There was concern the tenability were in the udu and paying rent. Okay that clears that up. So i mean my main concern, of course is and i irrelevant appreciate. Your response and sharing your personal experiences the issue at hand is beyond this project. Of because of the housing crisis that we are currently experience nothing San Francisco and you know we are sighing many and for years people buy property and flip them and owner move in evictions or relative must have in evictions and vow San Francisco a pigy bank to profit. If this is not the case with this project i feel better about it. But again, you know i think it is really up to us as a Planning Department to potential low talk more about the issue because i know we have very Ambitious Goals to not see housing. How do we actually apply that . To some of issues we see before us at planning. I think the prior is ensure we protect the concern tenant. I commends the sponsor for agree to return the concern tenant at a reason controlled process and like to see the commission ensure we include that. In a motion we make today. I will stop there. Thank you. Commissioner imperial. I have question in terms. Udu going to you mentioned you will apply for legalize the ad u. Have you submitted an application for this . Correct when we submitted the plan and talking with the city, they told us that you know it needed to be legalized and that but we could not do it through the standard permit set. But we valid to do it i have at state ad u there are block and the [inaudible] i dont know that might be your area. Yea. Can that be because yes im aware we have the local ad u and state. Restriction on the local program if there were evictions of any type a 5 to 10 Year Holding Period the option to pursue a state ad u to legalize the udu. The state ad u does in the owner move in eviction that happened in the last 5 years. Correct. Or the other wave around. Owner move in eviction does not present the pursuant of the state ad u. I have to legalize it but you cant through anything butt state ad u we said we are notteen this is now you to. We can leave it as a basement. You node to or ask for cu. That was the upon only avenue the city gave us so we have plans and permits submitted we need to determine that to be able to do anything with temperature it hinges on this greater project. Thank you. The state ad u does not protect in terms of the deed restricted. That it is not. The state does it protect deed restricted or also allow for a former tenant to come back. I dont think there was a former tenant there. Their choices were to ask for a cu to remove the udu and the legal unit. Or their path to do it under the state program. It is a bit of those other 2 options. If you added the ad u under the local ordinance it would being subject to reason coal the state we cant. But in this case because there was an eviction they cant add it. They can remove it. That is the issue that the decision you made in terms of apply to a state ad u. This commission is very you know we have a preference for our local ad u program give reason controlled it does cover reason control for future tenants. Unfortunately the state will not give that. Um that is also a concern for mow in terms of yes, it is good to legalize this unit but the future tenants. Another question, too is this the addition of the officer deck. Looks like in this area as many of the buildings around the area has flat officer. Is that correct . Yes. Yes. And this officer deck will be accessible to one unit. Was not initial low like that. We had a full set of stairs up and down. We had to reduce the building by 2 feet because of the neighbor issue that forced the redesign it was a function of making sure we have enough open pace and make sure all the codes are met. It was in the initially like that it was not our intention it make it that way but felt with the reduction the fortunate use instead of building a huge stairweland has privacy impact walk down you look in peoples unit to credit that open space on each floor. Of you know we tried to make it mod evaporated we set it become on all sides 5 feet. You know it is in the going to make anything crazy i live in the top unit and we tried to follow all the rules. Yea. You can add a roof deck however looking in through we are trying to look in the context of the neighborhood as well. It looks like you are the building that has officer deck all 3 of will neighbors including the petitioner have a patriot roof deck and the next door nature and all 3 niches have private officer decks. We are on a slope. Even though it is a flat roof each bells is set 8 feet that down it is not like i could walk on someone elses deck. Well is staggering that helps. The impact to being right next to each other. Aller neighbors have roof of decks. Good to know. In terms of the there are questions about and the previous landlord, did not actually improve the mid block open space you are trying to improve it. You are trying to improve the roar yard. Which is good the fact is that this rear in regard as you do it now you cannot go back to the track of where the attentives had when than i have a different land lord. In terms of officer deck it is something you know you can say there are 3 roof decks but however a majority of this area may not have this roof deck. Or the 2 blocks of that. Other question in terms of the tenant living right now. Dushlg kruck hawill help. We the work with her and make sure that we secured somewhere it is hard to tell. We may be able to do portions without moving out. We may have to work through this if we get through this. It is tough. What we talked to her daughter about we will provide all the required relocation. We can work with her on the time line if we push it a mock or 2 and has time to get her stuff together if we all would have to move out. We have to rip off the back of the building. We are willing to work with her if the relocation is not enough we the community through that. Whatever works is when we will do. We touchod it but the ad u and the reason control it is not our intention to circumvenn rent control we have not raised her rent since we got the property. We have not raised that we are not doing this to be speck welltive we are doing what is expected by planning. And trying to navigate the complicated water its is not our intent it is our option we were told we had to do. In this case, you know im more in terms of loning toward taking the dr with condition that relocation agreement. Sure. Depart. Sure and monitored by planning in terms of what commissioner ruiz was saying. Sure. I like to hear had other commissioners say in terms of the roof deck. I like to direct my questions to a different set of people. I will talk about a different subject matter. Upon im sorry i will asking a couple of different questions my first is to have you speaking as an attorney of rebuttal of the application. Speaking about the legal issue. 