the neighborhood, page after page referred to in windows as being the preferred window, and i know over the past few years the guidelines have been looked over a period -- look over. we think we should be able to reasonably rely on standards as they are written, so even though the planning department is more generous in approving these windows, if we cannot rely on what is written, it is very difficult, and for a long time i have been relying on standards as they have been written. i did not come here to present

this, but i thought this was a simple matter of continuing. if i had come here to present, i would show you page by page the standards of what they call for, and i think if the planning commission were to review this, it would be a way to arrange things in lenda little. i think it would be beneficial to do this. this building is one of the few on the street that has not been touched. goothere has been no admission,d if it's between two that have been significantly altered, so to have this a building that

could be perfectly restored for $7,000, this is what we are fighting over. i am going to be there for 30 more years, and for someone to come in and do an upgrade and then move on, if her since region -- it hurts, and i think i could rely on the process to get a little justice, and that is what i am here for, and i would appreciate a chance to go to the planning commission, and my neighbors would appreciate this very much, and there are several coming in. gwe have a lot of pride in our street. the planning commission works very hard to make this city better than the way we found it.

we would like to have a chance to leave this house a little better than we found it and to leave our street a little better than we found it, so i am requesting that you please allow a continuance. good >> i think that ship has sailed, but you have given some testimony. i thing we all want to hear from the permit holder, and we certainly want to hear from the department's as to what their logic was, because we still have to vote for the other appellant who is not here, and whatever time you have left, you will have three minutes for rare bottle if you choose to use it. >> what is my time remaining? i think we did not start.

>> two minutes should be reasonable. >> just to be clear, you are free to withdraw your appeal if you want. the problem is the other appellant is not here. someone joined us, but i do not know if that is mr. pierce, so the board has sought other matter to decide. the board will have the other matter before it. trucks i want to return to discussion about -- >> i want to return to the discussion about

it being overlooked. did you suggested maybe there was no harm done, but the harm is what we are going through right now. i did not have the chance to review the permit. neighbors could have come down to discuss the windows. we did not have any of that. it was issued, so i have been at a disadvantage. any consideration would be important to me. it was a clerical error. i know how they happened. but i think it would be helpful -- you seem like you are involved in the process with

your neighbor. as the window has been there for years. you can talk about the window and why it does not meet the historic needs of the neighborhood. there may be other issues, but let's hear about the windows. gofor a relatively small projec, it seems to have a lot of processes involved, so i would like to move forward and talk about why you object to the window. >> i have had a change of heart. i am going to make a motion to continue this case. >> can we go back words like fast -- aphorists -- backwards

like that. but i do not want to make this more complicated than it is, and i have sympathy, but given that there was an error on the part of the city, i think we should let that resolved itself and come back to a spirited >> -- come back to us. good work>> in this case, i do w that any process has been foreshortened. perhaps he would have gotten it, and it would have been in reverse order, but he has not lost in the process as a function of not having been notified, so i feel strongly

that to have assumed we were going to grant a continuance, i do not think our executive director lead you to think about was a safe assumption, so i still feel very strongly we should hear this, see what happens in terms of the dr. there will still be an opportunity for the gentleman to come before us, and all he was doing was helping this gentleman understand it is to not use the time you have a for you to discuss the merits of the windows. >> we are back with a discussion of the continuance, and i think the process you were denied is the process you have

at this hearing, and i recognize you kind of know where it is going, but every time i have come here with an idea of how things are going to go, once i hear people speak i can be persuaded to go in a direction different from what i came in weswith, so that process is important, and my general reluctance and sympathy i have, this is an error, and i would like to see that it gets corrected before we have a final decision. >> is the matter is continued and the planning commission is given the opportunity to hear this and they wish to influence the permit in some way, because

the permit is on appeal, they would state their preference, and mr. sanchez can come back to the board and save those preferences, but the board has jurisdiction over those preferences. >> this is my dilemma. i would not be here today have the process worked, so i am here today, this is hurting me to be here today. this would not have moved forward. and i would have a chance to appeal, but this step by would not have had to take, but i took it, thinking i needed to at the

time, so this is how the lack of process has hurt me. >> how did you find out? >> we were on line, and it popped up. >> did you know you could avail yourself of this process? why did you choose to appeal here? >> i went in in august. >> after the permit was issued? rite aid o'clock monday morning. >> i came into the board of appeals, yes. >> my understanding is the dr process happens before a permit is issued. >> how could he ever dr? >> he could not.

