our biggest problem is the means of egress out of that unit. if you -- i can assure the planter a quick. -- i can show you the plan real quick. >> they can come back and paint a picture for us about how serious the issues are and that is why we ask your client, i am assuring it is your client to look into the feasibility of doing something that would diminish the chance there would be a life safety issue. we're not requiring that. we do not have the ability to require that. we're asking you to look into that. if after some time has passed, you feel like that is not feasible, when mr. duffy comes back with something the causes concern, you have to request it be taken off the call the chair and the should be brought back

before the board. >> think you. -- thank you. >> there is a conflict. you're asking dbi to do some research and report back and then you're looking at a rather lengthy continuance and those two things do not seem to drive. >> you have to calendar for the report back. >> before a year. quex it not want to set a date for that now? >> i do not think so. do you want a date? >> the fact that we're still doing the permit research and the inspector is going back out there, i see the request to determine the illegal use of subject property. there will go back and they will write what i hope should be a pretty detailed and -- a list of the deficiencies in the unit. >> how about june 13?

>> we will try and do it for that. it was ordered in march so it might already be there. i will leave that up to the chief housing inspector tomorrow. >> if some problem, you could always request a delay. >> that is where thought. >> there are two comments about the life safety. this is the proposed plan. the same configuration as we have now. there are rqi -- two digresses. one through the garage. there are sliding doors leading to a deck. unlike the late one unit that had won a chris, this has a second way out. -- last one that had egress, this has a second way out.

i would think that would need sprinklers. >> it sounded like a one-year sprinklers thing. i thought this could be used for permanent storage. >> bear in mind that what you indicate as the second exit may not be an exit. from the deck, it looks like a relatively small yard. what they call an area refuge has to apply based on certain dimensions. >> you know better the night. there is another way out. or you go to i do not know. greece lived there safely for 19 years. ex-wife believe is on the floor is a motion by commissioner fung to continue to allow a dba to assist with these -- to inspect life safety issues. >> the party should be present.

life safety -- quex my understanding is dbi is taking for the permitting. should that be reported back to you? >> please. >> ok. we have a motion from commissioner fong -- fung. >> the landlord seemed to work pretty hard to satisfy the needs of the tenant. >> the motion from commissioner fung to continue this matter to

june 13. the public meeting has been held. on that motion, president garcia, aye. vice-president hwang, aye. commissioner fung, aye. commissioner hillis. aye. >> the last item is 10. appeal no. 12-029. subject property is at 138 fifth ave. appealing the denial on february 28, 2012 of a permit to alter a building, correct the record to show ill -- legal use and occupancy as single family dwelling. you have seven minutes. >> thank you. good evening, commissioners.

president garcia. i'm not taking the time to recapitulate all the stuff i submitted in writing. this is a matter of a building that was converted into multiple units without permit and we're trying to correct the record and restore the building. it has been well over a year since anyone has lived in the building. there is no displacement or anything of that nature associated with this. just to quickly run through some pictures for you. this is a largely single-family portion of a long block. below lake street. and this is the other side. also single-family is, larger single-family homes. that was the back of the building. i want to show you a photograph to show how much added on and

illegal -- potentially illegal work has been done on that property and it is in quite poor condition. this is the floor plan showing where the green arrow is, the entryway. you can see where the door has been put in where a window previously was and the entry foyer. you have the permit in the package i have submitted. that was issued for putting a door where that window was. on completion of that and another permits for a basement room at that time, the certificate of completion and occupancy was issued which has created this series of processes. let me run through a couple more slides for you. this is the upper unit. the kitchen is pushed to the

front. there's a great deal of space taken up with the interior access. it is not a good unit. this is the property resource database which still shows as a single-family dwelling. they get their information from the assessor's office and i will show you that in a moment. this is the map which shows just one address, 138 fifth ave. i went through the directories going back into the 1950's, 1960's an 1970's. it was 138 fifth avenue. if i could go to the overhead. 138 fifth avenue is the only address that the assessor's office has and this is the assessors building record which very clearly is indicating it

has a single family dwelling. it was never a permit issued to change the use. which is what is required for the planning department to act, to create a new dwelling unit. the point at which the second unit first shows up in the record is sometime in the 70's. -- 1970's. the polk directory never shows an entry until the 1982 poll, where -- polk. it shows as a new address in the directory system. the building department has reviewed all these materials. the only problem i have is there was a certificate of final completion of issued and they felt it was properly in the

discretion of this board to find that this certificate of final completion and occupancy was issued improperly. there is a lot of work that needs to be done to this house. the neighbors are interested in having work proceed here. they're interested in getting on with the restoration. if you have questions about the record, i am happy to respond. i do not want to take the time at 930 p.m. >> there is 1c. you can do it on the overhead. that was the water, right? >> this is the start of water service. this is 1903.

