tv [untitled] July 27, 2011 7:30pm-8:00pm PDT
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asking to respond before type of the hearing on. -- tonight's hearing. i did not limit it to any foru m, and i didn't limit it to community boards. we wanted to sit around with a neutral panel to try to resolve this. we can only do that. >> i have a question also. it mentions the complaints happening in the past and the need for greater a valuation, just a quick stop. you said something about in court, you have discovery with photos and maybe statements from prior owners and what not. for those materials ever provided?
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where they reluctant? the property line when the issue, if the question is if it existed before or in size, if you have a photo to show, it might have been helpful. >> it is a great question. there are a lot of photographs, and amazingly, that window -- and there is nothing i can show you tonight that is glaring before and after. where litigation would get us is subpoenas. it is shutting down stuff. as attorneys, we have to respect the system. if we can shave the sheep and other way, we would like to do that. >> there are limited resources
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the first page of n. >> describe what these pictures represent and why they were included. >> the photo here is where it has been started. it was prior to a permit being issued by the department building. -- department of building inspection. i went down and filed a complaint for work proceeding that had not been permitted. they had taken a lot of wood into the backyard. i thought it was going to be
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more than what the permit had been issued for, the 50% of stairs to be repaired. they are rotted all the way through. in the next picture here is looking down on these two. from my roof, with a potted plants were put on my roof by the neighbors next door. >> did you askt hem to -- ask them to remove them? >> they have been removed. the stoop is an issue. it allows egress. the photos here from six years ago. they show, let me see.
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they show this to our event from in front of the window that was installed. that is the window that was replaced. i believe you can see a difference in color were the titles are more pink at the bottom. originally, the windows came of the way down to the gray area in the photo. it is now up higher by about 3 inches. it opens and allows egress to the roof. the fed did you call the police? >> i did. >> do you have a report?
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>> no. they instruct me to call the police every time to make sure that i get a cad number. i have requeste that information. the next photograph is from my backyard looking up at the -- whoops. looking up at the door from the top of the stairway. that is something that they have on a clothesline. >> what is the importance of the photograph? >> i'm not sure, to be honest. >> i thought it was the same front of the house. >> my house is the house that's white on the side.
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we had a tent up. >> what is the next picture? the front of the house? >> my house is the house on the right. >> these are also photographs of the work that was being done. this is all of the lumber that is being brought in. and another worker down at the base. >> this is a photo of the chimney that was originally on the building.
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it is my belief that some much work and renovation was done inside of the building that it caused the chimney to fall on my roof. the fire department had to come over. >> that is not related to this permit, right? >> no. it is related to the issue of the permit abuse going on and the fact that she begins work and retroactively goes after a permanent. president goh: the first page that you went through was really helpful for me to understand what was being represented. i think that is good for now.
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commissioner garcia: the window is 3 inches higher that had been before? i imagining there is some tolerance that is allowed when you replace a window. if it were 3 inches lower, with its goal provide access? >> the original window was an aluminum sliding window. there is now a window where the bedroom is. >> allows access. >> as far as construction, the window itself would be diminished. they are all kind of interconnected. it is now a bedroom were living quarters.
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and >> had just kind of foster's -- >> it just kind of foster's a living environment that is like chasing the dragon scale. -- dragon's taile. i'm not 100% sure, i don't have enough information to tell you under oath. but i would suggest that it is likely room built without permits. and my belief is that when the department of building inspector comes to investigate, the line is that we did not do any work in here and he leaves. commissioner garcia: the fact that she uses a bedroom, you are not suggesting that as a violation of the building or planning code? >> not tonight. president goh: thank you.
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the tenants, can they come and talk? i don't live there. can tenants come and talk about the complaints? president goh: is there time? >> yes. commissioner garcia: let's not get into that. president goh: just say your name. were you here at the very beginning of the hearing? you didn't swear? >> i am a tenant in the house. the stairs are a big problem because the bottom part is rotten.
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the permit is necessary because it -- we have friends over and a garden back there. we don't climb out the window onto your roof. i wanted to impress that it is important that we get his permit - -this -- this permit. we have friends over, we like having barbecues and it's important we get it. president goh: how long have you lived there? >> since january cl. president goh: is the room a bedroom? >> yes. president goh: is it a bedrrooom in your unit? >> yes. there are three of us, i'm on the top floor.
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president goh: is it a separate unit from the rest of the building? >> the top floor is a separate unit. the outside downstairs is communal. top and bottom. commissioner hwang: the property line window is not part of your unit? it is? thank you. president goh: you have another minute if you want to use it.
