pretty much all of the bedroom windows. this is my bedroom window. it is a glass. it could easily be broken into. i am very concerned about security issues. these other windows have line of sight directly to the? deck. all of our bedrooms and kitchen windows have access to that deck as well. the open bedroom windows are the only open -- source of light and air from those units. you can see my security concern with anybody ought not -- on that deck. it also affects five other unitst. he deck is going there.

they will be affected the same way. they have direct line of sight, privacy issues. this is also a very narrow at neuss tunnel. it is very narrow and everything that goes in this area. -- echoes in this area. we would like to argue that this deck is not legal. only if there is no increase in discrepancy. the current code says that a structure in a rear yard cannot occupy any space within 15 feet of the death of a lot or the property line. -- depth of the lot or the

property line. it is closed to all of our units. a later interpretation of that section, adding neuss on to noncompliant structure by returning a shed into a deck was a discrepancy. their rear yard is an amenity for all residents of the building. when someone tried to turn it into private use, it was denied because it was a discrepancy. clearly, we think this is not legal under code. it also affects numerous people in the neighborhood. [inaudible] you will see that everyone around here, the red building is 1490.

our people are directly concerned. i also have 85 signatures on a petition. half of the signatures come from the other side of the marina. i talked with each and every person who signed this petition. half of them are concerned because [inaudible] they are on every corner. they are designed to be uninhabited spaces that provide light, air, and privacy. it has been there since the 1920's. what we ask -- we think these decks changes the neighborhood character. we believed it is illegal overcoats.

neither is needed. but a roof deck for all of the units gets rid of the need for a private unit for one per cent and changes the face of the neighborhood. -- for one person and changes the face of the neighborhood. if it were adjusted -- >> your time is up. now calling speakers in favor of the dr. i have a stack of cards. [reading names] >> commissioners, thank you. this project started out with

construction a year and a half ago. it is not part of the original building. it is a separate building. they got caught, the city gave them a citation. that started a chain of events to pull a permit. since that permits, they have pulled 20 permits on this building. they have been -- we of all lee complained about one issue, the decks. there are two decks. they started off with a private deck. we are not happy about the roof deck. this is located right here, in the discussion, there will be two fire walls. there is a fire wall around their deck, and directly next to

our property lines. the issue is this deck primarily. there is a neighborhood pattern. the classic design is the bookend. the build date -- everyone in this building is on the corner, has one of their to property line walls said back one garage over. they put windows on it. the adjoining neighbor has windows on their property line. it is classic design. that was a design feature. these are pictures after pictures of buildings that have this feature. if you put a garage on this, the first person, everyone is going

to do it. if you allow someone to build eight roof deck on this, you will be affecting all of the neighbors and establishing a precedent. why is my client care? these two windows look like they are white high up in the air. i can stand on this roof and look in today's windows. they're going to raise it up about a foot. they will be able to look into this window. you can walk right up to the window. there will be a little partition, but you will have direct access. i work with the architect. we thought we had something we could live with. if you have your deck, build a privacy screen. it came back that the planning department said, to our disbelief, this section of the

building, that they could build something even more. the only thing you could build with a deck. when we ask for a privacy screen, that would require a variance. i am missing something here. you should -- if you are going to build, at least crete some minimization of the impact. maybe it is an impact you should not have they deck there. we have worked -- we have looked at the planning code. it seems pretty clear. the garage is there. i believe it should be open space, but open space at 10 feet up in the air next to the second

floor is not a good place to have that. we request that if you have to allow them to have day deck, -- have a deck. thank you very much. >> good afternoon, commissioners. i am an owner of unit 4 on 1468 francisco. i have all of the unit for approximately five years, put my life savings into it so far. my problem with this is a quality of life issue. i'm self-employed, i work from home often. the window that is shown is my bedroom window. it is the only window in my bedroom that opens up. it is my only window for light and air. i keep it open to delta breeze

from the street. if there are barbecues or dogs, noise, smell of smoke, it already comes into the backyard. to have another deck, it really sacrifices my right to light and air. noise is magnified coming down through this corridor. you hear people on this side walk all the time. their voices are magnified when they walk by. i would ask the commission to consider our viewpoint and to not allow this deck. if they want to have barbeques, have them on the roof. just like everybody else in the marina.

