Doesnt the frackinger to impact of a renovation from next door only occur when there is construction and dealing with redoing the foundation or building a new foundation. President swig yes. I am kind of leaning towards myself just for comfort for the appellant is that the d. B. I. Do a site visit. And that latch moving down an inch and a half is quite substantial. Theres 10, 12 notices of violation on this. We have written up going out there again is no point. There order of abatement and notice of violation. I couldnt even print that many violations and i couldnt print them all. The question i have here is that the appellant has stated that there is damage to his property. The permit holder said that her building is not responsible and the work she is done is not responsible. I am trying to figure out if d. B. I. Can go out there and see if there was work done on that side. We have that notice of violation. Was there work done on that side . Yeah. So the excavation was done there was. Okay. The permit holder its the violation. The fact that all the Foundation Work is done at the end was not true. What ewith did was on the 30th of july 2019 and nov201937491. Work at the site is encroaching to the neighbors property at 3425 sacramento street. Survey provided by the complainant per structural support. Obtain a permit for encroachment at portion of concrete and provide engineers evaluation and shoring plan and repair plan. And include full scope of work or repair work. Now, regarding the blame game, were not getting into the blame game. We have work with the documents. That is between the engineers and the judge and the courtroom sometimes to figure all that out. But us going out there again, we have been out there so many times you cant get the people to move. So happy to do it and i should ask again. An i get it that wasnt clarified earlier. Now that you clarified it, i understand a site visit would not be necessary. It is an abuse of the permit system. Unfortunately. I really sifrp sympathize with the appellant. Who wants to do construction work for 20 years and live next door to this for 20 years . Commissioner honda what is going on . Any type of enforcement that d. B. I. Can persuade them to do this . And file a lawsuit maybe and i am not sure if they looked into that. This is a very, very unique portion. And trying to have the timeline and there is pressure on them. What happens if we comment on the permit . Is that true . A notice of violation and the lack of communication and the lack of will and i cant blame them for filing this. I think we will straight than out. So this is whenever the cases and familiar with everyone at d. B. I. And the building inspection and make sure the appellant is trying to make sure severing on the up and up and understand exactly what is happening. And with the right plans are the engineering reports that d. B. I. Required to approve the plan set for the shoring, is that correct . An it looks typical of what we request, yes. Its got a sequence and how he wants to do it, why he needs to do it, and there is a geotech report there. I would tell the appellant as well, as i said earlier, he should come down to the department. An it sounds like he has done that. And to be confused ant this and with the plans on file that they are going to use at the job site and use to construct the shoring and do this work. And based on that engineering report. And that to me is what i am hearing from him. I dont know if we can resolve that tonight and to understand what is going on and happened orderly. And to bring someone with them for the abuse plans on the fourth floor. The licensed geotech and the appellant could bring his own engineer to speak with this gentleman and d. B. I. And make their own assessment and provide that to the appellant. We constantly get everyone and get both parties from that area. If they get the permit upheld and thank you for that my cue. Which is and if we approve this permit and violation and safety issue and however, a permit was approved 20 years ago and nothing was done with it. And use the words, i think, and we can do all the right things according to the safety and security in terms of getting it down, and the will part. And to move the permit holder and stimulate the permit holders will to get this done. And put fences metaphorically and terms and conditions around this and penalties that dont get this done in the time limit and state that the penalties start . What do we do about this . And put the language around this Board Recommends d. B. I. To pursue all options to get this work completed. And putting a rubber stamp on something. And i am sure there have been discussions about that at d. B. I. We have another one up that i am dealing with as well. That is similar. An i feel like the enable ebb of continued bad behavior and at the same time, by not approving we are placing the safety and security of that area. And the stumbling block. A question for the city attorney. Can we condition this permit to be done by a certain time . We have very little power as far as putting in penalties. What can we do . I am not aware of the boards power to impose penalties for not completing within a certain amount of time. I dont know what the advantage would be with trying to put an end date on the permit itself because we want the person to complete the work. Okay. Thank you. We are losing a commissioner at 8 00 p. M. , so we should probably move this along. Any Public Comment on this item . Seeing none you will be time in rebuttal, maam. Sit down. We will hear from the appellant mr. Van roden. You have three minutes. Believe me, i want to get it done, too. As far as the safety issue, it was an open hole for three years. It has been going on and the hole than there for eight years. So is it a safety issue . I dont know. I have been flagging this to d. B. I. For a long time. They are not on top of it. They are not watching what is going on. I know there is, oh, we cant really do anything. They are not even looking at what the work to be completed by the plans and what is happening on site. They are not measuring and way deeper and other stuff. And the other address was the other side of the neighbor with another problem where they poured cement way into the property. It is not just me, right . So couple other things. Here is the notice of violation that they still havent