to the streets to the immigrant and to the homeless so i'd like to say that we're willing to work out any issues and would also like to ask you to give us the permit because we do intend to correct anything, you know, that's detrimental to the community. >> any other speakers? okay seeing none, public comment is closed. commissioner >> yes. ms. jackson in addition to conditions fourteen which is odor control and 15 which is noise control. when the project goes to get a building permit they will have to comply with all the building

code requirements with respect to the kitchen facility which i assume means thanks to like sprirlg requirements within the hood itself >> yeah, the building permit will be moved through frier codes. there's also number 9 that requires them to submit a separate sheet with an order control equipment on that we'll be checking that as well >> okay. thank you. >> yes. i guess maybe ms. jackson. so the picture of the captive thing we saw there is that the system they wanted to install the one in the backyard that we see >> the building was built without permits so in updating their exhaust system it triggered i know it's the

violations so that's why the building was constructed without meeting all the current codes so the picture is the new system they haven't hooked up yet and it won't be sitting in the backyard; right? will it be in the roof of the building? >> it's a single story building so that's the position it will be. >> and obviously it will have to meet the code. >> yes. >> since the legitimization of the structure is in the required rear yard as noted by the neighbors. >> everyone is supportive of the kitchen making sure that the exhaust system actually does help the neighbors in terms of the smell and the noise.

i don't know if there's an additional thing we could put in the condition that would help in that regard >> the only thing in the middle of making a motion i would ask ms. jackson if we have a contact number between the neighbors so if there's a dialog issue as the neighbors go along want to voice. >> i have their e-mail and i can get their phone numbers and there will be a community liaison and they'll be able to contact that person. >> commissioner wu. >> if i could ask staff was there also a question about the property line there was a comment about that. >> i didn't understand what the quay was if i could understand

the structure is on your property. >> yeah. uh-huh. so the place is over 2 feet to my property line. i don't know who did the bay or whatsoever >> okay. thank you. >> but the people over to my property line. >> thank you, thank you. so we don't have any information about that in our packet. i don't know if that's something we can address today >> we couldn't allow or authorize construction over the property line they have to have a permit so as part of this building permit that comes through we can assure that it's topts it on the property and not

extending over the line and to follow-up. where you have kind of a one-story building that has an kitchen adjacent do very this have to go up to the height of the other buildings >> i think it's - depending upon the estimation if i have an estimation of the exhaust at the rear you need larger blowers so if i have a noise issue so tlirsz there's a balance of the size of the blower they may need. it seems like they've purposed the equipment that has not yet been in operation so we don't know what the ultimate impacts would be of the systems they have in place there

>> so they look at their alternative besides accident main building. >> i don't know if any alternatives were valeted - evaluated. >> if the kitchen were in the building you have to have it you think up to the top. >> even if the kitchen was in the main part of the building you - i understand the location of the exhaust and certainly this was one of my concerns and for that open the variance to work with them to see other locations that are more suitable. but in balance with >> noise. >> noise so we don't know about

this system. >> how often is this kitchen used. >> everyday. >> is it everyday? for the architect or - >> sundays. >> just on sundays? >> could we limit that as part of our motion do you only need it on saturday and sundays? it seems like it's being used more. >> yeah. >> it's a big exhaust adjacent to where poem live it could tip over to more of a commercial use. >> it's an important comment but also their activities that can occur in the kitchen so i don't know if we want to go to

stent no cooking when you do sale lads. >> was there bringing the exhaust to the believe it's citing in the middle of this mid block rear yard. do you look at trying to vent higher-up >> okay there are tool structure the main structure is at the front and the rear there are 20 space between those two buildings. now the kitchen is at the rear cottage we typically exhaust it right there if we want to bring the exhaust back to the main building you have to go up. the restructure a r is only one story >> i understand that. >> you have to go up to the height of the building. >> i understand that. >> and it takes two

applications because it involves two structures. and nike would say it creates more noise because in order for the motor to work over long distance >> it maybe more noise but not in someone's window. >> yeah. more noise. >> not in someone's window it's at the living level and a yes. >> yeah. and i understand the expense in that as well >> i would assume if this is approved in its present form that fire or health will take a look at this backyard there are concerns will fire hazards and making sure there is enough space between the kitchen and the cluster in the backyard to make sure it's not an area that

