The role of the department of building inspection is not following up on violations, i am ready to go on this. You can talk to us. This is really interesting because this has gone on for a year and this is an eviction of longstanding africanamerican tenants. Forty years in this place. Jackie long has mobility problems, her daughter is schizophrenic, her soninlaw has had six surgeries since 2014 due to a workrelated accident and has more coming. These people have no safety mats safety nets and cannot be moved away from their doctors. I went into this because i dont want this on my head. I have been to their weddings, i have been to their funerals. What is going on here, which is really offensive, as i have a report from their engineer from 2018 about what is needed from the respondent about what needs to be done to the building. It is nothing close to what they are doing. They are trying to create luxury housing and climate rehabilitation. They want to put rooms in to make an 11 story flat when it should be an accessory dwelling unit so we can house more people in our neighborhood. And this whole way he has not been cashing the rent checks, threatening with violations, so for me to come here now to say i acquiesced this, they need to come along and put more on the table because this has gone on for a year. He has not offered them anything we are supposed to now say, you know, if he wants to say we will fix up the middle unit, which we are not doing any work to, and we will move you into it. We get that, im happy to withdraw this, but i went over the respondents appeal and i saw excuses and so many falsehoods which im also prepared to address here. This is ugly. This is a person who came in, but a building with protected tenants, with two vacant units because they have them on them, and building the building has been continuously inhabited and the Structural Engineer says it was a soft story retrofit and some floor bracing. That doesnt help taking the tenants off. Rehabilitation is not the same as building luxury housing. I would really like to be heard on this unless they are really are going to work with the tenants. Can i ask a question . I understand your passion and sensitivity and care for the situation, but we have a choice here. We can hear the case, and if you win, the permit will go away, or there is a willingness by the permit holder to cancel the permit today, which will have the same effect. So if you win, the permit goes away, or if you we dont have a hearing, the permit goes away. So why should, im trying to figure out why should we waste your time tonight . Or the other alternative is that we continue this, and i would even ask you how much time would you be able would you be comfortable to have a further conversation with mr. Mr. Patterson and we continue this so we maintain the jurisdiction here at appeals. Nothing will happen except for the fact that they will have one more shot at the ring. If you would like to say okay, we can continue this for two weeks, four weeks, six weeks, and we will come right back here and the same thing you if you want the permit to go away, one way or the other tonight, or do you want another, give them another shot to hear you privately and come with new council, new advisory, and if you are not happy, you are back here in two weeks, four weeks, or six weeks. Very good. There is one other issue. Im asking you a question. I dont want to hear the case right now. If we want to hear the case we will hear the case right now. I am asking you, you are in the driver seat right now. Do you want the permit to go away, or the permit to go away another way, or would you like, with new council, hopefully a more levelheaded that will listen to you, and give them another period of time. Your call, by the way, as to what period of time you would like to give them. You are in the drivers seat here. What would make you feel most comfortable . I need to confer with council for a moment because theres a lawsuit that has been filed and im not about to drop this. We are not asking you to drop it. How many minutes would you like to visit in the hallway . I would like five minutes in the hallway or we can move to the next case and come back and make this hour last. If they really want to have something on the table, im willing to give them a chance. With the permission of the commissioners, rather than giving you five minutes, we can give you a few more minutes and we can move to item ten, and then here you after we finish with item ten. How was that . That is fair. Thank you. Mr. Patterson, does that work for you . Yes. That is fine for me. I just have a question. I thought that mr. Duffy was involved in the discussions that were taking place a little earlier between the parties. I dont mind them talking, but in the brief it indicated that the property was in very poor shape and i was just wondering if the department had verified that. I think if fellow commissioners dont mind, and if it is appropriate, i would like to hear from mr. Duffy before we go in and plus be havent heard from the Senior Inspector the whole evening. It is good to see joe. They have new council so i dont mind continuing no matter what. So my question is, the relevance of this permit to what you all may have found at the building. Right. I wasnt involved in discussions but more about the cancellation of the permit and i dont think this permit, this permit is more of an improvement of 109 which obviously, it sounds like there are structural problems in the building and some of them maybe addressed on this permit, but my understanding from speaking to mr. Patterson, and you can ask him as well, is that some of the work has been done with the rear storage, but there are problems with this building that need to be addressed. Now there was a report in the brief, exhibit c, and when i read that brief last night, to be quite honest with you, i hadnt seen a document like this from our department and i have been working there for 20 years. It was called a preimprovement inspection report dated december 19th, 2018 and it had a whole the way it was laid out in the way it was done isnt something that d. B. I. Does. So i believe what happened was one of our new inspectors had a discussion with these Property Owners and this report was compiled, but i jury it to the attention of some of our acknowledgement this