additional 50 square feet. 25 feet on each level. what we're talking about here is 350 feet of space that is open. it is open space. the commission asked again for a 15-foot setback at the front. and four-foot setback at the rear. there is already a 5 not 10 -- 5'10" setback at the front and a four-foot setback at the rear. that difference come price 330 square feet. so we're pretty much at a wash in terms of the square footage. with this in mind, it is our feeling that the top level really could be reconfigured, to

accommodate the commission's decision. it could be reconfigured to take these inward facing open spaces and make them outward facing and in doing so, it meets both the commission's goals, the residential design guidelines, satisfies them and satisfies the appellant's goals. now in fairness, commissioners, the house won't have quite the same generous degree of spaciousness, roominess, but the appellant will still have a 3300 square foot house that meets all of their stated goals. so with that, commissioners, i thank you for your time. i would urge you to uphold the rest dent rble design guidelines. >> i agree with you, you know, more than just recommendations.

but you state that a 15-foot setback is standard. are there any exceptions to that? >> the residential design guidelines, by definition are guidelines. whenever there is an exposed upper story, the setback is 15 feet. that's the policy. when they review cases, there are cases when they feel extenuating circumstances are present and they have been known to increase or decrease that number. the guidelines are clear clear. >> the scenes yes, there are exceptions. >> -- answer is yes, there are exceptions. >> there have been, yes. >> the fact that there are 12 other residents on that block that have three storys with no setback, what effect does that have?

>> the immediate context of this house is that it is the center house in a row of five that are all two stories but step down a block. there are houses that are higher up the block. they have their own character and that defines that part of the block. one thing that mr. gladstone mentioned is that neighbors are looking to this house as a modeling indicator as to how they might feel about it. we certainly welcome it. we expect them to adhere to the guidelines and the code and so forth but if they are looking to a model, i think it is important that the model is found and the residential design guidelines and the planning code. >> thank you. >> could we see that drawing? could we see that drawing again? where -- there it is. the front, it appears that there is a smallish deck and then your idea is to set it back an

additional what, 11 feet? and then so that the total setback is 15 feet. is that right? >> it is about a nine-foot delta. >> ok. nine feet then. that would be a preference of square feet that are in the -- what was your language? the open space inside? >> the rough numbers are the combined open area. about 300 square feet and this area here on both the top level and second level is about 25 square feet per level. combined it is 350 square feet. >> is there anything prohibiting the deck of that size on the top of that second floor? >> certainly not in the planning code. >> that five by five doughnut hole between the -- in the staircase, is that big enough for an elevator? >> that is an excellent question. i would have to refer to my

colleagues at d.b.i. >> ok. we can ask d.b.i. later. thank you. president goh, do you want me to come up now and answer your question? are they due to come up now? president goh:if you have a question for them, you can call them up. >> please. >> good evening, commissioners. tony greko, d.b.i. it could be accommodated at a later time. >> ok. thank you. >> we're ready to move into public comments. can i see a show of hands, please, for those people who are interested in speaking. >> thank you. do i get a rebuttal after? >> after the public comments. >> this isn't your first time here, is it? >> ok. i would ask that anyone interested in speaking to please line up on the walton far side

of the room. president goh will need to hear from you to know how many minutes to give to each speaker. president goh: two minutes. >> i would ask that you fill out a speaker card either before and after you speak. >> not to embarrass the son and daughter, i don't believe they will be able to speak. >> no, any family member cannot speak under public comments. >> they are not speaking. some neighbor couldn't be here at the last minute and asked them to read something. >> no, it is the time -- they cannot participate in public comments. >> ok. someone else will read. >> please step forward, first speaker. please step forward.

>> i'm the neighbor that lives next door to jean and john. i understand that the city believes my house is the most affected by their changes. shadow or affect my privacy. i appreciate that the planning department has rules and regulations made to protect individuals and that they want to protect me and my property, but i haven't actually asked for that protection. jean and john have involved me in the planning from the beginning and there is nothing about their plans they feel affect my house or causes me any issues. i've never spoken to anyone in the planning department so it is unclear to me how they might feel that i have some issues when, in fact, i'm really quite supportive of my neighbor's plans. i don't believe that the changes being proposed improve upon the quality of my life in my house but i do believe that the quality of our neighborhood would be negatively affected if we lose jean and john and their

family as neighbors. they have been really great neighbors and have been a positive force in our neighborhood and if they had to move because of the changes they need to make to accommodate their family couldn't be made, that would be a great loss for all of us. thank you. >> thank you. next speaker, please. >> good evening. my name is joe. >> please staund straight. >> they could not be here because they are dropping off their son in college. i live immediately next door to jean and john. we completely support the design originally proposed by them. turned planning code they could have built 2521 feet into the rear -- 21 feet into the rear