could be potentially a cause of a fire that would involve a lot of structures nearby because it's a decency area almost all wood frame homes and i think this is out of your jurisdiction. but i would think this is applied that would be done. but to the credit of the chunky was sdrushd about one speaker who brought all the problems in one neighborhood particularly the people that are part of the misdemeanor done project and wonder around with other things. this is one of the problems the church is filling the gap but no management of the patience for the rest of their lives and i think it falls upon our religion

institutions to have to pick up the slack >> commissioner moore. >> mr. sanchez is there any consideration for visible screening of the equipment base if you're a resident irresponsible of how this happened and why it didn't have is a permit is there any visible mitigation that might be a mitigates for adding the visual screen. >> definitely it would be part of a variance decision because that's also one of the items considered today so it could be credit card by the commission that would be imposed by the variance. >> we talked earlier about live ability i would find it difficult to put might have in

the situation of the person who made the comments about the noise and smell it seems to be the visual impact on the quality of our life your bedroom or living room or all of the above each time you look up to get a feeling of a street you don't want to look at exhaust equipment. so i suggest we have the department work with the reasonable solution to sun screening that don't add height and shadow but visually breaks the idea of not having to look at this equipment. there are many ways >> with the attempt to try to

deaden some of the noise. >> it would be visible as well as noise and potentially smell and create an updraft it is important. >> oh, yes back to staff. the ms. jackson the photo that shows the exhaust system that's currently sitting on the building that was installed without permits >> that's correct. >> so we don't know if this is legal; is that correct? legal in terms of the height and the vertical whatever that is usually required for exhaust to urging to have to go back to the building department

>> yes. and the heath department department. it was within the co- compliance thing >> today, you know, if there's an increased height requirement. >> the exhaust has to be 2 feet higher than the adjacent roof so if the height is not appropriate we're going to have to raids it and also the visual thing. i could propose a screen shaft to so when people look out they look at the shaft instead of the equipment itself but it has to be approved by the variance because the equipment or the feature on the rear structure at that location it's as opposed to be there but with the shaft it

would be approved or it will come back for that >> okay. thank you for that. >> i believe we do not have a motion at of yet that is. >> there has not been a motion by the commission yet. >> i mean, i'll make a motion to approve the project with conditions as presented by staff and also to encourage the zoning administrator to consider screening of the ventilation of the equipment in his decision. >> second and a conspire moore. >> isn't the request for the screening the discretion of the commission and it would get

handed in the inclusion of your motion. >> certainly you could require screening but it would be up to my decision to allow it though the variance process. >> i'll to modify the motion that we recommend to the zoning administration to consider that and have staff work with you and the lee and the architect to make that happen. >> conditional approval next 8 talks about the mechanical equipment it public utilities screened i don't know if you want to amend that. >> it's already been addressed and a if it's in there that's fine. >> i'd also like to add the possibility of a different run for the you know the system that could take it to the adjacent building instead of this.

it's done. are you planning on ruling on this today >> yeah. >> actually, i was going to take it under advisory at this point. generally supporting a variance in this location but you i'd like more information from the project sponsor as to compliance of this equipment that's proposed with the equipment and to be approved by the fire department and other departments. so to make a decision at this time, i'd like to get more information from the project sponsor >> commissioners the conditions a really refers to the rooftop equipment i'm not sure that was

for the rooftop skrooeven. >> its equipment screening. >> the equipment a rooftop mechanical equipment on the rooftop rear excuse me. >> so then the motion is simply to approve with conditions? >> yeah. screening and i think i mean, the zoning administrator will have to taking into consideration since it's part of our motion. trying to pull the mechanical equipment over to the other building will have to be pulled and cross over >> it will be evaluated.