morning and the inspector, he has created a document here that we wouldnt be able to stand over and d. B. I. , you have heard me speak your many times, i speak about complaints received, notices of violations, order of abatements, we have our process and our housing inspection, electrical building and plumbing. This report incorporates all of those divisions into one report and that is not what d. B. I. Does bill walsh is the district inspector and mr. Walsh is a new inspector. We have a lot of new inspectors. He probably is feeling that hes doing the right thing by documenting something, but this isnt the way we do Something Like this. It just simply isnt. Had the case been heard, i would have spoken to that as well. There are notices of violation on the building and there was a notice of violation issued by mr. Walsh, as well. Just in reference to exhibit c, it doesnt mean anything, and we are dealing with it internally at d. B. I. And, you know, it is not a document that we would stand over. I think it is more of a document that you would see from a licensed engineer or an architect or a consultant as to the condition of the building, but not something the building inspector should be having his name on. And because we have our own processes that have been in place for many years and ends up ultimately it could end up as a task force inspection where we have building, electrical plumbing and housing all going together with some of them even from the City Attorneys Office and then it is into the abatement proceedings. That is just what i want to say on that. If we were to continue it, would you do a site visit, inspector duffy . If required, yeah. I will not write a report on it. We have if there is an emergency i get it. If this building is in serious condition or imminent hazard and danger, we would issue an emergency order. We would red tag it and we would add a do not occupy. We havent done that. We havent been asked to do that there are People Living in this now and were hearing one side and i would have felt much more comfortable had you visited the site. That was going to be my question sorry to put more extra work on you. I never mind that. Its okay. But if there is electrical problems, plumbing problems, other maintenance problems, you know, it is going to be different divisions. I can go there and look at it and tell you the building is the permit before has not had anything to do with the latter part of it, and unfortunately we get into it. But the permit before us is completely different. At the same time, we would like them to resolve how the permit holder has new council. I would like a minimum to allow this to happen. If you look at the permit itself, it doesnt look unusual. If someone is doing a roof deck, they are doing a remodel of a unit, they were doing rooms on the ground floor, we see that all the time. Were dealing more here with the circumstances of the tenants. The permit itself doesnt look that bad for what theyre going to do. But there are other issues that are going on and we know it. Thank you very much. Commissioners, can we hear item ten . Let the appellant i think they are back. No. And new council can go talk about it, then we will hear this out of order after we hear ten. Do you guys need gloves or a referee . We will referee for you. We are now moving on to item number 10. This is appeal number 19054, Serena Calhoun versus the department of building inspection. Theyre protesting the issuance on april 30th, 2019 of an alteration permit to replace six windows with the same size windows that are on the back, not visible from the street. This is application number 201904 and 9355. Well hear from the appellant first. Good evening and welcome. It is your lucky day. You got to skip a case here. I thought it would be another hour. Okay. Good evening. Normally i see you when i am representing one of my clients as our architect. Today i am here for a more personal reason. My home of the past 11 years. As noted in the admittedly lengthy brief about six windows, which i realizes a little bit over, to me the devil is in the details. The proposed scope of the permit in question is a simple replacement of my neighbors downstairs windows. This is the photograph of the front of the building and these are the windows in question on the bottom. In my own unit, which is located directly above there is, i replaced my own windows just three years ago as part of a renovation. And then turning the corner onto the back of the building, not in the photo. I did not go fully historic in nature with my own work, nor do i expect my neighbors to. I only ask us to try to get windows that will be weatherproof, that are safer the downstairs tenants, and that match so we dont have a Patchwork Quilt of mismatched windows. In reviewing my neighbors brief in detail detail, i appreciate this process has given us time to work out some of the details and get additional information. I see that they are no longer proposing the change to a single hung style operation, so that concern is off the table. Also, i see no evidence from the inspection report they provided from 2016 which i have not seen, and also from the photographs they provided, i am satisfied that a repair is needed. I do not agree that a full replacement is needed. I have done a lot of repairs and similar conditions, but i do agree that a repair is needed. I will note just a couple of corrections to the items that were listed in their brief on page 2. They stated that our h. O. A. Approved the change to the windows, that is inaccurate. We requested additional information. Secondly, on page 5, the clear opening of the proposed new windows that they suggested is not a typo. 12. 