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tv   [untitled]    September 2, 2010 4:00am-4:30am PST

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this window was installed about 50 years ago. my client has flown to this property for about 20 years, so this window predates my client for about 30 years -- my client has own this property for about 20 years. there have been no issues of privacy about this window. now, all of a sudden, it is the result of a dispute between mr. hasson and others. it has never been an issue before. also, there is a notice of violation that has been issued. a notice of violation has been done twice, and i spoke with somebody and ddi, and they said they would be working on that case if this violation is not
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abated -- i spoke with somebody at v.b.i. -- dbi. the permit is very clear. we'll try to comply with the nov -- we are trying to. that is it. it is not about a dungeon. we wrote try to comply with the -- we were trying to comply with vdthe nov. he told me it was his understanding it would comply. i have another conversation with mr. corn fell -- kornfield.
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it was my understanding that this work would be for the nov, so we do not have the issue the and mr.hasson has by virtue of the appeal. what we have is a property owner who is trying to deal with nov. it is a pretty straightforward issue. now, this other issue about the adjacent property owners and the privacy issue, this has been brought into the mix. as you can see, this window is 5 feet 9 inches off of the ground. it looks out into the backyard. their property is visible from that window, but it will take a lot of work on somebody's part in order to be.
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into their property from this particular window. to answer your question, commissioner fung, i did reach out to mr. hasson, and i thought if we just discussed it, he would understand what we wanted to do. h mr.asso -- mr. hasson refused to talk to me on the telephone and only by email, and i do not think that is my preferred method of communication. the telephone hubs to conveyed the sentiment much better than doing something in the email -- the telephone helps. i am not certain he would believe what we are saying. having said that, issue is that we want to comply with the
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nov > -- nov. we have a tenant. we have something that's as this needs to be abated. -- that says this needs to be abated. mrs. giannini has brought in another issue, which is the issue of privacy. let me show you a picture about what -- if you can see this. this is your property. we have got a window on the
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property line, and maybe you can look in your property. i do not think that means a boarding up his window. this would make it a very dark not very pleasant place to live. frankly, we do not find this to be a viable issue of boarding up a window, the nov being updated by just installing this fire assembly. commissioner garcia: do you of a copy? >> yes, i do. commissioner garcia: you are
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portraying him as someone who does not know what is going on. but online 22, the paragraph labeled d says there is no requirement " to provide light. >> i am not referring to mrs. giannini. commissioner garcia: let me finish, and this goes on the talks about her having a permit to do so. remove the window. >> i do not know where that has come from. commissioner garcia: have you read the briefs? >> the permit says it is to frame the window with a one-hour assembly. commissioner garcia: i
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understand that. you may be partially misled -- may be partially -- maybe partially misled mr. hasson. >> it does not require removing the window. commissioner garcia: this seems pretty clear that the window is going to be taken out. >> yes, but that is mr. williams' brief. commissioner garcia: let me make this 0.1 more time. misleading information.
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>> his brief seems to be misleading, correct. >> -- commissioner garcia: i would have appreciated that. >> it seems very misleading. commissioner fung: there were some questions raised. you have to put in a new one- hour window assembly, it is there another location that is not on the property line? i thought that was brought up in our discussion on jurisdiction, and we went beyond that. >> well, i was not present. i was not retained by the permit holder during that, so i apologize. i do not know what occurred
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during the jurisdiction. what i can say is that we're trying to essentially abate the nov in the simplest, easy way in order to appease dbi and mr. ha sson. commissioner fung: with drama? >> i do not believe so. commissioner garcia -- with trim? >> i do not believe so. do you have a copy of the permit? commissioner garcia: made the the sizes on there, but i do not see it.
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>> all i see is that it is a one-hour assembly. my understanding is that it is going to be essentially taking the existing window and framing it in with a one-hour assembly. yes. as i stated to commissioner fung, we try to take the simplest, most expeditious way to a pc -- to appease the nov. president peterson: do you have any comments on this, mr. o'r iordon?
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>> a notice of violation was issued. commissioner garcia: would be about the same size? approximately? >> koran in a window, there is no more window. -- framing a window. there will be no more window. one hour assembly is generally understood. commissioner garcia: i guess the
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confusion is that mr. kornfeld suggest a solution to this problem. something that is rated at one hour can be put in their in terms of light and those issues. there would still be a window there. maybe i misunderstood. >> i like the solution, but that is not what i am seeing documented here. commissioner fung: framed in, it did not say a one-hour window assembly. that is what i read intimate
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commissioner -- that is what i read. commissioner garcia: is that legal for him not to have any light? >> that is not something that would be required. this'll be to provide light. if they were to provide light where the building is, they would not have any light. commissioner garcia: but would that room remain legal the for
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the purposes of a bedroom? there would be another building built there? or no window at all? >> in my package, i am seeing that there is a light well, which seems to be an exterior wall. what you see in the second picture, the exhibit b, has an exterior wall. commissioner fung: we asked for that information. >> it seems to be a budding that room there from what i see in that picture. commissioner garcia -- it seems
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to be a budding -- about -- abutting the room. commissioner garcia: putting a window in that spot? >> it would require another permit. commissioner garcia: that would be a possibility? thank you, sir. president peterson: we will go to public comment and then. three minutes. >> can i have my full three minutes? i got involved after the notice was filed by the neighbor.
