policy requires wooden windows and only consider aluminum windows on a case-by-case basis. it is due to the planning codes requiring that the rear yard is set back. do people just build it? the way they want and legalize later if necessary? i think we need to agree on what the rules are and have them applied fairly to everyone. please do the right thing and reward those of us who have been following the rules to collectively better our neighborhood. " >> my name is vanessa julian. i reside at 50 collingwood and have owned the building for nearly 50 years. i have read the standards for when the replacement and the residential design guidelines. they are clear and unambiguous

as to the appropriateness of appropriate when the replacement. on page 8, it states "if replacement windows are required due to deterioration, those that are visible from the street should be replaced with windows that are appropriate to the time. you're building was originally constructed. if the building was originally constructed in 1908, they should be replaced with wooden double on windows with similar dimensions." please do the right thing for this building, for the street, and for our neighbor. thank you. >> good evening. i am reading a letter from one of allen's neighbors who is in 45 collingwood. his name is pete young. "my wife, our children, and i

live across the street and we are ready to support his efforts to have the proper windows installed in his building. we have recently decided to replace our aging windows. we were told the appropriate lenders to install or wooden windows. we purchased marvin windows from 100% would. we sympathize with allen because, like us, he was to follow the rules and do what is best for his house and the character of our neighborhood. we feel a bit cheated and tricked that we were told there was no exception to these rules. now we find an exception being made without any justification. if the rules are that we should all use a program materials to honor the history of our neighborhood, and we should all use the program materials. it seems pretty straightforward to me. please vote in favor of allen and require the opportunity to have a nice-looking wooden windows as per the standards."

>> i am here to support alan in his desire to put in a wooden windows for his home as it is pleasing to both his home and neighborhood. >> my name is todd. i am a window dealer and i do a lot of work. 50% of my work is done in san francisco. we are required, and i know this because i work with a lot of contractors, on the front side of all houses in more of a historical or original edwardian or victorian house, to put windows -- to put wooden windows carried on the backside, we can do pretty much anything we want. on the front side, 75% of the

progress of work on, i am required to avoid a exterior windows without an aluminum frame but with a wooden frame on those windows. that is across all my contractors. >> good evening. my main it -- my name is chris. i am an architect and i live two blocks away. i work one block away on 18th street. in all my 20 years of being an architect in san francisco, i am pretty perplexed that this argument is going on. i have had at least a dozen projects in san francisco in the past year where we were not allowed to use these kind of windows. it was strictly wooden, no cladding, historical windows

with the lugs on them and so forth and so on. what i am here today it -- why i am here today is i do not understand why it is being approved for these windows? aluminum-cladding looks like a different window. there is no two ways about it. in some cases it is appropriate. not on this 1912 building. it really needs to be historically accurate. i would like to see a wooden window. wood with a painted finish. also, none of my clients have ever been given preferential treatment in approval for inappropriate windows as the applicant has been here. especially three years after installing them illegally without a building permit. for most, i ask that you respect

the window standards and not bend the rules unless you do it for absolutely everyone. thank you very much. president fong: are there any additional speakers in support of the d.r.? seeing none, the project sponsor has five minutes. >> good evening, commissioners. i am the owner of the subjects property. a lot of wild claims have been made tonight. i would like to focus on what is relevant. first thing, there is nothing exceptional or extraordinary about windows. there were installed for years and four months ago back in november 2007. they are triple-paned. i installed them because we live in the heart of the castro. it is a wonderful neighborhood, but with that comes a lot of street noise. i replace the aluminum, single-

painted windows with triple pains. as a first-time home buyer, i had no idea you needed a permit for a simple replacement job. anyway, this was completed more than four years ago. the planning department, the residential design team, and the historical foundation have all reviewed this case. they are intimately familiar with the details and they all agree that my windows in are perfectly appropriate for the building and the block. that is their determination. they are asking that you not accept this d.r. second, i windows actually are an improvement to the block. they are an improvement compared with the windows that were there and the windows that are in the d.r. request for's unit. and also an improvement compared with the adjacent buildings on our street. this diagram shows -- can you see it? i have color-coded.

wooden is best. aluminum-clad is second-best. vinyl is not code compliance and is the worst. most of our buildings have non- compliant windows. my windows actually improve the lot. they do not detract from it. this is our building. this is my unit. the windows were installed in 2007 and these are the d.r. request for's. they are not wouldn't but are single-pane aluminum, not code compliance. here is another view of my windows. i chose these because marvin has a sterling reputation for creating high-quality, code comply, energy efficient windows. in comparison with the d.r. requesters's windows, i am not quite sure with what we are talking about this. here is a picture of our next- door neighbor's house.