yard. now it seems they are being penalized. we understand the planning department said it would have approved additional building in the rear yard. we also understand while the planning department believes the size of the floor does not bother current adjacent neighbors, it could bother future occupants of the homes. we think this speculation is unfair to jean and john. the message they seem to be saying is it is very important to accommodate families' needs in this city. this is the kind of attitude that contributes to the city's reputation of making it hard for families in the city. please approve the plans. >> thank you. next speaker, please. >> good evening. i'm going to go ahead and read this. i live at 458 day street. i was raised in san francisco. i work for the san francisco

fire department. i have experienced many families and friend who is have moved out of the city. i truly believe that we need to encourage families to stay in san francisco. the children are our future in so many ways. san francisco, the children growing up will develop a sense of pride and civic duty for our city. jean and john's proposed di sign respectant to the block and the homes that surround them. our street is very wide and their ore model fits proportionately to the homes around them. i support the remodel 100%. most of the times you hear neighbors saying the project will be a bad precedent for the neighborhood. i'm here to say that not approving this project will will be a bad precedent for the neighborhood. keep in mind that so many of the homes on our block are ones living above a floor or garage and storage.

we understand the planning staff tells owners that it is good public policy for planning to judge any new story one adds based on what weather he thinks it is reasonable for a -- whether he thinks it is reasonable for a family to live in. this sends a message to our whole block. one plan of a new third story, think small. well, thinking small and thinking of how to add space for children and parents sometimes conflicts. and the message is that where there is conflict, smallness trumps. that's unfair. neighborhoods should have a little self-determination where a decision by the city is not legally required but rather a guideline. thank you very much. >> thank you. next speaker, please. >> my name is kevin wallace. i live at 400 day.

i was on my third floor just an hour ago. i was surprised when i went to the other hearing that there was a neighborhood block pattern they referred to these five houses. i believe our block pattern is up and i think it is 12 or 17 additions. i don't have a setback. most of the other ones don't. i am also the neighbor that requested the roof stair tower come off and i didn't really want to ask for it but they have reduced that so these are people that are happy to work with the neighbors. i think the 15-foot setback should be accepted because of the whole block pattern and i'm also a contractor. when i hear the word guideline, i don't hear code. it is not 15 feet. it is a guideline. i think the way they set it back and improve the fronts of the building will be an improvement. they need the room and the extra

space upstairs for a nice living quarters and i would like for you to approve the project as designed. thank you. >> thank you. next speaker, please. >> good evening. i am going to -- mary beth wallace. i'm going to read a statement on -- by ruth and stuart craig. dear board of appeals. we currently live in the upper peninsula of michigan. >> i'm sorry to interrupt you. i don't think we should be receiving testimony from family members. >> i've read this letter. it is a letter in the packet. i believe that letter is in the packet. it is also not necessary. if it is in the packet and i have read it. i suspect the commissioners have

read it. if you would like toest isify as yourself. -- to testify as yourself, that is of course an option. >> well, i would. i would like to say that i really hope that this can -- that their project can go through as planned. we have a very close neighborhood. we -- its -- i think that the plans look like they would fit right in with what has been done. we did this in our -- at our house several years ago and it is a great way to keep families together and i hope that it can go through. thank you. >> i have a question. where is your house? >> we're 400 day street on the corner. >> and you added a floor? >> yes. >> and did you a setback? >> it really -- the -- the

footprint of the house didn't really change any. >> when you added the top floor. >> we added the top. it didn't go out. >> when you added the top floor was it street side of set back some? >> it is set back some. >> do you know how many feet? that's ok. >> 14 inches. >> ok. thank you. >> next speaker, please. >> hi. my name is mary ellen o'connor. my parents purchased the house at 430 day street, two doors up. it is next to the house where the statement was read two minutes ago. many have mentioned many of the houses on the block have a garage level and two floors

above it with no setback. this is a nice family. i would like you to let them do what they want so that they can have their home office and their children in separate rooms and their parents come live with them if that is what they so desire to do. i also do not -- i lived in the house as an adult in the 1990's because my parents have a little apartment downstairs and i do not agree that they should be required to build out into the backyard because i love standing in the backyard of my parents' house and looking at all the foliagened whatnot in everybody's yard and i think having a floor built out into their backyard would really, really ruin the esthetics of being in a backyard and viewing. we have no desire at this time to add on to our house.

i would like you to let them do what they want to do with their house. because it is consistent with what has gone on in the block. i don't have an objection. it is not going to ruin anything about our residence and i agree with what mike and connie sheets said who are next door to me. so i would ask that you let them do what they want. thank you. >> thank you. next speaker, please. >> good evening. good evening, commissioners. my name is dominic. live at 433 day street. i have three stories myself. i feel that they have con formed, me and my family, through all the stages of the process, i think that is in design in fitting.