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m=9iñ 3 minutes. >> the complete language was not very clear. so i filed a board of appeals permitted to get clarity. there was the owner of the building and the senior inspector, joe duffy,. what they filed for was to seal it up.
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this window is a new edition. it is illegal. it is an aluminum frame. this was an opaque film. the project sponsor, not us, elected to remove its. there is another option. another option -- this is why i brought it. we just ask that you make it ok. the current permit is to remove it. if you go for the property window -- property line window, it cannot be operable. it has to have fixed glass. to be honest, in current code,
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there are no requirements for light and ventilation in the bedroom. by seeing this up and putting in the glass, it will not change the occupancy of that bedroom. the code does not require it. but if the board chooses to take that and seal it up and put in the glass, we ask that they complied -- comply with the property code, which is that if my client goes to built and removes the window, a pretty straightforward -- we also asked that if there is tension between the property owners, but we just ask. there is no reason for people to look at each other. this is my clients bedroom. i have been in both rooms.
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the current permit is to seal the window up, and you provide some of pecos, which provides privacy. -- some opaqueness. commissioner garcia: what would it cost? >> this is probably a $5,000 project. and it probably has to be insulated, wired glass korea probably about a $5,000 project. -- why your glass. probably about a $5,000 project. -- why your glassw -- irewired glass. commissioner fung: there is a --
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one-hourglass that does not have -- there is a rated on-hour glass that is more sense of that does not have wire. >> yes, that is about $10,000. commissioner hwang: whether it is possible or not, is it possible to use the kind of glass in a window that is vintage? >> you can vented through the light well. to keep something there, to have something to opaque to let light through, it has to be sealed and not operable, and the ventilation cannot be on the property line. >> to have the opaqueness --
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commissioner hwang: to have the opaqueness -- >> it cannot be honorable of all, whether you put in this kind of glass or some other -- it cannot be operable. it commissioner -- commissioner fung: you say you have been in rooms on both sides? >> yes. you can take of this aluminum -- you are not going to get much improvement by enlarging the window in the light well. commissioner fung: this and then
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leads to the backyard? >> there is an upper floor, which is the of the window that got resolved. there is not another room with a window where you can get bly. -- can get light. commissioner fung: is there another window adjacent to the tenant over here? >> no. commissioner fung: so the only option that is a property line window or -- the light well extends down to grade. >> the first floor is garage. thank you. president peterson: thank you.
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are there any more public comments? >> thank you. my name is victoria giannini, and i have lived there since my parents were there. i am a retired school teacher for the san francisco unified school teacher and currently employed with them. my husband has been a small- business owner for automotive repair for many years. we are hard working people. the photograph that you saw of the window, it encroaches on my property. the window is located less than 3 feet from my personal and private bedroom. someone in the tent -- attendanttem -- tenant's room
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can look in. any clear window would not cure this problem. future construction on this property could cause some to protest. i should not be restricted in the use of my own property. the window cannot be used except as an emergency escape route, even though he has mentioned he is concerned about an earthquake, how he would get out. that is not my problem. the problem needs to be resolved in his own unit. there is no legal requirement to provide light and window. there is no authority about the
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contemplated work. this obtains a proper permit, and we came to an agreement. i even agree at that time that i would pay for half of the removal of the window as a good neighbor. the window above we stopped complaining about because it was much further above and not right into my bedroom. i do not think i am being unreasonable. i have a small house, much smaller than hers. my backyard is about three or four times the size of my house and slopes upward, and i walked out, and this is what i see, this window. it is an ugly thing to see. that is all i have to say, in a really appreciate your listening
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to me, -- and i really appreciate your listening to me, and i do not think any the derogatory comments should affect your decision, because they are simply not true. thank you. commissioner garcia: he is representing you? and you would not be opposed to what he is suggesting? >> i would like to not have a window there, not so close to my bedroom into my backyard door. commissioner garcia: but if it were opaque, would you still be opposed to it could >> yes, i think i am still opposed to it -- would you still be opposed to it? >> yes, i think i am still opposed to it. president peterson: is there any other further comment? if you want to speak, please
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step forward. go ahead. >> i was born in yugoslavia, montenegro. the french army. italy. 1960. 1966. u.s. army 1967. i pay taxes. i have never been in jail in my life. they know who i am.
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i move from yugoslavia in 1969. i served in the army as a sergeant. -- i moved from yugoslavia. i have never read a book or seen a movie like this. [in distinguishable -- unintelligible] ok? president peterson: thank you. is there any other comment? seeing none, we will move into
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the were bottle. mr. hasson, you have three minutes of rebuttal if you want to use it. >> we would like to have a window in our bedroom like everybody else on the planet. >> i want to let you know that i agree with some of what that person is saying. ms. gould had explored various options it, and one of those options was two definitely sealed up a window and create another window in another part of that room in that area. mr. hasson