had obviously strenuously objected to having the windows sealed up, and, frankly, i understand why. it has been mrs. gould's intention all of this time to maintain a window in this space, so with all due respect, at some point, he might have understood that mrs. gould had attempted or contemplated ceiling that space up, -- sealing that space up, but she has always wanted to maintain a window in that room for obvious reasons. the property value will be affected if that window is sealed up. there was another consideration. mr. hasson is a tenant of hers. he has a right, whether it is

mandated or not, to be able to have a place that at least has some light in his room. there is no necessary law, but i would say that mrs. gould, if that will go issealed -- is sealed up that mr. hasson brings this up at the rent board about it being sealed up. when i spoke with tony at dbi, the discussion about fire always contemplated some sort of window which would allow her to abate the nov, so when mr. garcia brought up this issue of a fire -- window, if you will, that was a part of that discussion -- brought up this issue of a fire-

rated window. the discussion was the same. it was always discussed in the context of leading a window there. it was not to seal the window up. so i take exception to that particular comment, and that is her intent. and basically solve all problems. it abates the nov, and it is not the cheapest way to abate the nov. the cheapest way for her to abate the nov is to seal it up, so we want to be able to keep a window there and satisfy mr. hasson and set asidet -- and satisfied -- satisfy the nov.

president peterson: thank you. any further comment? seeing none, the matter is submitted. commissioner fung: i have a question. the window there is fairly small. a habitable room requires a certain percentage of the curtainwall have a window. it also requires a certain opera ability -- operability for it. as we mentioned, it is

relatively small. a fixed window here, whether it is one-hour waiting or not, it does not satisfy the have the ability -- ability to have to take it. >> you cannot exit from the bedroom across the property line. the jason neighbor can build a building on the property line, and the code does not allow for the exits. commissioner garcia -- the

adjacent neighbor. commissioner garcia: not habitable for code. >> it allows for artificial light. commissioner garcia -- commissioner fung: and the exit? >> there were lesser regulations on the windows. i am not sure when that building was actually constructed. commissioner fung: with this building and not be grandfathered prove

commissioner -- and not be grandfathered. commissioner hwang: something you said struck me. if the code is not enforced retroactively, why is the goul d's property affected? >> any legal window. it was not installed with a permit. and the widow seems to be an aluminum window. those windows where probably available in the 1960's or sometime about then, so i do not

know if that window was ever -- on the property line, especially because it opens. and, furthermore, the permit was filed with the notice of violation. commissioner hwang: i understand about that, but i am just wondering about the grandfathering. >> i do not know how grandfathering would apply. commissioner hwang: i think you just said that it was legal.

>> is that the same? that is much better. >> [inaudible] course of rather have that than a blank wall. >> did you have a motion?

>> yes, i'm trying to figure out what i was speaking. as i read this applications, it indicates that the windows being removed and the walls filled thandinin, the only way to be ss the option. this is either the option for me or a window assembly with opaque glass.

>> i cannot understand why we don't leave this as it is. >> this can be appealed. >> this will be dragged to a director's meeting. >> the permit holder could

actually withdraw this. it sounds to meet that the permit holder doesn't even like the permit. >> we can understand the scope of this permit. >> the permit holder could withdraw the permit and pull a different one. >> this has to do with the framing over the property? >> i think that this has to do with the fact that to the window is there.

this is the only window that is different from anything else we can see in the pictures. the trim looks like it is rotten. this extends over the property line. >> any kind of fixed window that could not be opened and we have the encroachment on the property line, would that be satisfactory? >> yes. this says to legalize the windows.

>> any content that you plan on it -- tint that you put on it is to prevent people from looking in. >> this has to be fixed. this is too complicated to make it comparable. i will make a motion and to a

certain degree i would rely upon what was stated by the council. i move that the appeal be denied. i have to except the appeal and modified on the condition that the permit is modified and a one hour fix window assembly was opaque and this was the class that would be installed. >> the assembly was translucent.

>> or opaque glass. >> i think if we add some language to comply with this, that what kind of wrapped everything up. >> this would have to be to protect their future rights. you can add the language for it to be opaque or gas. >> are you ready to call the role?

>> to restate the motion to grant the appeal but the permit is upheld, the scope is modified to include a one hour not operable with the with translucent or opaque glass. >> we are setting their appeal that the permit be revised and that the new assembling conforms to the administrative bulletin with a translucent or

opaque fire-rated class. >> isn't this transparent? >> with glass that you cannot see through. >> that is pretty scientific. >> do you want to respond to my motion? >> i'm wondering why a -- is consulted on the motion when he is representing. >> they are existing

translucent and based on his knees for his client. >> as many people have indicated, we are not perfect. >> need your mind. i find this somewhat inappropriate. >> we're back to the old. >> we're back to class you

cannot see through. >> the motion, before it gets voted on, we have to hear from -- >> i am being in tune to. >> we are only expecting comments on the motion, nothing having to do with the merits of this case any longer. thank you. >> the motion is for granting the appeal and the permit is being upheld with a new when dell assembly and with fire- rated class the cannot see through. on the motion -- the

>> to clarify, granting the of feel modifying and this requires four votes. >> correct. >> on that motion -- >> aye. >> aye. >> no. sfgov.org aye. >> aye. >> i am unhappy with the issue. given that things have to be

worked with, this is something that i would support but nonetheless, i think that the complaint and the source of liro -- why we are talking about this, this is what it appears to be. that is san francisco. >> if we did not have to do something about the window, i would agree with this.

>> aye. >> the permit is upheld with the modified scope. >> shall we take a short break? >> we will take our last item, item number 11. >> calling on a love and -- calling item number 11, jasonb ley verses the zoning and

administrator. this is processing a request of release of suspension addressed to the department of building inspection director which requests that suspension be released because of the property is now compliance and analysis special restrictions. >> i have a suspicion that we might end up hearing a lot of issues and they want to stay focused on the fact that the question is whether or not this is a good project. whether this is a good or bad project, it can be determined if

and when the developer or property owner decides to apply for a new conditional use program. >> i agree with the appellant, this is about the merits -- not about the merits. the appellant has talking -- is talking about a conditional use. this is the release of a suspension request.