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 speak, speak at the microphone. >> this is very clear. commissioner fung: it is not

clear. your documentation is not clear. your paperwork is not clear. thank you very much. i understand what you're trying to say. what is elsewhere is not equivalent to what your paperwork shows. >> you can ask the building department. commissioner fung: we will. we will ask them. thank you. >> that is not right. president peterson: we will hear from the department if there is a rebuttal >> thank you, scott sanchez, planning department. the two-story versus three-

story, what they had is they initially had?4 the stories, and the congressional review was withdrawn. two stories over a garage. when the building department reviewed it, there was a determination madend, about the three stories, but from what i can tell, there was no change from when it left the planning department other than the billing department had reviewed it. under the building code, a three-story building. that is the most likely scenario. the permit holder's submittal was in 2010, and they do show s.

that is not the project. that is a much, much wider driveway with two garage door entrances,6lf!v77óçi where we h. they have a 20-foot curb cut, so that is not the project. i do not know if that is version two or three. commissioner fung: it does not matter. there are two questions. ûñthe volumetric -- was equivalt to what was provided to the homeowners? >> yes. commissioner fung: is the floor plan the same? >> yes. ñiçy/ fung:and the

space? >> yes. commissioner garcia: is the first floor have a boat -- have a boat --d] is the first floor habitable? >> the building department can discuss that because that is a technical issue about when you determine a story. 18 or 12? -- are we add 18 or 12? -- at 18 or 12? excavation? >> no, it is my understanding could submit an excavation permit. i would defer to the building

department. addendum or not, appealable to the board of appeals. ]tçcommissioner fung: :jqe[tódoe sed elevations for the different floors? >> what was included in my pack it does not show -- included in my pocket -- packet. i do not see it in the paper work. regarding the possible excavation, juin one of

these pages that was associated with the package, i am seeing iand i emcea point, which was no. 1 in the package, and it shows a site plan. the front right corner of the curb, and that is 00, so everything is related to it 00 -- to 00 elevations. this would be about 19 or 20 inches above the reference point curb,e2mñ and thero references for the rear yard. it seems to be an up sloping lot. the only thing i can