Department and Planning Commission and we should be joined by senior builder inspector the please be advised the ringing of and use of cell phones and other Electronic Devices are prohibited. Out in the hallway. Permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. People affiliated with these parties must conclude their comments within 7 minutes, participants not affiliated minutes, members of the public are asked, not required to submit a speaker card or Business Card to the clerk. The board welcomes your comments. There are Customer Satisfaction forms available. If you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. This meeting is broadcast live on sfgovtv cable channel 78. Dvds are available to purchase directly from sfgovtv. Thank you for your attention. Well conduct our swearing in process. If you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do. Please note any of the members may speak without taking you. Do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . I do. Okay. Thank you very much item number one is general Public Comment this is an if you wanted for anyone to address the board on a matter within the boards jurisdiction but not on tonight calendar money here to speak under general Public Comment okay. Seeing none item 2 is commissioners questions or pagers and similar soundproducing Electronic Devices are prohibited at this meeting. Madam director i have a prior engagement id like leave at 7 30 what that means were missing one commissioner commissioner swig is absent well try to get through everyones cases prior to that we may are a quorum issue any other commissioners questions or comments. Any Public Comment on this item . Seen item 3 the boards consideration and possible adaptation of the minutes of the boards meeting of april 20, 2016. Any additions, deletions, or changes from the three of us move adoption the minutes. I do. Okay any Public Comment on is minutes seeing none, then 53 we have a commission to adopt the minutes commissioner fung is absent commissioner honda and commissioner wilson that that motion carries and at this time then commissioner honda. I belief well have a slight pause to have a commissioner show up. If you want i can read the next item and. Item 4 is jurisdiction request the subject property on florida after the board received a letter if ken and dennis and dan and t. J. And charlotte and others requesters asking the board take jurisdiction over the case which was issued on october 21st, 2015, by the department of building inspection the appeal period end in 2015 and this jurisdiction request was filed in 2016 the permit holder is urban design here to remove one story sheriffs deputy and replace the stars and onehalf bath with stairs to yard the public hearings was was held in 2016 and continued to allow time for the department of building inspection to research and report to the board any neighborhood notification was required for the permit and if so whether such notice was issued okay. Hes parked his vehicle. So commissioner fung should be here within a moment or two. I wish to disclose ive hired and retained reuben, junius rose their representation and entity will not have any effect on any decision today. So we will wait for a few minutes until Vice President is here. Hell be out of breath but will be here. I apologize for the delay people. Okay. So we have our Vice President has joined us were ready to start with item 4 which has ban called i believe the president is agreed we should hear from inspector duffy if you could step forward. I apologize for being late. Good evening commissioners joe duffy dbi and ucsf last week he needed to, back to dbi and check we did the proper notification for structural work and we did indeed do the structural add notice that was sent out if i could have the overhead this is a printout of a characterizations from our permit tracking system this is an internal thing i checked generally have this with me doesnt have this last week. Lets see there it is on the bottom it says structural notification yes, so it was done and then we have a copy of the letter that was sent to the appellants by dbi overhead again are we done. Face it in the same direction youll look at it there we go. Is that better yeah. This is a typical letter the data of letter on 21st of october 2015 we sent out 11 letters to different buildings around the property where the work was done so i got this in the Central Permit Bureau im happy to report that was done and other thing i did a site visit this morning and all of the work seems to be as we normally see in a concrete foundation in sections looks to be done president ial from what i rectified our inspectors are up to date on the project im available to answer any questions. Did you view any issues i guess the appellant was indicating there was you cant tell about the issues but a foundation on the Property Line i think that was mostly what it was about. Okay. Thank you so commissioners unless you have questions for the other parties we can take Public Comment and then move into deliberations any Public Comment on this item . Seeing none, commissioners, the matter is submitted. No questions no comments . Submitted. Yep it it does i mean the questions we had the reason we continued it at least for myself was to hear from the departments the concern was that the proper notification was not issued although the work had been done already i wanted to know if this proper notification had been given out at this point, because it had although i think the neighbors have concerned ill be concerned if i was a neighbor seeing the dig out or evacuation to the property i feel the city departments have not erred and that the proper disclosure and notification was right and the it is correct excuse me okay. This is just a reminder f this is a jurisdiction