complied with that should be addressed. Overhead, thank you. So provide assessment report from Structural Engineer regarding stability and foundation of building. Has not happened. They just submitted a new permit. That is absurd. Sorry. But i have had i have had an engineer and asked to go on site because like an iceberg. He can only see my property and not the other side. I have asked to get on. I got a lawyer involved. She refused. That is her right. But i have tried. I have an engineer to review, whatever, but it is getting o it of control because they are rubber stamping this and no one is looking at and the real permits on file. Theyre not putting a garage in. It is a store front. No one knows what it is. It needs proper review before you move forward is my view. This is the other side of the building. If this cement wall is my property. This is how close they are. And this is where the cracks are happening. They were right up against the property and parts of the the buildings are attached as well. It is pretty major. I need more than, oh, we cant do anything, sorry. Thats my rebuttal. So are you done, sir . Yes. I understand the frustration. I truly do. The city departments are here to work with you. And as Senior Inspector duffy says, you should reach out to them. U a did you see my attachments of the emails . I have been to the d. B. I. 10 0 time this is year alone. I spend my life down there. At this point you have a member of the department right here. You should reach out and he needs to be your new best friend. Seriously. Agreed. And saying that you are not happy is not going to make this matter better. I have reached out and gone through the proper channels. Are you listening . Im sorry. He is right there. After this hearing, you can take him in the hallway and have a chat with him. My only request is that proper oversight and revision of the notice of violation on the property. Leave that up on the screen. On the overhead please. I want the i would like the counsel for the permit holder to respond to that. Thank you. Thank you. Just keep it up. Well get it back after. We will hear from the permit holder. You have three minutes, sir. Thank you. As far as the engineers report, that was and notes on them and the engineer other than me. A Civil Engineer came to the site. From the Building Department to the engineers went several times and then notice of how that work to be done. The other thing is in a friendly way, i am very happy to reach out to the appellant if he would like to and the owners engineer. As far as inspection, i was there several times and we have a time card from the city. The city inspectors come several times for concrete pour, for retaining wall, other sites, other parts of the project. They also require independent inspection and our engineers to come and look at the steel and the concrete and provide independence. I am not here is to defend it, but i physically on site and as a witness and never there when d. B. I. Inspector with their name on the time card. And the name of the inspector with the city with several dates following up the work and doing the inspection. The work in the last year or two is progressing. Before that and steel has been inspected. It is a basement. Its a basement of the building to be converted to a floor. So a lot of the work was done before we come to the east side of that work. Sir, how long have you been involved with this project . Stop the time please. I was there i dont know the exact date, but i was there on part of the project, on the east side, excuse me, can i ask someone im sorry, please come up to the microphone. The question, sir, was how long have you been involved . I am figuring out the time. He started in 2009. So for many years, 10 years, you have been involved with this project. Intermittently. In 2009 i came and another contractor and he build there are several parts of the project. I understand that. I think what is just disturbing to this board is that length of time this project has been languishing aened the number of violations that are serious. The impacts to the neighboring property and what we are trying to understand is first thing is the permit that is before us properly issued. But what is the resolution going to be . When is it going to be resolved . If we were to uphold the permit, will the work be completed . It seems it would not be. An im sorry, we have had at least eight concrete pours. The whole foundation is now completed. This 22 foot section is the last section. The north is done. The west is done. And half of the east. And that violation came in when we did a year ago when we did the east section. He was concerned that it wasnt that when we did the second half of the east wall, which we havent touched yet this, 22foot section that it be done correctly. When you got the n. O. V. That is on the overhead from what march of 2018, did you supply the engineers report to resolve that violation . Yes. Did you supply it to the appellant . Did you supply that report to the appellant . This report and this packet is to resolve the n. O. V. From march of 2018 . In addition to the later n. O. V. From december of last year. It is the same area. The same issue. What has your conversation and communication been with the appellant . It is really hard to talk to him. Retried describe trying. What does that mean . We wrote him letters. We have tried to go over and talk with him. He is just belligerent and stops the project. We are at the last section. This is we went down 26 feet. It is like what is happening on union square. The front of the building was a threestory maam you are saying we didnt work. But the reality is that i should have brought in the job card. We had eight concrete pours in the last two years. We are at the last section. This last section is a 22foot section and there is concern that it would be not nothing would happen and so they went back to the original plan and maam, we get it. She asked a question. You dont have additional time to argue your case. The commissioner asked a specific question. I think my question has been answered. Thank you. Thank you. You have a minute and 13 seconds left. It was issued in december the one on the projector. The work has been delayed until now. That was issued. Then the engineers made some reports. Went to the Building Department. I wrote some letter. So i am not trying to go