on the windows, plastic, compared with the beautiful depth and detail of my windows which had been approved. these are the windows are replaced in 2007. they are unattractive, single- pane, drafty, made of aluminum. these are the windows i replaced them with. they are beautiful. look at the depth and detail. from the inside, my windows are an improvement as well. the next important thing i would like to focus on is that there have been no complaints about my windows in four years and two months. not a word was ever said to me about this from any neighbor, not even the d.r. requester air until i received a demand letter in january pointing out that my windows -- if i did not pay him $30,000 to remedy the fact that they were not permitted, he would sue me. i'd promptly went to the city and found out i could get an over-the-counter permit which i did on that day.

it calls the $540, not $30,000. only after that did the d.r. requester file an appeal and he got his next-door neighbor friend to file a second appeal. he then made the rounds in the neighborhood and managed to stir up some excitement about my windows, which were installed more than four years ago and nobody has ever complained about them. next, i want to point out that i also now have never been support. nobody is here, but i have a three letters of support. finally, last but not least, the window permit he just applied for last month that was approved, are neither here nor there. this d.r. is about my windows and permit. it is not about any permit he has recently applied for or wants to apply for. it is not about any other neighbors. the planning department knows what they're doing. there are professionals and work with these guidelines all the

time. guidelines are guidelines and not rules. they have discretion and they agree my windows are appropriate for the building and the block. i ask that you follow the recommendation and not accept this matter for d.r. thank you. president fong: are there any speakers in favor of the project sponsor? >> good evening. i am an architectural designer with an architectural firm in the city. over the past six years, i have worked with dozens of projects. quite possibly two-thirds or more all-out aluminum-clad windows exactly like these ones. these are marvin windows, they have a great reputation, a stellar reputation. they may need an eighth of an inch or a quarter of an inch

here or there, but this is the modern day. we have got to hang a lot more class in these windows. we heard from someone over the road who was compelled to put in marvin solid wood windows. those are the exact same profile with no differences to the window that she has installed in her house. i also want to point out, because there seems to be some question about the fairness of this and the judging of the planning department, but i know that the planning department, they are at a very diligent organization. it will not let people install windows they do not approve of. this is not some permit that slid on the radar. the residential design team, the historical preservationists, have always -- they have all looked at these windows and they agree they are fine. we will keep facing the judgment

of the planning staff and not allow the personal vendettas gone wrong to deny that her permit. thank you very much. >> i am an attorney and my office represents her with regard to these windows. what is important to remember, as the planning department found in its initial review, there is nothing extraordinary about the aluminum-clad windows that she has had installed. they meet in the architectural type of the street. there are less than 50% windows

on the street made of wood, contractor -- contrary to the d.r. request your's statement. the majority of windows are from sub sub standard material. she has improved the property, increased the volume of the property. she has not received any complaints whatsoever. the aluminum-clad windows are code-compliant, unlike these plastic windows. there were professionally installed. it was her unfortunate and awareness that a permit was required at the time of the installation several years ago. that is the reason we are here. that and whatever personal issues have arisen with regard to the d.r. requester error and his neighbor. what is important here is that the windows should maintain the integrity of the street, and of

the property. there is nothing exceptional about them. the d.r. should not be accepted and the windows should be approved. president fong: d.r. requester, you have a two-minute rebuttal. >> thank you, commissioners to. we came here to talk about the building. we are going to continue to talk about the building. i would be happy to answer any questions that you have related to what was just said. i am a general contractor. i have been a general contractor for about 10 years. i have lived in this house for 15 years. every square inch of the interior of this house i have meticulous the upgraded, restored back to its original condition.

milling the woodwork, installing everything. the outside of the house was next on our list. then these windows went in. i just do not understand why it is so hard to believe it is not a personal vendetta when this is what i do. this is my home. i will be here another 30 years, i hope. if we want to talk about exceptional and extraordinary, what i find exceptional and extraordinary is that mincing window types is against the policy that i did not write but that the planning department wrote. i just do not understand why i cannot have wooden windows and follow the standards. these standards are not to be regarded as guidelines. standards referred to ceqa and they are important. this house is right on the street.