3 units versus 4 and how you saw it relative to what is in 41 of us the project was purchased or had an political for 3 units. The applicant is saying they thought it was a basement they had a 15a and mailbox and gate make its electric like a unit. Could you spoke to that one more time. It creates a different argument how we look at what is in front of us. Brian oneil, so the San Francisco recognizes that as a unit. Had the original project political was submitted it showed 4 units and showed a kitchen and showed a bathroom enemy that basement unit. Recent plan its is now shown as rooms. Ad u was pulled out of the project application and submitted separate low. What is proposed now in the project plans show just 3 units so the project before you today would you can to approve 3 units the state ad u application is separate. And so it there is nothing i guess prevenning the owners from not moving forward with that ad u. Because it is a separate permit and not before you today. What the tenants attorney was explaining was that during the eviction process he was not med aware of that basement unit. And so what he was suggest is that if there was an empty u first and somebody does an omi you are supposed to move in that unit. Sxf they could have legalized that basement unit as an ad u since they were not moving in at that time. And they could have legalized that ad u and moved in this ad u without evicting one of the families. I think them is an important upon points thap is in front of us the additional confusion here is the solutions that ceiling height in this 15 unit is not sufficient to have a legal unit i hear back and forth can you clarify that. Mr. Winslow . There are often cases they are not code compliant in bringing them to compliance is making improve ams that would make them legal. Thats under the scope of this request. And under this permit 2 feet down to provide ceiling height. Thats when is under reruin this permit of legalizing the udu2 de feo to provide head room for the unauthorized unit. Im puzzled how that would work the structure is what it is how dig down without altering the building. I will take that. Im jim houston. I did not ask you. Through the permit application to replace foundation and excan have a bilt to provide head room for the udu to legalize it. At this moment in the current state, the unit is not occupiability . Period . Not legally thats why. Okay. Mr. Lum still here . If you would not mind raising a number. Important questions i look at a project like this in the place too many issues would you about your observations and have him respond it your questions. I stated in the hand out i give to you, there are major life safety violations with the way this building has been designed. If you conditional have bedrooms that dont have access for escape and also fire rescue. The backyard there it is none of that. So in this is [inaudible]. R2 and therefore it is when people dont know when they are doing and used to building single fell or history that is they may not know the codes. This is an urban metro life safety issue. Being you respond to this buzz we are talking about what form is this would abouting pursuable or does it node to go back to the drawing board and finds a Middle Grounds where the technical challenges this mr. Lum is sum rising in the learning neighborhood concerns are met in some form y. Before i get to Technical Details and limits of my understanding and knowledge of fire interesting codes. Is that it is not uncommon for them to be pursued under a separate permit that shrilled a separate process. Review with the Building Department, Fire Department and Planning Department. Original plan that came in under 311 had a review with Building Department and there were no comments came forth red energies at that point. The reason was they prosecute poseed remove the existing roar wood stair in the rear and provide a flight escape acsesdz the officer deck. Of fire escape structure like that is an exception to the rule. Concern state without a meanings of accessing the Fire Department. The criteria which mr. Lum has correct low assessed is this the Fire Department needs to access the rear. For 22 foot leader. 3 foot wide is the minimum standard. Straight shot through. And that in doing so it might diminish or eliminate the size of the ad u. We dont know that we are not the Fire Department nor Building Department we dont know if there is another means to accomplish that. If it were so cord to the diagram and if it were it decrease the size of the unauthorized dwelling urning nit by 25 from the original condition would come become through planning as a cu authorization. We would the commission decide or not on whether to grant that authorization. The project sponsor could apply to remove the unauthorized unit through cu authorization with the criteria found it is financial low infeasible to do so. One of the other concern system tht ad u or udu that has been applied for is not code compliant. Bedrooms the front bedroom has there is not an understanding of the Building Code by this applicant. And it is unfortunate a professional was not used in the creation of the design. It does not meet the upon stooshsd of care. But i understand the Planning Department and staff is in the here to vet Building Code. But in this case it is more severe issue given the number of units and appalling to me manage that had code issues continues to be resubmitted without correction. This includes the front gate. My occurrence are where we are asked to approve a building that when it ultimate low guess through the sausage factory and dbi it becomes Something Different. We are struggling with too many issues given the hundreds of comments the minimum i expect them what is in front of us is something that meets in a way to minimum expectations. No audio. Of an approval of a building why we are not having the details we are not substitute for the Building Department and Fire Department to look at the final grain of code compliant building or with air function in building be this is what our responsibility is here we are working hard to have that discussion and me asking architect lum on his person to me relative to the decisions i make. My next question. Thank you mr. Lum i appreciate it. Next question goes to mr. Winslow. What would a 45 roar yard not looking at reariard average look in this case would you tell mow what that would look like . Yield a building 33 feet deep from the front. The concern building is 42 foot 3 inches from the face of its front Property Lineful 45 roar yard is 27 feet deep on this lot. The block nobody meets 45 . If you electric at the exhibitses severlow contrained the shortest building one of the shortest on the block. More open space than any other property on the block. Let mow say that i appreciate that the rear stair was like a major piece of furniture disappeared. The building has become shorter. But when i look to the building to the west i regret it is over shooting in i american that is too much. I would like to finds a Middle Grounds in terms of how deep the building can function. In addition to that and this is my personal opinion and i stated that opinion in many other case, i believe that the rear spiral stair case to the roof is bulking out too much. Im not prepared to support it requires a tall fire separating wall from the other building bulking the belling out further. Why would you not choose a porch like you did on the other flowers for that floor . Could you mrin that, please . Sure my per in exit w from home we were trying to mechanic myself the interior space. The loss of the 2 de feo that was frommor first we push today back and lost another 2 de feo it is now i want to have kids. It is a littles bit of a space issue for us on there we both work from home. Space for an office. We tried to maximize the out door space on each floor. Thats how our consideration is we can put in a little office. The space requirement we provide 100 square feet of private space per floor we removed the rear stair that took all of the tenabilities down to the shared space the point in the drs response was that we were not providing enough shared space or open space. In order to meet those requirements we made that bottom yard private and the top unit have the deck. And we had to cut in 100 square feet out of each to provide open space because of getting rid of the exterior stair. You are cutting out. Yoof the net result is incoming the open space of the backyard. We put a picture up the rear yard has a fire exit. Would not be required the build suggest sprinklered. It increases the open space of this area. By delete thanksgiving stair. Thank you for this. I wanted to say that if one has open space ash joining to one unit i consider this my living pace it is private open pace and understand the covid constravents 2 people work in one smaller unit im in the same predicament with my husband we fought for 21 2 years. I think that applies to everybody in the room. We are live nothing unit size varying sizes. Being you tell me what the existing unit sizes you are in and when you are expecting it gainch i know it is 736 square feet. And the end it is 14 increase in size. Right mou we dont have a kitchen we are trying to design it with wherewe get functional spitz the tenant gets space. 736 now and the be 838. 102 feet. 10 by 10 across a 23 foot wide property. A 14 increase it is minor. And set become a couple times at this point we wanted preserve the 3 bedrooms. I think an important piece to point out is that you know right mou it is 1906 design. The initial it is a box a rectangle. 4 rooms and the enclosed porch when im in the kitchen there is exterior window there. It is in the functional. That was the bedroom but no window our tenant sleeps there because it does in the touch up to the sidewalk and does not have a window. We are trying to make it functional and safer. Nottest 102 square feet. I appreciate your comments im on the 3 blocks over. Space in which families with multiple Family Members with. At a Square Footage that was by far smaller than anything you will move into. I dont want to entertain a conversation im speaking. And i think we need to understand the measure of scale here. The number of people. For us as commissioners who are in the middle of the most brutal times i experienced in my adult life. People are being disaccompliced and people homeless and no Affordable Housing available this is a tough project. Gi understand. Ure might be not to respond. Im sorry. This is a tough project and im trying to find a mitts ground and have been basically not been able to come to land of when we mead to do. We need to see it now and if an ad u occupied in 5 years i like to know what im approving if i dont get it 5 years from now. It is those things and i have issues with the massing of the building in the rear. I could enlarge am of the building is in the outrageous. The amount of scare footage is doable. The stair case is not a consideration for me. Nor is the roof deck. A porch would be great and make it a fitting building. And the comments you raised earlier about tenant correction specific letter of agreement about what the tenant will be protected for. How long and what form. Including a protection this i think would deal with it is life span. Are extremely important. I see if co