record a memorandum from the planning department, which i received yesterday, the clearing departments that this of permit some of documents. the intent of this memorandum is to document progress from the project sponsor to abate violations. , to get to that point where they are today, plans have been updated under the proposed conditions that will apply with applicable planned submitting an acceptable design on the farm -- on the front portion of the building. no. 3 is submission of a

variance application to legalize the encouragement. and all encroachments above grade shelley documented to be fully maintained on the southern property >> and the questions? >> no. >> average expense line above grade? >> building code does not require permits to be issued for deaths and patio of debt of less than 30 inches above the grave. therefore, we would consider such items to be a simple

matter. -- civil matter. let for? the requirement level? -- >> at the requirement level? >> id is not 30 inches above grade and would therefore not require a building permit. >> for them to put a deck and 30 inches, it would not be enforceable. that pending into a non compliance -- back ending into non compliance could not be for

them to find there are arrayed? >> it with their foreign of our new building permit. less >> when we heard this before one year ago part of the new design. >> currently adapted and submitted in the documents.

for this side in the rear, a as was said? in chile with several buildings in the keating construction that goes back onto the subject. >> think you.

we're there. commissioners, rivers and in the owners of 135 is -- camino del mar. we have been working hard with the planning department to get this through the process. and eventually get to burke regina kilovar et.

quickly i want to run through where we have been. exhibit c shows the chronology. every process over the last 12 months. outlining what their requirements were. at that time we felt we needed a new architect, so we hired more to help us through the planning department. this is really more complex as this involves the redesign of the entire front of the building. june, first submitted plans from july and into july without

more comments backfill a number of times we noticed and held a site with the meetings will we're doing best about moving forward, it should go out in the next week or so.

if there is a discretionary view -- discretionary review -- it will be there if there is a discretionary review application. we will have something to build, hopefully, moving to the board of appeals. there is still a ways to go and i think we have made significant progress. i wanted to thank the department, they have been excellent work with. >> of those notices are going out next week? >> perhaps even this week. >> public comment? >> good morning, commissioners. i will try to explain what is going on here.

he knows three or four times i have sent a copy of the survey to them. they had a copy on file. you can go on these on-line requests for the property. the front of the building is more than 60 feet tall. on the side of the property it needs to be removed. encroaching on the back of the houses, this patio, which is never discussed, must be restored. they know what needs to be done. nothing has been done. according to information from

your computer, it is on hold from january 7 of this year. they submitted some kind of claim, not through the building department. no one knows what is going on. ultimately it needs to be resolved before we move further. nothing to say they will move the cost of the house. they needed some kind of agreement to move forward. the story is not going nowhere. that is what it is all about. this is from your system.

if i am not making up stories, ok? mr. sweeney clearly stated that he would take the investigation. what needs to be done? you have to get the report from the developer. so, you have to do something about it. or you can move forward immediately. >> you have a pretend surveyor? >> correct. >> they have one. >> it is a partial.

>> have you ever gotten together to compare? >> yes. they know exactly what it is. addressing the front, the back, the sides. the rest of it came from nowhere. they know that. >> you say that there is no communication there? [inaudible] ] ... [inaudible] jemaah >> -- a [inaudible] >> -- >> [inaudible] last year the order dated,

september 25, you would allow appellants additional time for association of property line dispute and city planning departments. they have never tried to resolve the property with us. we would like to get them all resolved. so that we can move forward and they can move forward. i would also like to state that the front edition, painted plywood, has been like that for only two years. now it is deteriorating and should be inspected for electrical or funding issues for the safety of the neighborhood. that is another area that should be investigated. >> you have had your three

minutes already. thank you. >> other public comment? >> rodney gravy, el camino del mar. some of them have been here for 10 years. the recent illegal editions started to a half years ago. -- two and a half years ago. your order of the big man was issued over 14 months ago. they have known about all of this for a long time and nothing has been done. it has not been done quickly. there is a massive structure here on this property that is still into the required setbacks, over the property line in some cases. the structure is dangerous, as you just heard. something needs to be done about

this quickly. attempts to talk to the neighbors auctiohave been an att to convince the neighbor is that what the plans are is what we should agree to. any compromise suggestions mentioned by the neighbors have been thoroughly subject -- rejected. very contentious on their end. we are trying to get to something that the neighborhood is comfortable with. as we heard from the planning department, there is a variance in continuing to build into the open setback requirement. something that neighborhood does not want to see because of the open space. i guess what i would like to ask, does the board consider taking legal action to compel the property to put the house back in historical approved plans?

-- historic fleely approved pla. if you like, i can read this into the record. >> this is not an action item. >> but you do have one that i read to you. >> thank you. any questions? >> not at this time. >> my question is that your order was stayed for 12 months. it is now 14 months and there have not been quarterly updates. what happens from here? >> that is what we will find out next. ok. any other public comment? ok. >> i would like to know, from our position, i think that we

ask for this -- and it has happened. who do we ask? >> i did ask. mr. sweeney? deputy director? >> we are planning to issue a permit or deny a permit. giving the property owners a chance for the process to have their issues resolved prior to the issuance, and if they are not happy they can go before the planning commission to voice their displeasure. >> our action? this action that we made a decision on? >> i asked whether or not it was recorded. >> i believe that he said it

was. >> we have done all the weekend as members of the appeals board. >> it seems like the planning department has issued orders back in our department and the new permits are being reviewed. new applications for permits. >> it will not be out of planning for a while. >> until at such time that it comes back into our department, we do not have authority over it. you are free to pursue the action of viewing the permit, essentially. and whenever you can do through the planning department. >> does everyone understand that? if there is no other discussion, we will close this item. >> a item -- item g is general

public comment. >> seeing no one. >> ok. item h, adjournment. >> move to adjourn. >> second. >> all in favor? >> those opposed? >> unanimous. >> 15 minute recess? >> we will return with the building inspection commission meeting.

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