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>> [unintelligible] president goh: ok. thank you. i'm going to -- commissioner garcia: miss li? commissioner fung: i asked the appellant whether they had done any form of approaching community boards where neighbors can discuss things and see if they can find some common basis to have a neighborly relationship. would that be of interest to you? to see if there is an ability to reduce complaints and lived to get there? -- and live together?
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perhaps your daughter can translate that. >> no. nobody called me. commissioner fung: would you consider that? volunteers service that in the city. >> it's a good idea, but let them come to me and let me do the stairway. commissioner fung: the stairway is the issue before us. the community boards thing is
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voluntary by the parties themselves. >> i think that for today's case, we would like to let us do the stairway thing and in the future, she would like to go to the -- commissioner fung: community boards. ok. thank you. president goh: i was going to give you another minute if you have any for one -- a need for one. if you'd like. >> i would like to ask michael if a new permit is granted for the stairway to be rebuilt that
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the area be removed so there is not an eagerness to my roof and is -- egress to my roof. the entire stairway should be certified by a structural engineer. president goh: anything more? commissioners, any questions? commissioner hwanpeterson: at wt point will they be warranted? >> i think it will be required by drawings.
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the picture showed it at the bottom. >> how would they know it is more than 50% needed to be replaced? we heard lumber being brought into the backyard. it certainly happens in this city. a lot of times, the have done more than 50%. there are engineering drawings. >> what about the stoop issues? they go to planning. >> i think plan and would do an entire landing structure.
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it is required out there. and it will be replaced in kind, you are not changing the configuration. there are planning requirements that is the process. >> it will be very hard to pick up. i don't have that as possible. there is tram on the window. i think it is hard to prove. but they changed the size by 3 inches. president goh: the matter is submitted if you have no other questions. comments?
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commissioner garcia: i invoke rodney king, why can't we all get along? it seems like we don't really know what is going on. i feel as if i don't really know what is going on. i have great sympathy for the neighbors of all of these issues took place and they were filing these complaints because things were happening that were not dakota. -- up to code. i would feel sympathy for the homeowner and someone was looking over every single thing they ever did. it seems a shame, i love the idea of community boards. as for this permit, they can go back and ascertain whether or not it has exceeded the 50%. there is no nov issue
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attached, so that's not an issue. i feel like it would be reasonable because sa picture depicts plants on a roof from another house. the very fact that they have access and someone has done that means they have not respected somebody else's property rights. it is perfectly reasonable for this board and to require that a screen be erected on that's to -- that stoop on that wall, and i don't see how it will do any harm to the enjoyment of that stoop to the neighbors. all you can ask is to realize who lives next door. they are sensitive to noise and other things that take place on that property.
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maybe you have been of great neighbor already, but be a little more sensitive to their issues. commissioner peterson: since you suggested the screen, what are you -- commissioner garcia: they can take the form of a trellis. anything that would prevent someone from standing on that's due to be able to reach over and place things on the roof of the appellant cozy house that is right next door. -- the appellant's house that is right next door. if you put a large plant there, it is not that big of a steoop o begin with and you are limiting the amount of space available.
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commissioner hwang: i would say that a lot of the comments by vice-president garcia would be the same as mine. i think what is very difficult is how we live. i live in vernal heights. i try very hard to avert my eyes when i see my neighbors eating their breakfast and i try not to look at them. not because all we are unfriendly, but just affording privacy and consideration that we would like for ourselves. that is something that i think everyone should think about. i agree that it has also been said. neighbors have gotten into it over un-permitted work. it is hard to dial back what might be a hostile relationship
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and work together as neighbors. i can understand the appellant's perspective once the on permitted work -- un-permitted work, they're not in position to see it or see as a fair response has been incredibly frustrating. i understand that is what brought you here today. i can also see the neighbor's trying to fix a set of stairs that is rotted and dangerous . they hnhee -- need to fix those stairs. it is difficult. when you see the wood and the work starting, instead of saying, what is going on, pickup the phone and call dbi. it brings dbi into it.
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everybody should go the mediation and figure out how to get along. it might be helpful in this situation. president goh: do we have a motion? commissioner garcia: i don't know if i am failing on the issue for some sort of device to prevent people from reaching over. president goh: i think it is a good idea, but i could not tell from the pictures where it would go and how it would function. commissioner fung: cumene the vertical screen so that one can't go over? commissioner garcia: that would be fine. would you, as an architect, suggests something? commissioner fung: it is relatively easy for us to suggest these things, but i am not sure is the root cause. if they had any de
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