this is the outside look and feel and not with the interior. this is not what they need. thank you for hearing this. i happily request that you give them the design as they put forward. >> i teach philosophy of stanford at hollow out of. which is six houses up the block.

there are many kids in a neighborhood and we have an active neighborhood. we had a lot of participation and we did not have them by accident. there are families that have been there and are part of the neighborhood. i would ask that we make it possible for them to have their plan approved so that they can stay in the city and i think perhaps we can create a bit of an atmosphere that the city of san francisco is not hostile to families who want to expand houses for growing teenagers so

that they each can have living space. thank you. >> thank you, next speaker. >> below, i live at -- this goes on the back of the property. i would like to start by reading a letter from one of the neighbors who was not able to make it. we want to express our support for their model. the project would be a bad precedent for the neighborhood. this is not the case. many of the homes are those above the floor and storage and they did not accommodate the modern family. we need to keep the families in the city. we understand that the planning staff tells owners it is good

public policy for them to judge any new addition. this sends a message to the whole neighborhood. i would like to transition from the letters and this covers what had to say. i was fortunate when i moved. ivory model that property from two flats to a single-family dwelling. fortunately, i did not change the footprint. it stayed the same. i have two children, our respective teenage sons have played together on soccer teams. it would not be possible for us to be in that house without the additional rooms and we certainly support this family doing the same with their property. we really appreciate the extra space. we don't believe that the extension here in any way

impacts the neighborhood. >> thank you. next speaker. >> my wife and i live across the street and a little bit up the hill so we can see down into the house and one would imagine which we have a line of sight which is the third floor and we have no concerns at all. we can see right through. this is redundant but obviously we support the project. gene and john have been amazing neighbors. we have been there for six years. not only do they organize this in terms of the activities in the neighborhood but also keeping the security watch and the security lists and the kind of safety issues that one always watches for.

this is for their family and the rest of the neighborhood. we were both present the planning commission hearing and the outcome was very very close and we were actually quite surprised and we felt a little bit of such activity. we felt it was close. we feel like honest mistakes can happen and probably we feel that a mistake was made and the project is not seem to us a egregious in any way. i think the intention of the families are great, the look and feel makes a lot of sense and we have no objection. >> thank you. next speaker, please. >> i will read a letter on behalf of the neighborhood could

not come and i will speak briefly for myself. this is the letter from mr. richard greenberg. "my husband and i live on day street. we would be at this hearing to support our neighbors but due to the health issues, we were unable to attend. we don't understand why these plants have been approved. there are 12 homes on the block that are not set back and it does not change the character of our street. this is a wide street with two- way traffic. we felt that these would fit in and add to the streets character. we are very familiar with the neighborhood of guidelines, we on several properties and businesses which shows setbacks. we don't understand why this city is changing the guidelines.

was to put their remodel 100%. i'm a founding member of the farmers' market and an advocate of the clean environment. i am impressed with the sustainability features. this is a value i share and one that i wish was more appreciated by the planning department. we have heard that they would have preferred a small light well. this would eliminate the overhang at the front of the new floor. i am sure the department has its reasons. i want to point out that these

conflict with the goals of this site. thank you. >> thank you, next speaker. >> good evening. i am here reading a letter on behalf of -- i am a physician. we are small business owners here and san francisco. we have been san francisco for 33 years. i have seen homes expanded all around me. this is followed by a three story home and then another two- story home. these homes have grown with the neighborhood.

the planning code and the residential design guidelines and work with neighbors to resolve any problems. they already set back the third floor by about 6 feet. they are more than adequate to serve these goals. the decision of the planning commission was a very close vote. we ask that to be kept in mind. this could have gone a different way. some of us could have known better. we asked that these designs be given a second chance. thank you. >> thank you.

i am a textile designer. i am in yosemite picking up my son. we have been the residence for 23 years and i have raised my son there. we understand the difficulties of raising a family ended mired the efforts that gene and -- are making. the majority of homes are 3 story or hire. my next-door neighbor to the east build a third story. these neighbors live above their parents. they built three floors. they have no setbacks. the neighbors to the west are a two-story home and i have a false front. the proposed addition is shorter than my neighbor's home. we are grateful that they are sensitive to the neighborhood. it is critical to keep families here as they are the future of

the city and it is important to look at reasonable improvements. the homeless to be remodeled to keep up with the way that family lives are changing. this will improve the features of the families today. it makes the building greener and removes all of the -- only a homeowner, not a developer, is the best in the relationship with their neighbors. please support the plans and keep them in the city. >> thank you.