this is a case of one person benefiting. i would ask that you do not approve this project. and that you keep the 1468 francisco homeowners under consideration. thank you. >> good afternoon. i am a renter at 1468 francisco street. i share my one-bedroom unit with my wife and my eight-month-old son, jack. my unit is beneath ben's. i am on the same level as this rooftop carriage. let me show you the view from within my bedroom. this is our baed. this is the top of the garage. it is not pretty.

it has resting fins -- rusty fencing along the top. there is never any one on top of the roof. it is the only when do that we get the sunlight directly into because we are at the back of the unit. if we have a deck on not approve garage, you can see that people standing there, it is not going to make our bedroom very nice. we will have to have the curtains closed all the time. we will have to have the windows closed all the time. it is going to make life difficult. trying to get to sleep, we do not know who is going to take over this unit. from my point of view, i would very much like that you reject this deck on the top of this

garage. it is going to make our lives very difficult. thank you. >> good afternoon. i am here to speak on behalf of the renters in the 12-inch rent- controlled building at 3320 octavia street. it is this white building here. the building is directly adjacent to 1490. people on the broad deck have a line of sight through all of these windows.

in addition, all noise from people, parties, conversations, dogs, bounces off the walls and carries to the noise tunnel. this pride deck will impact the quality of life on all the renters in this unit. the roof deck present noise issues and privacy and security issues as well. i've read a statement from 3320 octavia, who cannot be here today. i have lived at 3320 octavius street for over 20 years. i had corresponded earlier with the owners. i have concerns about the noise and fire hazard. they did allay my concerns somewhat about the fire danger, but i have serious concerns about the noise and possible damage. during the bridge anniversary

fireworks, everyone from 1490 what directly over 3320's roof so they could see better. i understand that it was a special event. i can imagine people will be walking on the 3320's groove on a much more regular basis. never mind the smell of smoke, it will increase the noise of the tenants. it also increases the likelihood of damage. at the time i was e-mail and the owners, i did not realize they've wanted to add a second deck above the garage. why is that necessary? the alley is noisy enough as it is. you can hear every one going up and down the wooden stairs.

not only will introduce on welcome noise, it it will block light. i cannot imagine such a deck benefits anyone. please do not approve either deck. thank you. >> [reading names] >> good afternoon. i live at 3149 golf street just around the corner from the project property. i someone who lives in the neighborhood that has many locations where these garages group? might be, i have several concerns. we live very close to one ourselves.

they can have a net negative impact on the privacy of surrounding neighbors. most are situated in places that are immediately adjacent to the living spaces of the neighbors bedrooms, dining rooms, kitchens, offices. the people who gather on the deck are so close they can easily over here what is being said. they are invasive, i feel, in the worst way and can make already cramped living conditions seem even more cramped. it can create anxiety and stress for the people who live near them. my second concern is that the noise from these decks would be amplified because they are located in narrow spaces between buildings. these are not rooftop decks.

these garages decks -- the sound goes directly into the units around them. the resulting noise can be so loud and interests of that is disruptive to the lives of the people living nearby. finally, it seems obvious enough to me, but these spaces were designed for very specific functions. air, light, and access. they were not designed as recreational areas. they should be maintained as spaces or air and light and access can be provided. thank you. >> good afternoon.

i am the owner of unit 2 at 1468 francisco street. i am here today to support the residents of 1468 to express the concerns that you have already heard. for all of the reasons that have already been expressed here. i have spent most of my savings and plan to retire here. therefore, i urge you to stop the building of these decks for all the reasons you have already heard. thank you very much. >> good afternoon, commissioners. i live on the other side of the marina.

i am a renter. it has the exact same situation. we are next to this large building and that is the roof deck that would be affected. our kitchen and their front windows are adjacent, and even now, when i am out on bill littledeck in front of the house, i can see right over to the roof and see into the neighbor's house as if their curtains are up. it is an uncomfortable feeling. it is not a feeling of privacy or all lot of comfort in my home. i want to suggest that setting a precedent like this is not a great idea. it is all over the marina. i had not realized until i

started looking. i will read a comment from my neighbor, who lives at 1473 francisco. he could not be here. he wrote the following. i have enjoyed living on francisco street for over 14 years. i am not in favor of the additional deck on the garage. noise will be an issue. i think sfpd has a better use of a time when responding to complaints. this sets a bad precedent, please do not permit it. thank you. and >> good afternoon. i am a resident of san francisco and then lived in the marina for about half of the time. i am here to speak for some of the neighbors who could not come today. the first person is maria, who lives across the street.

a family of four. i am a resident of the 1400 block of francisco street. i have been a resident for 20 years. it is a beautiful walk and we wanted to remain that way. without loud people partying, and garbage clutter. the deck on the roof is a huge concern as well. imagine what a real deck will introduce. it is unsafe to have people eating and drinking up in an exposed area with note safety bars. it is also annoying hearing be sound travel down the block. please stop the planning of the deck. many neighbors are disputing the request.

i also have been another comment from another neighbor. she lives on the southwest block of octavia street near the building that has already been discussed. dear planning commission, this would disrupt the look of the marina neighborhood. if one gets away with it, more will appear in the neighborhood. the neighborhood would be noisy. we currently have neighbors with a deck on francisco who party quite often. the whole square block can hear them. some of them -- some of us have complained to the owners. their quality of life would be disrupted and may affect our property values. we're only half a block away. please do not allow decks to be built. thank you.

>> thank you. [reading names] >> good afternoon. i am president of the golden gate valley neighborhood association. golden gate valley neighborhood association request that the planning commission not legalize the existing roof deck located above the one-story garage or all-out expansion. use of this private deck will create new ways. the primary users of this deck may be dogs makes the planning department approval more distressing. in any world other than the planning department, the garage and deck would be located in

the side yard. maintaining that a side yard is a rear yard is no harm was fiction. the project sponsor and the dr requestor formulated a mitigation plan that the planning commission helped torpedo. the people of san francisco are not well served by alice in wonderland logic that blocks the compromises necessary for our neighborhoods. thank you very much. >> any additional public comment? speakers in favor of the dr? >> good afternoon. i have been a homeowner in the marina for 18 years. i live right around the corner from this proposed development. i've concerns about the street facing deck.

this is a precedent-setting situation and i am concerned about the impact to the block face, noise, and also the impact to the residence in the adjacent buildings. i do not understand them and the requirement to have this open railing. we do not see that on top floors. we do not see open a railing. we see solid railing. these open railing decks, it is an intrusion to the block face. you will be able to see the contents of the deck from the street. that is very disruptive to the block face. if this is approved, these types of situations are all over the marina. it is very disruptive to the

architectural features of our neighborhood. secondly, this deck is situated inside -- there are walls all around it. that is a noise chamber. it is not like a roof deck where the noise can filter off. it bounces off the buildings. it affects the people around the vicinity. it would affect us, for example. this is excessive noise. the most -- having personal experience with a development that has negative impact, i am very concerned about the negative impact that some of these development projects have gone neighbors. i certainly support every property owner's right to improve their property, but i do not believe it should be at the expense of the people that live around them. that should be a very serious

consideration when you are looking at these types of projects. obviously, this will create a situation where it will impact the quality of life and property value of those in adjacent properties. thank you. >> proposition m was passed to preserve neighborhood rights of security, privacy, and air. this is a prime case. the code does not allow our rear yard deck within 15 feet of a property line. it does not follow code. what concerns me, you put a -- he puts a railing on the top of this garage, it will be a lot easier for someone to throw a

rope over, get into the windows. the security and the safety of these neighbors is extremely important. i firmly believed that neighbors should start being heard on some of these issues. light, air, a safety. that is the case in this case. if you make an exception, you'll be getting dr's right and left. and possibly court cases. i do not understand the fact that there is a deck the neighbors are supporting the above. please listen to them about the one above the garage. this affects people's lives. the people and the next -- the next door neighbors are hard- working, at trying to stay in