>> good evening and welcome to the march 9th board of appeals.

we are joined by representatives from some of the city departments will be here speaking this evening. we have the senior building inspector and we also have the city zoning administrator representing the planning department and planning commission. we're joined by the urban forester representing the department of public works. we also have hurt some bids from the mta. we also have the acting preservation coordinator. >> the board request that you

turn off all phones, beepers, pagers. please carry on conversations in the hallway. appellants, permit holders, and respondents each have seven minutes to present their cases and three minutes for rebuttal. people affiliated must complete their comments within the allotted time. to assist the board in the eye toward preparation of minutes, members of the public who wish to speak are asked but not required to submit a speaker card or a business card when you come to the lectern. speaker cards are available on both sides of the podium. there are customer satisfaction forms on the left side of the podium.

in this meeting is broadcast live on san francisco government television. thank you for your attention. at this point, we will conduct our swearing-in process. if you intend to testify, please stand, raise your right hand, and say i do after you have been sworn in or affirmed. >> do you affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? >> thank you. >> we have two housekeeping items. regarding item number7, the

parties have requested that this matter be rescheduled. they are in settlement discussions and hope to have the matter resolved. with emotion, we can reschedule this. >> so moved. >> is your any public comment? seeing 9, please call the roll. -- seeing none. the matter is rescheduled to may 11th. >> thank you. the other housekeeping item is appeal number 10. this afternoon, the appellant submitted a withdrawal. the matter will be dismissed and

will not need to be heard. we can move on to our regular agenda item, public comment. is there any member of the public that like to speak on an item that is not on today's calendar? item number two, comments and questions. commissioners. then we will move on to the adoption of minutes. before you for discussion and possible adoption are the minutes of 2000 -- february 16th, 2011. >> i move for adoption. >> is there any comment? ok, please call the roll. >> on the motion to adopt the minutes -- the vote is 4-0.

those minutes are adopted. we can move into our addendum calendar. >> this is a jurisdiction request at 415 oxford street. we have a letter asking that the board take jurisdiction over bpa 2010/20/12/6512s. >> we will start with the request there. -- requestor. you have three minutes. >> i am the owner of that

property adjacent to the subject property. i purchase my home in march, 2010 parent . the first time i learned about the subject properties construction was september, 2010 and i saw the posting outside of the subject property. i called the planning department and expressed my concern that if there is not enough space between the two properties, it would significantly impact my situation. i was told by the planning department that there would be a gap between the houses and to the effect to my property would be minimal including the lighting and future maidens to my side of the property wall.

-- future maintenance to my side of the property wall. there was no construction work performed at the subject property until the end of january, 2011, when i got a hold of the architect. they explained on january 22nd and january 21st that the construction of the house would not have any set back from the property lines to the foundation. in addition, the extension would completely block the side windows. this is different than what i was told from the planning department, thinking that there would be a gap between the house is extending all the way to the back of the house. i asked the architect and i said i would file an appeal and he said that he had my -- to indicated mind -- to the property owner of b.

subsequent to talking with the architect i found that the permit was issued on december 3rd, 2010. i had missed the deadline to file an appeal as i was out of the country traveling. the evidence was provided in the file. i then called the building permit apartment and followed the jurisdiction request. my main concerns were as follows -- there's not enough space between the houses to allow any maintenance work to be poured -- prepared on the next three walls. the construction workers attempt to take down the pillars attached to my house yesterday and had already left marks on my wall due to the space between the properties. it is expected that made this work needs to be done due to the

current condition of my house. those would include painting, replacement of the wood, etc.. secondly, the current plan is blocking three windows on my property, one is the bedroom window on the top floor and the lower window at the lower local and also the laundry room. >> ma'am, that means your time is up. >> thank you. >> were you aware that the subject property encroaching on to your property? >> when they were doing the construction? >> no, the previous building that was there extended over

