could be a possibility the appellant on their property could explore under the planning code what kind of work theyll be able to do. It would not require touching or damaging the neighboring building. It could be explored. Can we have the Building Department come up too . Let me finish. Say we issued the permit. What will the Planning Department say . We would say they have to get certificate of appropriateness. If that certificate of appropriateness ultimately determine that approved in the permit okay. Everything is fine. If it determines Something Different they have to get a new permit. Thank you. Just fur our benefit and benefit of the permitholder. He would come back in to file another permit for the certificate of propertiness and come back to building . What will be part of your investigation or your consideration . Just what type of window its going to be. It probably cant be vinyl based on what the Planning Department says. Whatever criteria they hold him it, they will check the installation. As far as Building Code, it goes back to was it legal or not. We had no prior complaints about it in 1999. I was to make sure i understand it. The Planning Department was saying they are concern more if it fits the appropriateness of the building. Not so much when it was installed or that record because the records are lost or burned up who knows where the records are. Youre saying it matters if it was original or not. Whos doing the proving. Nobody has to prove anything at this point. As far as we were concerned prior to any of this, there were no complaints about it. It was never brought to our attention. Only thing that triggers the planning approval if you change the window. Can you talk about the compliments that was received in the d. B. I. Or if it was planning . There was complaint to planning for the window and how it wait went through the proces. Joe duffy wrote a notice violation. It didnt go through the steps. Has it been resolved . No. Thats what brought them here. Thank you. Im just like commissioner honda, im projecting what will happen if. If we took mr. Teagues statement we upheld the appeal base the on the fact that the permit was not properly issued as mr. Teague has stated. Thats the end of that. Permit goes away. Lets say that the mr. Lee says im over it. Im going to keep the window as it is. Do i project the possibility or would you project the possibility that because this window as has been noted opens into the neighbors crosses the Property Line into the neighbors space, that the neighbor then would come to you and complain notice of violation because this window opens into my property or is that the end of the line and this window is going so stay as it is . I think it will be more civil issue. D. B. I. Doesnt get involved in Property Line issues. It would only have to be compliant in the year it was built. Who knows i dont know in what order they were built. With that property there the year before, two years before. We have them all over the city. Where these things exist and they have existed until people dont get along. Thats the reason for my question im trying to disclose to all parties the potential continuance the opportunity if one step is taken versus the other. Commissioner honda was very wise in projecting to the appellant that we could take steps here to assure those windows became opaque and that might be something they want to settle with. Or if we follow mr. Teagues advice, it was improperly issued and also with the notice that its going t to go scrutiny, we deny the appeal. [please stand by]. On this particular thing, my opinion is we have to accept the appeal on the grounds that it was issued improperly that the permit was issued improperly because it requires planning approval. Commissioner that is why i asked the question, was the permit improperly issued . If it is, we have no choice but to uphold on the appeal on the basis that permit was improper will i issued as claimed by the Planning Department. So i dont think we have a choice. Commissioner theres more to it. We were told there was the wrong description on the permit of the existing window. So it was erroneous in a number of ways. Exactly. I have no intention of trying to fool around with that. Thats my motion. Okay. So we have a motion from commissioner honda to grant the appeal, overturn d. B. I. Irn issuance of the permit on the basis that it should have been reviewed by the Planning Department. On that motion, commissioner lazarus. Aye. A commissioner tanner. Aye. A president swig. Aye. That carries 40 and the appeal is granted the may we take a break, please. Lets say 5 minutes. 5minute welcome back to the june 19, 2019 meeting of the board of appeals. We are now on items 7a and 7b. These are appeal number 19034 and 19042. Georgia schuttish versus the department of building inspection with Planning Department approval and paul sheard versus department of building inspection with Planning Department approval. The subject property is 461463 duncan street, protesting the issuance on april 8, 2019, to James Odriscoll of a site permit, add new residential unit at basement, side addition at second floor east and west elevation, horizontal addition at first floor, provide basement level, remodel interior. This is application 201708 15 4881 and we will hear from ms. Schuttish first. Thank you. Thank you. I have seven minutes. Thank you. And good evening, commissioners, president swig, fellow commissioners. I gave copies of what i am going to show on the over head to mr. Odriscoll and mr. Teague at the start of th