i heard that would be part of the motion. vice president garcia: i appreciate that. president goh: before we call the roll, if you don't mind, i have a question for commissioner fung. i thought i heard you say you would overturn the department with regard to the rare setback but you supported the front said beck. did i miss here you? commissioner fung: may be i was unclear. i felt the front setback was sufficient to define the upper story a, having less impact on adjacent yards. president goh: you would not vote to overturn the department with regard to the front step back? >> if i may offer a

clarification, we suggest in the front setback proposed by the project sponsor is sufficient? commissioner fung: is sufficient. maybe i was not clear. president goh: i'm sorry. i understand. >> we can go ahead and call the roll. when you are ready. >> we have a motion from the vice president to grant this appeal, overruled the denial, issue this permit with this 5 foot 10 inch front set back, as proposed by the appellant, no rare setback, and with several findings that the 5 ft. 10 in front setback is consistent with the residential design

guidelines. what was the second point? >> the rare setback is not required, given the proposal does not encroach into the rear yard. it provides family friendly housing. >> on that motion to overrule an issue this permit with those conditions and findings -- president goh: before you call the roll, again -- vice- president garcia, it is your motion. are you wedded to those reasons, those findings? vice president garcia: what do you object to? president goh: the statement that the front setback is consistent with the rdg's. i guess i am looking at our counsel. vice president garcia: what if it were to be worded that it is adequate.

commissioner fung: we could state it is consistent with the can -- with the intent of the rdg. president goh: i would sign and if we use commissioner hwang's language that it is not inconsistent. >> that is fine. president goh: it is a friendly amendment. is that acceptable? vice president garcia: certainly to me. we are results oriented. president goh: i am concerned about precedent. >> again, on this motion from the vice president to overrule the denial and issue the permit with those conditions, and with that amended finding -- commissioner fung:aye. president goh: aye. commissioner peterson: aye.

commissioner hwang: aye. >> the boat is -- vote is 5-0. a permit shall issue with those conditions and findings. [applause] >> thank you. president goh: let's take a minute to clear the room. >> if you could please clear the room quickly and quietly, we would appreciate it. we have one more case to hear. >> will call item nine.

3030 noriega street is the property. we are protesting the issuance to abel huang -- mabel huang a permit to modify a building, including constructing a new deck. appreciate your patience waiting here this evening. we will start with the appellant. >> good evening, president and the commission. my name is kenneth leung. i lived in this property 20 years. recently, the owner next door,

the house -- the new owner is also chinese. we appreciate them. we just received a letter from the department on june 30 regarding the remodel of their house. mostly, we are concerned about adding a deck on the back of the house. in the whole block, nobody has a back in this neighborhood. because of the property, i am not sure -- i can assure you the picture. the deck at the back would be 7 feet by 19 feet. my bedroom is at the back of the

house. if they build that on the back, it is very close to our bedroom window. we are not comfortable with the privacy. also, because of the safety issue -- you can see the fence between our properties is only about 6 feet high. someone on the deck could easily jump across to our property. the shade is also a concern. the property on the deck is on the west side of the property. in general, the sun does not come out until the late afternoon. if it comes out like that, the

shade is against our backyard. the reason is one it purchased the property, on our east side is a church. it is already blocking our property. if someone is on the left side of the property building a deck, it would totally obstruct our backyard. we would be totally isolated in the shade. that is the reason. my wife had an extra comment. >> good evening. we have been living in this house for a long time. we enjoyed the quiet and peaceful. just one thing about our privacy.

it would be in our back room window. we can open the window and make noises to our window. i do not think anybody wants their bedroom looking by somebody else, look through your window. usually, we will open the ã9qj? arçj÷ and the shades so wn use the sunshine. i think it is with the good for the environment to save energy. if they built the addition in front of our window we would need to close the window all day so people cannot see from the deck. i really want you to protect our privacy. thank you.