>> is there a reason why the 130 is crossed out and 138 put there? >> i have no idea. what that actually indicates. there is no are also in the record that indicates there is more of that. it can see in the list of fixtures there were authorizing that it lists two water closets and that is consistent with the assessor's rec for this single- family dollars and three and a half floors for an attic. >> when was the last time someone lived in the unit? >> that was in 2009. >> was anyone evicted?

>> there is no act. >> it was occupied as a to unit building. there was always someone in the house. it has always been -- the owner was a guy named mike and he was a building contractor. he was sophisticated and knew what he was doing. when that address shows up as 136 in the directory of 1982, the second unit is occupied by a maria liu. >> could you put back on the overhead photographs of the unit? >> you have some in the beginning.

>> which property is that? would you make that a full screen to a can see a better? >> let's go to the overhead. i have the photographs that the inspector took when he was out there today. if we could go to the overhead. this is the subject property. >> where is the entrance you said was created? >> the second entrance was added right here. and there was a permit issued that removed a window that was in that location. and you can see from the moldings of the interior floor where the original entry foyer

terminates. where a wall has been placed and the second door is pushed all the way to the far wall of that stair going up. >> did you take photos of that? quex on the interior, i did not. i did a walk-through today with mr. duffy, he can really what he saw there. >> in the report there is a 1986 item that said bring the building up to code, remove the basement, convert to two units. is that not making it a to unit building? >> it is not. thank you for the question. for -- at that time, for a second did it to be added, it would have required a variance from the parking ordinance. what actually happened is by gaming the system and giving to

record by saying that we're going from -- the made an application to legalize a third unit. the planning department rejected the third unit. assuming that the documentation submitted to them was accurate. as an existing two unit building. the planning department rejected the conversion into three without legalizing or commenting on that second unit at the time. >> the approved this 3-2? >> yes. because the building inspection, the housing inspection, department of hotel inspection had issued citations on what it would take to legalize that sword unit. -- third unit. what's that application got to city planning, city planning said, the zoning will not permit a third unit. that was rh2 at the time.

it would have required a variants going back into the 1950's to legalize the second unit. in order for city planning to have acted to include a second unit, it would have taken an action of the a master at the time and it would have taken an application to planning that did that. the record shows there was never an application that showed an actual change of this building for one to two. someone did overtime by gaining -- gaming record. reading history, you see the thumbprint of this property owner and the contractor watching how he did what he did at the time. it is an interesting forensic expiration. >> thank you.

mr. duffy. >> commissioners, when i read this, i thought it was a little unusual. i started reading it. i need to see this building. if -- you can read all you want. when you go to a building you can see what happened. i did go to the house. mr. paul was enough to give me access. i think the building department put them through the verification true microform and records. that created the building permit. mr. sweeney was dealing with it. when you look at it you do not know what it was. the owner, if you want to say gaming the system or whatever. even the permits to put the door in, he said it was a two unit building. why do you put a door in if you

have a unit? the door on the left side of the property, what i thought was interesting was what i was there, the door on the left side, that is where the window was. if you look at the property next door, it has a door and window beside it and it is around the same time they put the door on the left side and bill a wall across were you would have come in on the main entrance which was the right side. you would have turned left and went up the stairs. now there is a wall there. i took some photographs today. i am sorry to link than this. i am agreeing with mr. paul. i went to show you where i was coming from. this is a joint on a baseboard in the middle of the hallway. you would never see a joint in a piece of baseboards so there was a wall put in.

my conclusion is i think it was a single family and over the years, this owner got permits and came into the building department, i am not sure how to get issued. he would start off with one and then he went to two. no one said wait a minute. i am ok and i spoke to mr. sweeney before it came to the meeting. based on my site visit. we're ok with the single-family dwelling. however you want to use it to regarding the disapproved permit. >> all that remains is whether he will rest his case. >> he just rests his case or whether he needs to add anything. >> i will ask for public comment. seeing none, director case or do you have more to add? >> i have nothing more to add. thank you. >> you used to retire earlier