request so the question is. Did the city cause a late filing i dont find it did authoritative ill not support the jurisdiction request. Make a motion. Move to deny the jurisdiction request on the basis the city did not cause the late filing. Okay commissioner fung that motion to deny the request commissioner lazarus commissioner honda commissioner wilson okay commissioners that that motion carries with a vote of 4 to zero the next item item 5 appeal maria versus the department of building inspection with Planning Department approval the property on ma drone avenue appealing the issuance on march 3 of an alteration internal remodel of kitchen on main level and bathroom and launders and foundation replacement at grade excelsior patio good ening would you accept some photos and sketches. Have they been supplied to the permit holder. No, but i have a separate. In your i can use the overhead well see that way. Okay. Thats good. My name is mar, i live on ma drone the property adjacent i have serious concerns the construction and therefore request the commissioners to deny the permit request my reasons are state and federal while the permit the city agencies didnt investigate the soil and not take into consideration the Environmental Impact of the neighboring houses and number 2 the Code Violations by the respondent and her contractor is a keemgs of complete error and it opens the door for easy conversion to a secondary unit for future homeowners and the current zoning duo dont permit a secondary units in an rh1 i want to extend these by adding the Construction First neighborhood was built by cut into United States existing hill to i provided i didnt provide but will put on the overhead a picture dated 1919 that is a large okay. Thank you very much the picture is from 1919 when the west portal tunnel fierce opened my property is marked and that is the magnum the first three houses and 68 and 72 addresses 68 ma drone 4 houses is on stilts their renovating the foundation over the years the soil pushed the house away from the hill downhill basically this el nino season pushed the house to a point they had to completely renovate and doing many to the tune of 200 and 50,000 my home ann had an inspection in on a had the inspector said the hill has separated from the foundation substantial falling concrete with the retaining wall st. Paul the deterioration or flaking of concrete at that point, i had an engineer and foundation engineer inspect my house he recommended if we couldnt afford to completely replace the foundation he recommended the drain along the perimeter of the house we did and since then no water intrusion and even the home inspector tell them the house didnt sflt settle it was in Good Condition except for the foundation it will increase the flow of water and the water might flood any basement and bedroom second the construction the retaining wall will need American People evacuation the removal of that soil will unsettle the foundation and the proposed evacuation will be sustainable 20 feet wide and standing the whole length of my Property Line my current retaining wall is on the removal of architecture can damage the wall they foundation could result in ultimately the requirement of replacing the whole foundation thirdly, the construction of a 5 foot cement wall 3 feet from any basement bedroom window will deprive any northern exposure of the daytime and enter personnel to enter my downstairs bedroom i wanted to show you first yeah. First a sketch this is from the appraisal on any house as you can see the sketch lanltd first floor that is the permitted bedroom and isnt it a fact my daughter is finishing her masters degree and moving home this space will be used the on egress from that bedroom is one window and he will show you that window next as you can see can you see that oh, i think this is how it is; right . You see the bedroom there is a window underground this is my bedroom window the proposed wall should urban design 5 feet tall in front of the front you know this one thats already not my property 2 feet is all i have on that does the proposed wall will be 5 feet tall and will channel all the water and run off into this space between my Property Foundation and the wall because it remains ungraded also im worried about 0 o the egress from my bremd bedroom if theres as wall no or nothing at all it is so the space is take a look two people cannot move through that let me talk about the report for it was the inspector didnt do any soil investigation he looked at the side yard and said in his opinion nothing bad will happen to my property on february 22nd he somehow observed water pooling and declared the property was built on a sandy fill everything will be okay and at the end no responsibility for his opinion nor does i have any warrant on his work. Your time is up. I received the last report on 5 00 p. M. With 3 Business Days i did contact a republicable firmer and spoke with the owner he looked at. I think you can finish the rest on rebuttal. Youll have rebuttal. Okay may i and were on a tight schedule so stay one. It was important what the engineer said. Youll have time on rebuttal. Okay. Ongoing well hear from the permit holder now. I wanted to say that the downstairs and patio are design of that was in part from my exhusband and my aging parents and family he has a condition that means he is several years hopefully more but we designed this downstairs space when we cant take care of himself hell more often and ill take care of him here so the patio was designed to put in a temporary ramp come into the french doors im going to turn it over to my attorney. Good evening commissioners mr. Gladstone im glad she gave me this report weve been asking for it for months and saw it tonight approximately the inspector maintained with a refinance or something