>> thank you. we can hear from the permit holders now. >> my name is mabel huang. i am the new owner of 33 noriega street. i have my mother, mother-in-law, husband, and three children. it is our plan to live there for a long time. we would like to have a comfortable home to live in. my mother's legs are weak. she cannot go out anymore. she is only staying home. she would love to go out to get

fresh air and set up side. -- sit outside. >> my name is ken chung. i am her brother in law. i have several pictures. how does that work? this is a picture of 3030, and this is a picture of their house. notice there is about 2 feet different. here is another picture. where did it go?

here is another picture of the side of our house and their house. different times of the day. i took the picture at 9:00, this one, 12:00, 3:00, 6:00. the back of the house faces north. it never gets the sun hitting the house. i do not know if it is going to block their light, but that is the picture. here is another picture i took at 9:00, it 12:00, 3:00, and 6:00. all these times, the back of the houses get light.

mainly, that is it. commissioner fung: the you have a copy of the plan of your deck so we can see how it is situated in the rear yard, and how big it is? >> we did not bring any plans, but it is supposed to be 7 feet out. vice president garcia: it goes out 7? >> it goes out seven. it is a 25 foot lot. so it is set back. vice president garcia: is 3 feet in on the appellant side and goes up 7 feet? >> that is it. commissioner hwang: i have a question. have you had any conversations or attempted conversations with your neighbors? do you live in the same house? so miss hwang.

>> he is my brother-in-law. my husband talked to me -- talked to him. he said you had best not build a deck. my husband told him we would not bother him or take any privacy. commissioner hwang: the understand the concerns of your neighbors and do you have any thoughts about how to address them and all blacks -- at all?

>> the picture right here -- this is my house, and this is the neighbor's house. we are going to build that right here. from here to her window is about 6 feet. also, my house is lower than their house by 2 feet. if i stand on this line, my head is only up here. i cannot see from my window to their window.

up here, i cannot see anything through the window. commissioner hwang: but you will be able to see into their yard. you will from the deck be able to see into their yard, right? >> yes. commissioner hwang: when i asked if you had any conversations about privacy, light, or shadows, did you consider any way to address that, or did you just say it is not one to be a problem? >> i think we feel that a deck here -- we do not feel it affects the privacy or blocks this light. all of the back of the yards --

it faces the north. commissioner hwang: you do not think there is an issue? >> what happened was one day her husband talked to the neighbor and said i think if you have any concerns with the deck we could do a few things. one i remember he said was we could put a panel, either a lattice, and that would make it better. he said he would rather we not build any deck. we said what would happen if we put a translucent panels? we would not see each other, but we would still get the light. he said the same thing -- better we do not build a deck.

this deck is only 7 feet extending out, 3 feet cut off on each side. there is not much affect anyway. the square footage is what, seven times, what is left -- commissioner fung: 19. >> that is how big the square footage is. there is a church on the corner that is fully extended because it is commercial. i guess he asked them and said does that bother you, and he said it was there a long time ago. but we have a picture. this is the furthest part of the church, which is the furthest part of the back yard.

it has a stair and fully extended window. i do not think that bothered the neighbor. i do not think it would have any impact. the other guy, the church, is fully extended. their family is mainly family oriented. we're not going to have parties or anything like that. i do not know why we cannot build a little back. -- little dekc. >> -- little deck. >> mr. sider? >> this appeal concerns a permit

that was an over-the-counter approval by the planning department and the building department as well. it is not subject, a deck of this type, nor the interior improvements -- they are not subject to neighborhood notice. the view issues, property value concerns, and loss of privacy -- only the loss of privacy is contemplated by department policies, and then only in an adjunct capacity. the proposal is not extraordinary or unusual. the loss of privacy is something typical in a dense urban environment like san francisco. the discussions just now by the project sponsor with respect to privacy screens i think are intriguing. beyond that, i would reiterate there is nothing about this proposal that strikes us as

extraordinary or unusual. the permit is right. in absence of compromise by the parties involved in measures that could be taken for mutual benefit, such as a privacy screen, we would urge you to uphold the approval of this permit application. commissioner fung: have you seen the permit application? >> i do not have, and i do not believe the city staff has, a copy of the plan. commissioner fung: is there a stair from the deck down to the rear guard? is that in the permit application? >> i do not believe there is. let's take a look. the text on the permit application -- construct a new deck at rear of building.