on public testimony. for case to do -- knew nothing about. >> anything more from the department? no. commissioners, the matter is yours. >> a move that we grant the appeal -- i move we get the appeal and allow this to be properly reconsidered as a one- unit building. based upon evidence from several sources presented by mr. paul and a concession on the part of dbi that in all probability was always -- meant to be a one-unit building. >> it was originally a one-unit building. >> thank you. >> i failed to add there is a permit to merge the units. if the board does take this

action and overturns the denial of this permit, that permit, the scope will change to removal of the illegal unit. it will not be subject to the merger requirement and will continue to be processed. the permit would be issued and the could obtain a cfc. >> that make sense. thank you. >> i believe we have a motion from president garcia to grant this appeal. overruled the denial, and issue the permits. i believe you said it was on the basis the building was originally a single-family dwelling. >> that is correct. with evidence to that fact. >> and a concession by dbi.

>> the building was originally a single-family dwelling as evidenced by documents presented by the appellant and concession by dbi. with that basis, commissioner fung, aye. vice-president hwang, aye. [reading names] >> the permit is issued. >> having c[gavel] who soon

>> welcome to "culturewire." today we are at recology. they are celebrate 20 years of one of the most incredibly unique artist residency programs. we are here to learn more from one of the resident artists.

welcome to the show, deborah. tell us how this program began 20 years ago. >> the program began 20 years ago. our founder was an environmentalist and an activist and an artist in the 1970's. she started these street sweeping campaigns in the city. she started with kids. they had an exhibition at city hall. city officials heard about her efforts and they invited her to this facility. we thought it would coincide with our efforts to get folks to recycle, it is a great educational tool. since then, we have had 95 professional artists come through. >> how has the program changed over the years? how has the program -- what can the public has an artist engage with? >> for the most part, we worked with metal and wood, what you

would expect from a program like ours. over the years, we tried to include artists and all types of mediums. conceptual artists, at installation, photographers, videographers. >> that has really expanded the program out. it is becoming so dynamic right now with your vision of interesting artists in gauging here. why would an artist when to come here? >> mainly, access to the materials. we also give them a lot of support. when they start, it is an empty studio. they go out to the public area and -- we call it the big store. they go out shopping, take the materials that, and get to work. it is kind of like a reprieve, so they can really focus on their body of work. >> when you are talking about recology, do you have the only

sculpture garden at the top? >> it is based on work that was done many years ago in new york. it is the only kind of structured, artist program. weit is beautiful. a lot of the plants you see were pulled out of the garbage, and we use our compost to transplant them. the pathway is lined with rubble from the earthquake from the freeways we tour about 5000 people a year to our facility, adults and children. we talk about recycling and conservation. they can meet the artists. >> fantastic. let's go meet some of your current artists. here we are with lauren. can you tell us how long have been here so far and what you're working on? >> we started our residency on

june 1, so we came into the studio then and spent most of the first couple weeks just digging around in the trash. i am continuing my body of work, kind of making these hand- embroidered objects from our day-to-day life. >> can you describe some of the things you have been making here? this is amazing. >> i think i started a lot of my work about the qualities of light is in the weight. i have been thinking a lot about things floating through the air. it is also very windy down here. there is a piece of sheet music up there that i have embroidered third. there is a pamphlet about hearing dea -- nearing death. this is a dead rabbit. this is what i am working on now. this is a greeting card that i found, making it embroidered. it is for a very special friend.

>> while we were looking at this, i glanced down and this is amazing, and it is on top of a book, it is ridiculous and amazing. >> i am interested in the serendipity of these still life compositions. when he got to the garbage and to see the arrangement of objects that is completely spontaneous. it is probably one of the least thought of compositions. people are getting rid of this stuff. it holds no real value to them, because they're disposing of it. >> we're here in another recology studio with abel. what attracted you to apply for this special program? >> who would not want to come to the dump? but is the first question. for me, being in a situation that you're not comfortable in has always been the best. >> what materials were you immediately attracted to when you started and so what was available here?

>> there are a lot of books. that is one of the thing that hits me the most. books are good for understanding, language, and art in general. also being a graphic designer, going straight to the magazines and seeing all this printed material being discarded has also been part of my work. of course, always wood or any kind of plastic form or anything like that. >> job mr. some of the pieces you have made while you have been here. -- taught me through some of the pieces you have made while you have been here. >> the first thing that attracted me to this was the printed surface. it was actually a poster. it was a silk screen watercolor, about 8 feet long. in terms of the flatwork, i work with a lot of cloddish. so being able to cut into it come at into it, removed parts, it is part of the process of negotiating the final form. >>