31 inches is the clear opening of that window based on the documents from the milgaard website. I realize that h. O. A. , the seats are outside your authority. Im not here to have you satisfy a dispute. I will use this process to address the three items that are within your jurisdiction. First the permit review procedure, secondly the code requirements and safety concerns , and finally, a clarification on the preservation radio. Related to im sorry. These are photos of the windows that i did directly above just for reference. You can see that they are set back and they do have a detail that goes into the transition from the gem and jam and the stash to the glass. Okay. First of all, related to the permit review procedure, the downstairs neighbors had assured us they had the approval of both preservation and fire, but neither of those departments had stamped on the permit application form. It was not reviewed or routed to either departments. I will defer to joe and scott as to the correct procedure, but because the permit didnt reference that these are both egress windows and also changed to the material of vinyl, i feel like it is possible that it should have been routed to both preservation and fire and was not because of the permit application that was relatively vague in terms of the scope of work. I will defer to joe and scott. I respect their procedural inputs. Secondly, related to the code requirements and safety concerns the work includes alterations to the egress windows for the downstairs unit. It is a onebedroom. These windows are the egress windows for that. Under the existing Building Code , the replacement window shall be the manufacturers largest standard size with that will fit within the existing frame or existing rough opening, et cetera. The tuscany series that they selected does not meet this requirement. Their websites, the tuscany series of a 2foot wide window has an opening listed of a little bit less than what was on their window order, so i will use the 12. 31 inches, but the milgaard also makes an ultra series that has a wider clear opening of 14. 5 inches shown here. It represents a serious reduction in the size of the clear opening area as compared to the existing window. The solid wood windows actually swing all the way open. There is no reduction in the frame around this, so it opens approximately 21 inches and will be going down by almost half for the only bedroom windows in that unit. The proposed installation of a retrofit style window that fits inside the frame instead of with a nail also reduces the size of the opening. A nail on fit would increase the clear opening. I will also, it also provides for a lot better waterproofing that we can install a better waterproofing Assembly Around the whole window with the nail on which is part of the reason for the renovation and the replacement is that these windows were leaking potentially and caused some dry rot. Without that nail on fin and the overlapping waterproofing, it will be less protected. Incidentally, the windows that i installed above would be an even larger opening of 18. 81 inches for the same style of window. 4. 3 inches wider as well. Related to the historic character, i will defer to scott about this, but plannings purpose is to protect the character of residential areas, conserve and protect existing housing character and preserve landmarks and Historic Buildings this is a class a resource. It is on the eligible panhandle for the haightashbury district. I cant remember exactly. I realize that planning reviews are subjective and that their primary focus is on the street frontage, by the character of the building is not limited to the front facade and neither is plannings jurisdiction. For example, i doubt that they would support installing vinyl windows in the rear of the Julian Morgan building. I also doubt that may have neighbors with support replacing our other windows above that are original from 1891 right above there windows with vinyl. I am aware of the standards for window replacement are for the street facing frontage. I cited it in order to illustrate the logic behind the standards. Mixing window materials, and inconsistent appearance to the building facade, and installation of six new vinyl windows introduces a new element that will make it even worse. It is a recipe for ugly. With that, i will stop because im out of time. Thank you. Question for you. I know we are not involved in the h. O. A. Disputes, but since youre h. O. A. Still has the power to say they cant do this, why are you before this body . It is about the timeline. I think i laid it out in the brief, but we were not aware they would be replacing the windows until the end of april. Hour or or mid april, maybe. They sent us an email saying they would be replacing the windows. We had one meeting, at which point they already had the window order together. I rejected it, me upstairs neighbor asked for additional information. Two days later, there was a mull from them saying they had gone ahead with the window order and they had satisfied the issues. I knew we were on the one day deadline to the brief. I filed a brief, i find the appeal, i filed the appeal because i really wanted this time to give evidence the upstairs neighbor is neighbors to make her final decision. What is your request today . Some of your matters have been addressed already. Isnt the opening size and the materials of the replacement windows . Im looking for information information from joe and scott to reinforce for me upstairs neighbors to understand that this is a safety issue and that preservation may have wanted to look at it and that it was not reviewed as they said. I would like to have the permit revised to be reviewed by those two departments. I dont know if it is too late to do that now in this process or for requires cancellation of the permit or not. As you stated before and is planning may discuss in their time, i dont believe that rear window are subject to the same standards, so i dont see that they would need to review it or that it has not been properly reviewed by planning in that regard. The openings perhaps are subject to review by planning and we could have them discuss that, but the nature of the materials would not be subject to review by planning and reviewed by this body. Thank you very much. Yes. I have to ask the obvious question. Are you guys talking . Yes. We are. We did have a meeting and we did talk about it. The timeline was very, very fast to be honest, these neighbors purchase the Property Three years ago. The upstairs neighbor and i have been there for 11 years. Their daughter lives in the downstairs unit and she is the only person we have spoken to for the last three years. The first time we met them or have known about them is when this happened in april. We are speaking, but they asked us not to discuss this until all the appeals had gone forward, all the briefs have been filed so we had all the information we needed to make a decision. I mean, you are a qualified, experienced architect, and i am