this is how my house could look. at the hearing last week, the appellant said it, i would like to sell our property and move on. commissioners, i am asking you to help me prepare my home before she sells for property and moves on. her contractor made a mistake. she did not make the mistake. the state of california licenses her contractor. she should go to her contractor. she is asking me to eat it. i do not understand. president fong: project sponsor, you have a two-minute rebuttal. >> again, this is not about his windows and windows he would like to install in the future. this is about the windows i installed in 2007 and the fact that there is nothing exceptional or extraordinary

about them. the planning department has approved them. i believe that this is actually not a debate about window material and what is best for the building but a way for him to try to use city process as leverage in a lawsuit against me. if he really cared that much about his windows and preserving the building, why has he waited this long to install wooden windows. he just apply for a permit and got it approved last month after trying to sue me about this. i just do not understand. his desire to suddenly improve a building like this with wooden windows, that is his prerogative. i should not be punished for putting code-compliance would and -- windows in that are not wouldn't more than four years ago. he points out that i was planning on selling a property. that is neither here nor there. this d.r. is about my windows and one's right to sell their property is one's right. it has nothing to do with my

windows. the planning department has established that my windows are pri and that is what this is about. thank you. president fong: the public hearing is closed. commissioners. >> i would like to make a clarification. a couple of things i skipped in my presentation that were partially stated by the project sponsor. initially, the windows were installed in 2007. the permit was filed to correct that in 2011. it was signed over the counter. what happened was, it was signed and that individual failed to be contacted. that person is the d.r. filer. after the permit was signed, it was suspended.

they were then contacted, allowed to file d.r. they subsequently filed an appeal to the board. the board had a hearing the prior week and put that on hold until after the planning commission had an opportunity to review this discretionary review upon being sent back to the board. again, this was reviewed by the residential design team. there were also reviewed by our preservation staff. both bodies felt that these windows were writ for this location, this style of home. i just want to make that clarification. president fong: thank you. commissioner sugaya. commissioner sugaya: maybe you have already clarified it. the project sponsor is somewhere in here and says that the historic preservation commission review this.

>> preservation staff had an opportunity to review it as well. commissioner sugaya: i was going to say, sayhsc looked at it, we should have something in there. but obviously they did not. i am curious. the d.r. requester now has a permit specifically for his window replacement project? if so, what were -- why is he being -- i do not understand. he has a permit and is installing wooden windows. did we tell him to install the wooden windows or is that his choice? >> that was his choice. that permit has already been issued. commissioner sugaya: ok. this has nothing to do with the

windows situation. i was going to ask the question anyway. i do not know who to ask. this building is a two-ownership building? the d.r. requester, can you answer that? >> this is a two unit building. >> are they condos? >> it is. >> do you have to agree on window replacements? in my condominium, there is a huge argument about window replacements and who is responsible and is the homeowners association responsible because they on the outside? >> the answer is that these call for any work that requires a permit to be reviewed. >> ok, if there are any further

-- it does not sound like the windows were reviewed by you and it does not sound like she reviewed your windows. you are both in violation at this point. to the project sponsor, you don't have to answer this question. it is just an observation. i suppose it happens all the time, you hire a contractor, they should have known. they should have asked you, did you go down and get a permit. lesson learned. >> yes, definitely lessons learned. >> there is leeway in how the

department looks at the installation of windows. i think that one hard and fast rule is that if this is a historic landmark building or within a historic district, would windows seem to be appropriate, the department has no qualms about asking someone to install windows. i think in other situations, the guidelines are fairly strongly stated. i think that there is some discretion that that can take place and if the preservation staff have looked at it at all.

if you had those prior to the installation of the aluminum windows, the replacement windows are still conjecture. >> i hate will have to agree with you.

this is a bad example. you usually hear about these fifth of large projects force of urban projects that this is amazing for a two-unit situation where they cannot come to any agreement at all. a number of months ago i was at a noontime session at the planning department's on the replacement windows and it was a very interesting section and among other products that were displayed in detail were some of this type of window including some aluminum clad and wooden. i learned a great deal about them. i actually saw examples of them and saw how they compare and

while i will agree that in the building, it might be if i was doing it, i could get it at a reasonable comparable price. i don't see anything wrong with this type of installation. it is unfortunate that some contractors in san francisco are allowed to continue in business and violate the law. but we might have the authority

but don't see how this rises to the level where we should make that type of a judgment call. >> i tend to agree with what has been said so far. we do have the guidelines and these might be widely circulated and people become more knowledgeable. all the windows should probably be replaced in would. from the appearance of the windows that were put in and having dealt with marvin windows, they are very high quality windows. you have to look quite closely to tell the difference, at least that is what appears to me. i don't know it is appropriate to ask for replacement windows

in this instance but i certainly think it is a good idea to try to have some guidelines that aren't known well and well accepted for the future so that this will happen less frequently but i don't see the need or the advisability of taking d.r. in this situation and i will make a motion not to take d.r. and except the project, i guess. >> second. for >> the motion on the floor is tonight take discretionary review and approve the project. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye.