i would agree to a pool the permit. >> i am leaning in that direction myself. it is difficult with what we have been given, also, but i think that the alternate option offered by the appellant isn't really a good one. i would not want it to be a step down either, i think it presents some safety issues even if you do get accustomed to having to walk down. it is more normal to have a landing. the photographs are somewhat obfuscated. it is difficult and i find it

disconcerting that devaluation of the project is significantly lower. it is not a $10,000 difference, it is potentially $150,000 of difference which presents concerns ha from a credibility standpoint. i will stop there. >> i don't have anything much more to add, i agree with my fellow commissioners and i am prepared to uphold the permit. i will make that motion that we all pull the permit. >> that would be based on a finding that the permit complies with the building codes? >> yes. >> that the scope of work complies.

>> we have a motion from the commissioner to deny this appeal, a pulled the permit on the basis that the scope will comply with planning and building codes. on that motion -- [roll call vote] the vote is 4-0, the permit is upheld on that basis. >> we are going to call item no. 8 on the calendar.

it will move item 7 to the end of the agenda. this is an appeal 12-060. subject property is at 2848 union street, protesting the release of suspension request of addresseddbi to director -- addressed to dbi director requesting it be released because the subject rear exterior is required for egress. and before we begin, we will wait for vice-presidentfung to fung to return. to let folks know, we will take a break after this item bere item number seven.

we are going to start with the presentation of the appellant's testimony. if he cares to step forward or his representatives. and we will wait until everyone is seated. please step forward. you have seven minutes. >> commissioners, i am the owner of 2850 union street. i am here to appeal the release of the permit. the city planning department found that the stairs were compliant, they replaced a small circular stair that had not been condemned.

the stairs that replaced were moved east. they were replaced from the rear of the house and they were substantial. there is a landing that looked directly into my living room. b. douglas for release of suspension said they would be in the same location. the size necessary for egress, i find massive. i hope you have a letter that was given for the homeowners association. the time of the site -- they feel that the stairs replacing the spiral staircase were

excessively large, and we have not received any notification at all. i received one notice from the planning department, and the owner began work three days later. i was told that no exterior work was being done. and there would be no design review. i was quite compliant and i thought i was encouraging to the neighbors and trying to be amenable as much as possible. they waited until towards the end of their projectat the lasta felon at the rear of the deck -- fill in at the rear of the deck.

there has been substantial excavation. there has been more living space added then i am aware of. having requested but never seen any plans, i do not think this will work. i talked to the owners, and i thought we were going to reach a compromise, but without notification, we decided to go ahead and push it at the appeals level, and this letter i hope you have encourages you to at least drown the planning department to reconsider the work you to at least let the department reconsider the work.

i checked, and since the project began there have been five permits. there has been expansion of the patio at the ground floor, expansion at the lower level, addition of the lower deck in the real level, privacy wings, and we feel that any of those would trigger a design review. there has been no configuration of alternate stairways. i would like to figure out a compromise that would work. i called the owner and ask for a

meeting, which he agreed. the owner called back and said he would not appear. we have three meetings. each one was about an hour with his wife. i thought the meetings went rather well. i received two calls from his wife that they were talking to contractors and i needed to wait. i had to file an appeal because time was passing common so i encourage you to set this fax so we can come up with a mutually agreeable compromise. thank you. >> what do you see as the compromise? >> i would like to see the stairs made smaller.

i think they are excessively large. i do not think they have to become so minimal they become unsafe. good i would also like to know region -- to note the living area has been expanded. i know they have excavated down at least another story, and i have an 18-foot green wall, and the reason it exists is because they have excavated down so far, but when you measure from my level in my backyard, i have a three and a half foot wall, and the highest i have the five and half foot wall.

>> what level is your living room? >> my living room is approximately at the landing. >> in relationship with your rear wall, is it at the same level? you indicated earlier -- >> i am on the second floor. >> just for your information, we cannot romansh region -- remand. >> you want a smaller set of stairs and you want to know which living area has been expanded? >> you cannot do this, but there has been a lot of excavation. i have no idea if it was

damaged, but he could look at my foundations, and i was told nothing. i know that is probably outside of your scope, but i would like to have the design review at least of the stairs. >> they are out of the rhythm of the neighborhood. how far beyond the standard size of stairs are they? >> i am not sure the standard, but they are three times more than anyone else. >>, when we use a larger, are you talking about the amount of space it takes in the backyard? >> the stairs were three and a half feet, but they were circular, and they did not take

as much. this could be 8 feet wide, so i think that is substantially more than necessary. >> is it your believe that the other neighborhoods have -- the other houses have circular stairs salmon -- circular stairs? >> no, but everyone is trying to comply with the law to make it as minimal as possible while still maintaining the safety. >> thank you. >> good evening, commissioners. i am helping the project sponsor on this appeal. the architect is also here.

first, there are a lot of things discussed that are not before you, and i do not expect to address somthem, but i want to assure you everything was done with proper permits for the work that was going to be performed and inspections along the way for the work that was being done, including the stairs, so the same complaint was made commoto ddi -- dbi and the plang committee. they gave him the time to be deliberate in researching what happened, and he did the review

and came to the conclusion of the stairs to meet code and were properly released. that is the beginning and the end of what this appeal is about. of course the circular staircase is going to take less space. it is no longer code compliant. when you build stairs, they are the minimum stairs, and they are on the property, and i do not know what every other house has, but if they were built to code, and now a would-be like what is

out there. we were hearing about this for the first time. goowe are here to answer questis if you have any. >> it looks like they are 4 feet wide. is that the weight of them? -- width of them. there are circular stairs that are 12 or 13 feet in diameter. good >> i do not think these were. they are 3 feet wide. >> they look like they are made out of steel. >> correct. >> thank you.

>> for the record, i am with the planning department. we do not have a lot to add to this. i want to emphasize this was over the counter. the permits involves a spiral staircase and a non-spiral staircase. we did send a permit. we wanted to make sure we had done our jobs right. we have. working with our colleagues, it was a firm our initial approval was appropriate and everything was appropriate because this really a stairway provides under the building code. it can be replaced with a slightly larger stairs. it is the minimum expansion

allowed under the building code. we would urge you to deny the appeal, and i am happy to answer any questions. thank you very much. >> thank you superior -- thank you. anything bowman -- anything? >> just to clarify, these were spiral stairs but were replaced. there is a different kind of circular stairs. the spiro one was the most narrow they are not as safe to

navigate. it requires it to be as wide as the door. and when it will require landings. there is a signed letter verifying the stairs. the other background is there was substantial ongoing work on this project, a loss of alteration, and i went through the job cards today.

the inspection was nearly performed, and the work is complete. >> is there any public comment on this item? please step forward. >> my partner and i have owned our home for 24 years. i am going to change the order of presentation.

i have copies of our photographs. i will also put it on the overhead projector. this shows what happens in our neighborhood. we are a series of brown shingle houses. we went to the city planning, and we have something that fits into the neighborhood. these owners have the same option. we got zero information about their projects.

this project started in july of last year with jackhammers nonstop at the back of the house. neighbors were complaining to me about it like i should do something. we had zero information about anything. gooi went over there, and none f the workers knew who the contractor was. it is only a sign for street parking, and you could not even talk to anyone about it. i finally was able to find somebody from the construction company.

i had to write him a fax with information about the project, and his response was that it was in the record. it was an absolute liar. i will read it to you. after several days of thinking about what the project was, this is what they say the project is. the project includes new fluke things, connections, and additionally, we will be retrofiting laundry rooms as

well as installing a new rear windows and doors. that is the project. the only notice i have got, and that is not what they have done. we lived through hell with this project. we never complain once to this owner. not one single person complained about this. i am outside the envelope, and and we have all been through this process before, and this particular neighbor was up the process three years ago, and he was strongly against of projects -- against the project. is was the most non-compliant.

it boggles the imagination. i have not seen a single plan. >> thank you. >> what you have youis a serial permit. goyou cannot do piecemeal, and this is what happened. i called the planning department. no one can come up with any drawings or steps on expansion. goothis is one of the worst processes i have seen in a long time. the noise is so loud people from two blocks away were

complaining, but they still said they had the right if it was inside the lines. the building has been expanded. the steps have been expanded. the steps are 20 feet longer than they were superiore. tony says it is a planning issue, yet we have not seen a pair of drawings that states how long these are, and i really think these should be revoked. i am sorry, but that particular block works very well. scott complied with what everybody else wanted. they just did it, and they objected to other expansions but not their own, and you have a legal boundary of peace and healing of project --

piecemealing the project. you are not allowed to do that. thank you. good >> is there any other public comment? seeing none, we will move into rebuttal. >> mr. rubin in his statement said the project was done in good faith, and i tried very hard to negotiate interface, and they encourage me to negotiate, and as time was running out, i had to file this appeal.

his wife called me twice and said they are working hard to affect it. thank you. >> mr. rubin. >> the building has not been expanded at all. the staircase is the only issue, and that is the issue before you. all of it was signed off by both. scott sanchez suspended a permit to give himself the time to investigate. he lifted it was properly done.

thank you for lifting this. goo>> can you explain how many permits there are? >> not off the top of my head. >> there were two permanent taken at the same time in july of last year, and one was for the voluntary seismic of grain. they originally started out