the approval by our department indicates, as per application and plans, to construct from the ground floor, etc., and construct new deck at rear, maximum 10 feet above grade. no other work. that does imply to me there is no stare involved in the deck proposal. -- stair involved in the debt proposal. commissioner fung: there is no door being added to the wall to access the deck under this permit. >> i would anticipate the inclusion of a door would only be included on the plans. >> it is in the description. it is in the description. add one new bathroom, replace window with sliding door. commissioner fung: that is an over the counter? >> it is, both by planning and building.

president goh: why don't we have plans? it says per application and plans, but we don't have the plans. >> my understanding is one set remains with microfilm at ddi and the other remains with the applicant. they were not provided to us and not available to our staff. i asked miss huang about her brief. she said she was involved -- advised by her architect to show up. but it is the board's choice. if you think you need plans, you can continue. president goh: thank you. >> anything to add? >> tony greco, department of building inspection.

this was an over-the-counter review. it went through all the proper approvals. the valuation, etc. this was straightforward. we're trying to issue more permits over-the-counter. >> thank you. is there any public comment? seeing none, we will move into rebuttal. you have three minutes. >> first of all, i want to clarify the things that happened. the property was showed about early june. they sent us a letter about the permit, the building. they sent us the letter on the building from the department of the application. when we appealed it, her husband

said they came to us. they never came to us before they applied for the permit. when they come to approach us because they receive the letter that we were appealing on the permit. the second thing is that when we purchase the property we already knew that next door is the church. that is not an emergency exit from the second level on the property. also, the church has activity only on sunday, not every day, only sunday morning a few hours. they are not living there. there are no people there in daytime and nighttime. when the people next to us -- it is only a couple feet above from our window. also a 7 ft. extend outside. you can clearly see what happens in our bedroom.

>> amount to say something. two months ago, they made the decision to buy a house with a dick -- with a deck it was important to them. our financial step does today we cannot afford to buy another house. we cannot have another choice if they build that. commissioner fung: what happens if they built a privacy screen along that side of the deck, 6 feet high, so they cannot look back into your bedroom? >> our to house -- i do not think the distance. the distance, i think, is much closer than actually. commissioner fung: i can visualize it. i asked you whether that would help you with the privacy. >> i think the noise will go through from our bedroom. the noisy.

if they entertain people on the deck or have functions and so on. president goh: if this board were inclined to uphold the permit, the deck would be built, and there would be no privacy screen. would a privacy screen be helpful to you? >> i do not think so. president goh: ok. >> we have rebuttals from the permit holder. three minutes, if you have anything further to add. >> the privacy screen we will probably put up any way, because i think even if she does not want it it will probably, after

she sees it, she will feel more confident. but these are family people. they have three elderly, three young kids, to adults. they are not going to be looking at your neighbor's so much. they are busy going to work. the older people are too busy looking after their health. the kids are too busy doing their homework. we will be looking at this. commissioner hwang: i have a question -- commissioner fung: are you finished? commissioner hwang: finisher comments, sorry. >> i just want to -- we build the deck right here. from the window to her window is 6 feet.

i stand on the deck, the 6 ft., i think -- my head is here. i do not think i can see through the window of the bedroom. commissioner fung: i think you can. >> you think you can? i can? commissioner fung: you can't. yes -- you can. yes. commissioner hwang: you were doing multiple changes to your house in this remodel. is the deck going to come off the kitchen? is that the plan backs off the bedroom? >> it is coming off the master bedroom, the biggest bedroom. it is not for parties or meetings. it is just for her mother in law to go out and get fresh air.