>> it's not that far. >> i know first place - i'd rather have to crossed off than be in my bedroom window. >> i agree with you but that's not a great solution anyway. >> so i have a motion just simply to approve with the motions. so commissioners if there's nothing further to approve the project with conditions (calling names) so moved commissioners that passing >> and close the matter to public hearing and close it with the decision letter that would think for the letter to the

before t before t before the board of appeals. this is for case 2009 at 194 on weaning i didn't street >> good afternoon, commissioners. before you is a request for conditional use for the property at the 194 sweeney i didn't street. the new construction of the now a family dwelling. the conditional use is required because the wicket is less than 25 feet. the project is also considered a dwelling unit merger and as a proposal to transfer one the dwellings locked on the basement level to the newly created lot.

this can be administratively approved since it meets the 4 out of 5 finding. a receipt from the street saying that they would be implicated in a negative manner. the staff recommend it that the loss of dwigs definition would be a more consistent scaled lot in this it's current size and that will be a dwelling that has more bedrooms and the proposed single dwelling is demonstrating sensitivity to the greater neighborhood >> thank you project sponsor.

>> good afternoon planning commissioner. i'm a representative for the project sponsor. i'm here to project the proposal at the sweeney i didn't street a second lot from the corner of sweeney i didn't. we're planning to build a 3 story that's been petting put to waste for a very long time. the new building will enrich the neighborhood and improve the area as well as fill the empty space on the lot. here's some photos - sorry -

okay. all right. here we can see from the top that is the lot which say we tried to propose the new building on it and we're willing to determine 0 this existing garage to have an open space for the new building that is also providing mid block open space. and the new building we're going to be 3 story and on the top floor we're willing to set that back to 15 feet to meet with the

planning code and as well as the back wall will sit back to match with the existing building. we also the existing 194 swen i didn't on that's showing is two family joining units and we're asking excuse me. we're willing to remove one unit to the new believe proposed to return the house to its one district. so the new building but also bring in code to the aesthetic to improve the community. this will you think, if any, the 194 at the corner of the house to the community and compliment

the character of the neighborhood has a whole. there's some pictures we can see. this is the existing 194 and on the record it is showing as 196 so we're going to take out one unit from the two family joining unit and going to propose new believe at the lot to continue the structural. that's the end of my conversation and thanks for your time >> thank you. is there any pun comment on this item?

>> i'm phillip i'm a family member of the property owner. mike khan. i'm here to read a prepared statement by the owner. good afternoon commissioners, i have lived in for the last 28 years my kids grew up here. however, housing in this city is unaffordable for most people starting out in life. my kids can either move out of the city or we must have more space. i was trig to keep this tight committed family together and we will build a house next to hour

house. we have long been planning this project for over 5 years because we have encountered numerous obstacles and delays but we've worked closely with the planning department to come up with a good design that will fit into our neighborhood while at the same time meeting the neighborhoods concerns. beef worked hard for the full support of the department. we request approval of this project so my kids can stay in the city that we love so much. we want to continue to be good citizens like we have long been for the last 28 years. thank you very much >> thank you. any further public comment?

>> good afternoon, commissioners how are you. i actually live across the street are from where they're proposing the lot. i think it's a fantastic idea. sometimes, i see people sleeping inside the lots and i'm concerned i have kids. i want to support them a little bit more and i'm glad this is going to try to get your approval to make this thing happen. yeah. >> thank you. any further public comment. oak seeing none, public comment is closed. commissioner moore >> i have a couple of questions i think generally, the idea is very interesting we're a obviously having a conformity in

the lot but i'm interested in asking you questions and therefore there is a meagerlyer more and more for the first building required in order for the second one to be justified. there are no drawings given to us to let us evaluate them for the modifications to the basement but there's no future illegal use of the units for this thing. in a sense for as much as i support the intent it's not complete enough for me to vote on the motion in front of me >> to answer that i mean, i suppose i can say we'll insure that merger will be dealt with.

i do said your concern we'll add those to the motion >> what modifications will that unit have to undergo to get the merger have a full kitchen or other things that could apply there is a reserve possible. >> perhaps the architect can discuss the actual changes but in terms of how we ref review that and to prevent any future conversion for an illegal unit we have an assurance that there's an internal stair or no external access to the street. >> i appreciate your