and i could comment how it but not had time to review is it a little bit of prospective by showing you a photograph first it is lined up. Overhead please. Overhead. What i want you to see if i can expand to the property thank you the property in question my clients property is right here 34 dr requester is here at 38 youll notice the distance between the two houses is greater than go anything on the block that is fortunate for both of them we learned get a letter yesterday that is a dazzles filed with the they have a setback of 12 feet and 4 feet at that point but the bigger setback is here with the appellants and if you look at a closeup you see the setback closer this is our building and this is appellants building and even closer you see this again, our building and appellants building and the biggest concern of the appellant we understand why in this yard area 15 to 20 feet between appellant and our client is Response Time on the property and it is falling down a good i think four or five feet from the Property Line that is about here whats being done to make it simple is this is at evacuation that will be done the back of my clients property is here and the front of my clients property it here this is a brick garden wall appellants property is represented by the line in the backward what my client does digs down 4 feet and a foot slab and by deciding down right here but we dont understand the remark the appellant the appellant saying were filling up against this window she points out were actually going down not up this is at window and were building down what is created is a retaining wall parallel to this wall only my clients property here that will serve as a wall of the patio that is going in and the patio is going in from here to where my clients building starts over here it will not come near this retaining wall and im glad that appellant showed you that report because the report from our own inspector said st. Paul concrete we know that note a structural defeat mentioned the vertical graph and says in his report over and over the settling of homes is to be expected we worried about that appellant had hired a consultant my client hired 3 theyre all 3 here a Civil Engineer and soil engineer and Structural Engineer along with the architect to answer any questions theyve taken this seriously hired all 3 ask them to be here tonight and further they went to the department of building inspection of Building Department and met with willie you dont know hes one of the strictest and most detailed of the people that plan check and really asked to see a across section of what was going on with the patio i was made aware the appellants wall is crumbling by appellant when he talked about a bunch of times to the appellant willie asked for the drawing that was the second meeting and willie approved that drawing in front of you again to take all precautions this was done properly my client is concerned this is done properly and appellant mentioned stain glassed window that is the plastic of the front room of my clients residence this is of great value and wants to make sure this is dysfunction absolutely right and shes gone to the best professionals to make sure that happens as to the alleged illegal evacuation illegal work the Building Department came out and looked to see from the allegation of the logically removal or addition of a window was true they find it was an additional excuse me removal not an additional no violation issues they came out and saw that the demolition for the destruction of the lower level was a little bit too wide in the wall and in one area suggested a permit obtain for destruction and which was obtained and no notice of violation. Thank you. Mr. Gladstone. Yes. The sketch you showed the section you had that in your brief give us the distance that is there. Sure ill take out another drawing to do that. Heros a closeup i can show you in the bigger plans but it will be hard to read and perhaps john can correct me excuse me scott. Mr. Gladstone where in your brief. Excuse me sure. That would be one part is on exhibit g and thats from one direction from another direction from birds and view ill locate the page it is a little bit clearer its on this page so if you look at on page exhibit h the second page in exhibit h youll see the patio from a birds and view it is on the overhead scott with the explain oh, its on the plans this is the page showing the distances scott would you like to show him. Scott would you come to the micro. Im the architect of record on the project it is 19 foot 3 wide so it wasnt along the whole propelling as stated and im interested in the driechlts. From the face of her building to our Response Time is approximately 3 foot 10 inches i have a section on that. The section was in g. So as you can see this is 3 feet 10 inches and based on the survey we commissions her home is one foot 10 from the Property Line so as you can see this section also shows the wall is actually sunken into the ground were not building up to block that window. Less be clear i want to be clear their luke steps and rear. Correct it is an up slope lot from the drone to the back of the property what youre looking is steps to the backyard thats that will not be assessable. Is that your answer. Not yet the section you showed earlier was a longitudinal it was parallel to the Property Line. Thats correct. I thought from the presentation you said that was the section between the two properties it didnt look right. I meant longitude my fault. Thank you. Okay well hear from the department now. Mr. Duffy. Its right there inspector duffy right tell you okay. Okay laughter . It didnt look right laughter commissioners joe duffy dbi the Building Permit under this was a form 3 permit which means taken in and reviewed by Planning Department, Planning Departmen