around d. B. I. , but this process from the december to now is been in permitting process. The owner cannot do anything. Here we are. There very much was issued august 9. Sir, i will wait for you to finish your time. That is it. Okay. As a geotech expert, do you think by having that much of a hole at the neighboring property caused this issue for the settling of this other property . To be honest, i cant answer that except toe are lie on the owners engineer who inspected his property. Have you let that owners engineer inspect your property . We actually will give him a civil notice to come over and look. They had an 832. At this point well have our ruling. Thank you. Thank you very much. I think you guys should have a conversation in the hall after you leave so that we get this done. Thank you. Thank you. Mr. Duffy, is there anything further . Scott, one question. They mention there is a violation of regarding planning on the vacant store front. Is that a planning issue or building inspection . No active planning Code Violations on the property under the Building Code and there are requirements for vacant building ordinance. Maybe the issue at hand. That was it. Thank you. Commissioner, this mater is submitted. Go ahead. Do you want to start . Go ahead. Somebody start. I will start and i dont know where its going to end. This is very disconcerting case. Inspector duffy said it. And while this permit may be properly issued, i have serious concerns about how this will be resolved in a way that would give the city any confidence it will be resolved in a matter to meet the Building Code and and in the continuance time that the parties get together to understand the permit history of the property, understand what is going on if the appellant does want to have an engineer of his own at his own expense to inspect and make their own reports and findings regarding his property and that of the permit holders be made available and returned at such time as the items are completed. I also would support that. Having as much as i dont like kicking the can and creating more work for the board, i think this project is abuse of the system. And how it works. And if i was a neighbor, i would be truly upset to see my home settle like that in a way and not be addressed. And to be honest, this board has wide and broadening powers as i have been told. The permits potentially just can be cancelled and you can is that right process all over again around new permit for something else. Go ahead. You make the motion. Vice president , president . I am open to other options besides continuing, but i dont know that i feel comfortable just upholding the permit today. Sorry. Like i said, by issuing the permit, i feel like i am enabling a junkie to continue the bad behavior. But by stopping the permit, there is a safety risk. So that is why i went to my mentor mr. Duffy and asked him for his solution. He gave me nothing. Did you hear that . You got nothing. So i really dont by all legal rights, we should approve this permit. An i think that is the concern for the safety of san franciscans. That scares the heck out of me. I wouldnt mind i would like to have a continuance. I think i would support a continuance because i like mr. Duffy to come back here after meeting with both parties and putting all the ducks in line, and whats been done. Whats not been done. How much time . What permit has been completed, what permit is not completed and exactly what are we talk about here. So i know mr. Duffy does not want to do this. Because hes frustrated with this project after 20 years. But i would ask him the favor to indulge us with this continuance until november what . So what is the purpose of the continuance . How much time do you think will need to get done . No since calendaring it unless we have a specific agenda of what we expect to happen. How much time he need and the permit holder if you plan to hire an engineer if the appellant needs any time and the date that mr. Duffy suggests work in your schedule. Sorry, joe. It is a good idea. I dont mind how long we take. And at least a month i would imagine because of getting people together and going out there and when i was researching this, there are so many records and 20 years of records. Where do you start even . And notices of violations and so many of them. And we could try to put a chief building inspector tomorrow morning and the chief inspector hernandez who both know this very, very well. Mr. Sweeney would know it as well. I will reach out to both parties and speak to them tonight in the hall about the that move forward. The appellant needs to get a peace of mind that the work is being done in a safe manner, and then there needs to be a commitment from the people that have the permit to bet the work done sooner rather lan later. And when we hear about excavation and property coming into a rainy season, you start to get concerned. I have and myself personally. I know we were dealing with it. A giving you an eticket. A there was claims from the appellant, but from the year of permits that they are not following them. That is disturbing. I hadnt heard that before. So we do need to look into that as well. Hopefully severing is and november 20 or december 4 . I am looking at the director and also the appellant if those dates would work for you. November 20 is way too busy. December 4. December 11 . That is questionable . I leave about this time. A possibly commissioner tanner and commissioner tanner definitely. Possibly commissioner santacana. I would rather we stick this to the 4th for the continuity of the hearing and hope that something falls out. Then we are in january. Commissioner honda can a representative for the permit holder come to the podium . The geotech. So what we are suggesting, sir, and i hate to be extremely frank, we dont trust that you are going to get this done in a timely manner to protect the neighboring property. That is just my honest feeling on this. My question here is, we dont want to go through winter here. What we would like to do is at the end of the hearing, you, your client, the next door neighbor, and the representative of the department go in the hallway and hash this out. So that we can make your property safe during the wintertime and that the rains dont effect it and we can assure that the neighboring Property Owner will be safe as well. What is your timeline to ge