>> the you know how it operates? >> yes, but how would you have done it? >> how would the process have been followed? the day that it came in, we would have triggered the bbn, which would have been a phone call. we would have brought a letter saying the appellant could appeal it. this happened on friday, the 20th. it was brought to our attention monday morning. we suspended if the following day. i believe and and and and and notice was issued february 1, so there was a lag, and our suspension was done before the appeal was actually filed.

this was filed sometime after. january 20 was a permit issued. february 1 was the appeal filed. that gave the 10-day window, and the appellant also filed a request, but before the permit was issued and the appeal period would have occurred, they could have had the hearing, and the income would have been factored into the decision on the permit. good >> you would not have set issued a permit? >> not until it had been completed. >> the appellant is going to be able to hear it right here as well as -- there will be a dr hearing. >> we would have otherwise had the dr hearing, the permit issued, and presuming they had

approved it was proposed, this is where we would be, but we did suspend a permit to do the bbn. we have a dr scheduled for hearing next week. that will happen regardless of the decision tonight. if the commission wants changes we would pursue other methods of having to get the commission's desires implemented. if the commission chooses to take no action, there are no changes that need to be made, and we would release the suspension. >> has this come before the commission before? >> i cannot recall a discussion review of a window replacement permit. window decals may, up in larger

projects, but it is not typical. good >> i believe i have a motion triggered >> -- why believe i have a motion. >> what is moving me is the fact whether or not you have the right to assume you would get a continuance here, and the fact you and your neighbors feel strongly about it, and i am very sympathetic to the permit holder. i do not know what it is going to cost in terms of time, but i would hope the wednesday after the thursday if we could calendar this -- >> we are not meeting until

april 11. >> i would ask that we get it on the calendar in the event it does come back to us. >> if that is the date they want to except, you need to be prepared. >> who controls halthat? >> in the motion. >> april 11. but part of what has complicated is holdinthese windows were putn without a permit. if the correct permits have been

filed this would have worked out. i want to be understood why i am changing my mind and i am going to support that motion. earningbut you want to make some specifications? >> i think it should be allowed. there are too many accidents but will have occurred. >> not to complicate this, but he has had seven minutes of here, and even though it looks as though we will continue, i am going to give you five minutes if you want to take it. just to be fair about the amount of time he has had before the microphone, if you want to go

through the time before we take a look of the continuance. goono other commissioners objeco that, do they? >> no. >> i would like to address some of the points. he talked about how my windows are bringing down the neighborhood, and it makes it out like my windows are horrible, and i would like to show a few photos. gooi consulted with an architec, and we walked around, so i consulted with an architect who knows about window materials and design and construction. this is our building here. this is the building of the appellant years who is not here tonight. out of all of these buildings,

most of the windows are plastic. my arine are aluminum clad, whis far superior, so i am in no way detracted from our neighborhood. if anything, i am using our neighborhood. i have got some other photos here. this is our building. i am at the top unit. those who will not notice any differences, but if you are an architect, you will take a look at these compared with a single pane aluminum frame windows. i chose these because they were manufactured by marvin. they have a reputation for co-

compliant and windows. even if it did go through as planned, that is not to suggest the planning department would make any other determinations. i think we all know the answer. they would say my windows are appropriate. there is nothing extraordinary about them. they are fully compliant, and if anything, they improve the aesthetics of our neighborhood, and to address the point i have just installed on these windows and some moving on, i installed the more than four years ago. i am not a contractor. i made a mistake. i did not know a single window replacement job requires a permit, but as soon as it was brought to my attention, i took the steps necessary.

there is nothing wrong with my windows zero debt reserve with my windows. i took pictures from the inside as well as. these are the original windows. they are very similar to the current windows. they are flimsy. they are drafty. there are 11 cars within two blocks from where i live. i work from home. the noise was disturbing me. i thought i was improving the value of my home, and the reason i am moving is because of disputes with the appellant. personally, i think the windows are beautiful, and i think anyone who knows about windows would agree. these are beautiful.

these are inferior. these are his windows here. they are very flat in comparison with my windows. my windows are superior compared to both appellants and to all neighbors on the block who have plastic windows. here is a closer view of my windows from the inside. they are beautiful. this is the material from the inside. i cannot speak to specific terms, but they are beautiful and windows. they are a far cry from these windows which are replaced back in 2007. to address the point he would have hired of briefing and presentation tonight, he requested this appeal.

he chose not to submit a brief. i had to respond to a hand written appeal, and he had since the refers to appeal, and where are all of these where are they tonight? i think that is all i have got to say for now. thank you for that additional 5 minutes. president garcia: thank you. >> thank you. i still support moving on and there has been processed for these windows, which is a relatively minor construction job. we have this hearing and planning commission hearing. i would love this on the merits. we can decide who has planning

staff here. staff has looked at it. there is adequate process. >> when dr takes place, the appellant and his neighbors might walk away satisfied they have had their process and he will withdraw this appeal. we did not see this again. everyone gets to go on with their life. >> most of the information about -- on this appeal is not about the issues, it is about other issues you have. i have no idea what -- who is right or wrong. i can decide on the windows. they're fine. planning has decided on that, too. i would do that and not give more fuel to the disputes these neighbors have. >> that is why -- if we become marriage counselors.

>> you want to have both appeals continued until april 11, 2012. we have additional reading aloud, would you like to set a page limit? commissioner fung: 5 pages. >> i would recommend you have both appellate submit their brakes no earlier than that -- march 29. -- their briefs no earlier than march 29. ok. when you are ready with that. if you could call the roll. >> we have a motion to continue both these appeals, a 12-007 and 001. the continuance to 11 april.

the permit holder do one thursday prior. on that, vice-president hwang, aye. 3-2, both matters are continued. >> there is no other business this evening. commissioner fung: thank you. [gavel]