ms. maurer, mr. linn, please step forward. commissioner fung: this is not provided to us. we do not have the same set that they have. >> neither do we. commissioner hwang: and i believe the reason this was continued because -- it was because you had requested to see the plans. commissioner fung: -- >> president peterson, the last meeting, they did not have their opportunity. they had not received the plans. with your consent,

them the full time. president peterson: >eyou have seven minutes for the appellant and then a total of three minutes for rare >> my name is -- with the st. francis homeowners association. we did receive drawings -- president peterson: you're speaking on behalf of yourself? ok, thank you. >> we did receive drawings, and we responded, the homeowners' association responded, with a letter dated july 14 to the board. i am not sure all of you received this. the drawings were dropped off to theñkiñ-ñ

approved by the association, and then later, i reviewed with the planning department and signed off on the same drawings. and i pointed out the four major differences in the project as the new drawings chauffeur's acela the original drawings. -- versuszb the original drawin. essentially, the plan looks like a new set of drawings, and something could be dug out, so there will be a full story on the ground floor, which is very different from what we approved. st. francis requires that the natural grade remains the way that it is. you do not dig out to property lines to make a flat lot. there were some other minor issues pointed out in the

letter, but after the submission of drawings, that i responded to, that we responded to in the letter, the neighbors brought another set of drawings that were completely different, and then there was a third set of drawings that were yet again different, so the only thing i suspected about the letters that i responded to, the drawings that we responded to is that they did not have any stamps from the building department or the planning department on them, but they definitely were the home that st. francis approved with the alterations that later happened on that same set of drawings, so there are multiple drawings floating around of the same house or different houses on the same lot. one set of drawings we wholeheartedly agree with because it is exactly what st. francis would, and there are two

others. that is where we are. we just want to make sure it is truly what the planning department has, and i can review that again, which is the same set. we are ok with the project. what has gone on for the last few years is that the project sponsor may ultimately build the house the way they see fit versus the way the planning and building department approved it, most importantly making it a three-story house as opposed to two, and then there are the setbacks and the elevation issues in turns of switching the garage doors from 12 feet them 18 feet. they hear.

i have brought along three sets a different project plans. -- of different project plans. president peterson: thank you. anything else? >> my name is trudy maurer, and a new home will be directly behind where i live and where the linns live, and it was the two of us to ask for the appeal. i want to reiterate that the neighbors accepted the same permit, the same original plan we have said to go ahead with. we are very concerned every time we appear before the group we were given to understand that everything was going to be as the original plans. that was submitted and the

permit was authorized. now, one week ago, i received again a new set6z;rj what i just said, i wanted to proceduretb with the original permit with the original play and that we approved on, and the response to our brief was totally other things, nothing to do with what our goal is, so i am asking the board if the9bda is to make sure that the plan the korea of approved, that the st. francis association has approved, actually gets built -- that the plan that we have approved. president peterson: thank you. >> good evening,

commissionaires. my name is -- i am the one high your by the owner of the agent of record. -- i am the one high your by the owner, the aged of record. -- i am the one hired by the owner, the agent of record. ok? now, if you want, i could show you some of the things we submitted to the city. a two-story car garage. president peterson: mr. linn, why do you not put that on the projector so everyone else can see it? mr. pacheco will help you.

>> these plans, now, as i say, that we will comply with but never the city requires. we do not understand what they want. they should tell us what they want, and we will comply. commissioners, this building permit has been there for four years. i have been a construction engineer for 40 years. and i know what the requirement is. thank you. we will comply with whatever the homeowners want. commissioner fung: oh, sir? sir?

president peterson: victor -- >> i will give you my card. thank you very much, commissioners. commissioner fung: i have a question. >> ok. commissioner fung: do you have this set of drawings that you submitted to the planning commission? >> i have in here. commissioner fung: ok. president peterson: why do you not come up to the microphone? >> this was approved. president peterson: --

commissioner fung: when did you give it to her? >> i hand delivered it. commissioner fung: is there a date? >> on march 29. commissioner fung: of what year? >> 2010. commissioner fung: 2010. ok. could you give that to the department to check against their records? >> now. commissioner fung: yes, and we will ask the departmental staff whether in their records.

the permits? commissioner fung: i understand. >> commissioners, i would -- commissioner fung: rebuttal, sir. >> we will comply with what they want. commissioner fung: ok, go ahead. >> the original document. " he said, yes, they have the same copies. commissioner fung: you love a

on this section of the drawings right here, this is a three- story building. president peterson: ok, vivendi you have the application for a building permit before you? -- do you have the application? >> the initial next to it, also. yes, i am seeing where it says

"number of stories," and it says "3," and this may indicate that it was changed on the application when the folks recognized it was not a three- story building with regard to the code section i was referring to and what were shown in the drawings. president peterson: is it possible that one of these stories is intended to be a basement? >> i would interpret it to be three stories based on the plans i am looking at right now and what the code says a first story is. commissioner garcia: that height is achieved without excavation, on that application? >> it is really a matter of determining what the great plan is. the grade plan is the average

level of the soil -- determining what the grade plan is. the first floor above the average is the first floor of the building. commissioner garcia: it seems that the homeowners' association was nervous about that. is there anything in the permit that allows this to excavate? >> i do not see that in the documents right now. commissioner garcia: thank you. president peterson: ok, can we hear from the permit holder? you have three minutes for a bubble. -- rebuttal. >> commissioners, as i showed it to you here, caught this is

exactly the same as the one next door. -- as i showed you here, this is exactly the same. actually, the garage is above. i have been in construction for 40 years. with the planning commission and the building department about the total height. if we go over that 50 feet, they should complain. >> i think i would like to

clarify the two-story and the three-story building. when we first submitted it, it was a two-story. . well, i am not an architect or an engineer. once you go 6 feet, that is considered a first floor. a two-car floor. so we followed the building code, saying, ok, it is going to be a three-story then,wr6] becae later on, you cannot add up above these two stories. they are exactly the same, but the three stories means you can no longer build above.

i think that is the reason they did not want to make it a two- story. the homeowner associations approval. ++11 so it bec- story building. commissioner fung: unfortunately, at the last meeting, i indicated to you what

i wanted to see. let me finish. none of those documents were provided to me. i cannot check that. >> i did. commissioner fung: you did not provide copies. well -- ñkñiñrñr>> it is exactly the sa. commissioner fung: i would ask for your response. i cannot tell. there is no way i can check that based on what you are saying. what you're saying related to whether there was a cut or not a cut, at this point, i do have some further questions for staff. commissioner hwang: before we move to the staff, i have some questions. we heard about some versions, in

possession of the planning staff, and they received one as recently as last week. why are you providing different versions of this house? >> i think there is a misunderstanding between 2006, which was our first submittal. the first resubmitted, -- we submitted. because the home association stopped it, we had to comply. pdç77çñi the one that is, you know, legal. we cannot go away from that.

yes, we have the same approved plan. zyvsrñiçóof those te plans that you handed to the appellants last week -- are those the plans? ño% hky0lñr>> . which we did only after we got -- after we received a permit in ó no, wt to have a two-car garage. no, wt whenever the neighbors have, that should be what we have. -- whatever the neighbors of -- have. that is what i gave to the

neighbor. plan that added space to the garage. but that is not what was approved, right? >> to get approval from another department. from the building department. there is another department where you give addendums, changes in your approved plans. commissioner hwang: that might have been for a curb cut. commissioner fung: a curb cut. if you want to