your property line. you were aware of that? >> yes. it was attached to the property but i did not know that it was set back by a foot and 6 inches from my own property line, so i thought that the site pillar touching the front of my house was ok and it was actually touching the property line. >> you also have a gap between when you came back from your travels, about a month before you actually requested jurisdiction. >> that is correct. >> can you explain that? >> sure. i had been living at my in-law'' house so i was not of my property all of the time. there is no construction for it being performed. i thought that the planning department was looking into my

concerns. >> did you get notice of neighborhood outreach meetings held in january? >> no. i believe the only notice i got subsequent, i came back from my trip was the one from the board of appeals and the appeal procedure. there was this file in my piles of mail after it came back from my troubles. i did not pay attention to that. they said that i need to look to see if i received that letter. >> how long have you been in this house? >> i have been there since september of 2010. >> you are not even there in february? >> no, i was not.

>> thank you. >> you said you spoke to someone at planning who gave you assurances about the space between your property and the subject property? >> yes. >> this was after you purchased the property in september of 2010. >> no, that was after i moved into the property. >> when did you purchase the property? >> in march, 2010. >> ok. you were the owner and then you move in and then you saw postings. >> there was an extension for the work to be done at the subject property. >> then you spoke to someone in planning. >> yes. >> what was your discussion?

>> i cried about the project. i expressed my concern about whether there's going to be some gap between the two houses because the intent of me purchasing the house was that the current house i live in is to test on both sides. they told me that there would be a five-six-foot gap between the houses and the effect to my property would be very little >> their response brief from the owner of the subjects property indicate that notification letters were sent by certified mail on january 29th of 2010.

what is the actual date that you bought the house? is this the closing date? >> the escrow closing date. >> you were able to see what was happening around your property, correct? >> the whole process took 1 months. i had two opportunities to look at the property that i purchasi believe that was in fe. the closing process happened from february to march. >> what is the date of purchase? >> this was march 1st. >> so, you had all of february. the first notice was sent out at the end of january. >> it was actually -- so i'm not

sure who had access to -- i am the only one who had access to it. >> we can hear from the permit holder or his agent at this time. >> good afternoon. i am the architect for the project. we sent out a letter in response to the appeal to the board on january 14th. i believe he should havein the t the notification that came out.

once i believed that the planner called me, he told me was that the neighbor called him and mentioned to make sure that we give that back. that is the only thing that the planner told me. i believe the only thing that the plan and knows it is about the fence. i believe the five-foot might be the plan, i don't know exactly between the planner and the building. if you look at the plans, we have a setback that is brought to the streets to match a dozen buildings.

we have a 4 ft. 6 set back from our property line. also, the set back from the front of the property. that is what the planner mentioned. we did not change any plan after the planning approval. so, i think that all this -- i think that that is all we can see. in san francisco, just for the reason to maintain the exterior wall and the said act streets,

all the buildings have no setback. i have a setback -- i have a picture here. all the buildings are attached to each other. this is the rear yard. the only one that has a sad fact is the -- building. the pattern of the whole block is attached >> he is the adjacent property attached to the building? >> you mean the other side?

>> we keep that exterior wall because we have the project. >> is this attached to the house to the next? >> there is a setback. >> right >> where are you in the construction process? >> now we just get started, the contractors have the inspection of the foundation. >> have you thought about flashing that for your adjacent neighbors? >> the property owner was upset

that he needed to stop. >> my question is to provide some kind of flashing between the two properties. >> i believe for the building code we don't build over the property line because now we get this back to the adjacent buildings. that belongs to the neighbors. i am not sure that the building will allow us to put a cover over the top. that i really don't know for sure.

>> just a few background issues. >> there's no requirement for a side yard set back. the application was submitted in february of 2010 before the application and the community of reach and the jurisdiction request stated they did not have ownership of the home. we also required in neighborhood materials to be submitted. we mailbox the notification to those that were on the mailing labels when the application was submitted