question to staff about the date of the hearing. >> department staff? the it was heard on march 26th. >> i have questions about the mitigation resources. i think you need to augment them a bit. i will say one thing. i think since the art piece is considered to be somewhat important or recognized as such, i think the mitigation should include some kind of treatment of that particular art piece and i know the artist is around since it was carried in the paper yesterday or today. so the information is available and if that could be incorporated into some kind of exhibit perhaps and also there probably should be an exhibit on the building or inside the

lobby with respect to the resources itself and i have some other technical things with respect to the photography that's being requested. so just submit those in writing. thank you. >> commissioner? >> i think the eir seems to be at least the draft seems to contain the things that needs to contain and of course the partial preservation opposite was discussed which i'm in favor but that's at the time the project comes forward. the idea of preserving the building and the same kind of house sg appropriate but it would be larger units and be more hospitable to tenancy. that might be a good option. but that's not for us to discuss today. we are only talking about whether or not the environmental piece is adequate. >> any additional comments?

okay. commissioners, at the direction of the chair we'll be taking some items out of order. we'll be considering items 16 and 18 prior to taking items 15, a b and c. >> we'll take a short please be reminded to turn off any mobile devices and when speaking before the commission do state your name for the record. commissioners you left on on item 16. 6 d d d d e 535el camino del mar request for discretionary review. good afternoon, commissioners, i'm david lindsey of department

staff. since this was determined to be an abbreviated discretionary review case i will be presented this on behalf of the project manager. the project at 535el el camino del mar exist on the existing parcel of the second floor of this single family house. the project includes changing the roof over the kitchen,en closed the front entry and adding a new window on the buildings front facade. it's located on a large triangular lot where the home corners east. the building was determined financing to be

a historic resource. the proposed alteration were found in the ere and was found not to be a problem for the compliance. also exempt under sequel. the project has received letters of support from par. the linkin park home owners association and neighbor to the east and neighbors on the north side of --el camino del mar. five discretionary reviews were filed. 4 live on the southeast of the property and one lives south of the

property. all the er's were filed. the projects adverse effect on a historic structure, the project's incompatibility with the neighborhood character including prevailing heights and roof forms. the adverse effects on neighboring properties access to light and mid block open space and the invasion of non-native species caused by the proposed green roof of the project. the following was noted: the second story setback 35 feet from the property line. the modest edition is consistent

with the style in general. the project would have no effect on the light air or privacy of the request or's property. since the property is between 40 and 35 eat the from the properties. including an easy meant. it does not affect a mid pattern block open space. the project has been designed to meet the secretary of interior standards and found through the process to comply with those standards. green or living roofs are supposed by the planning department. and finally the project is consistent with the residential design guidelines and does not contain or contain any exceptional or extra

ordinary circumstances. >> for the record i forgot to punch my comment in earlier. i work with applicant more than 14 years ago in the same office. however that does not constitute for me to be impartial and objective. i have discussed it with attorney and she accepted my explanation. >> thanks for that. calling for , i think you are representing more than one? >> that's correct. i represent all 5. >> just for clarity for this particular case, the dr request or will be allotted 15 minutes to respond and each will be provided with a 2 minute rebuttal.

>> thank you, gentleman. >> all right. good afternoon, i'm steve williams, i represent the dr requests. this represents two families that have lived on this block for years. i came to this case a few years ago after the parties had dug in an and established their positions. because i came in late i brought a new set of eyes and new perspective to the case. the neighbors in the project sponsors had never met together to discuss option or to negotiate the project in anyway and it at my request we had our very first meeting this tuesday with mark ferrel and his staff t assertion in the

project sponsors brief that there have not been any meetings of any kind are simply untrue. the neighbors requested plans more than a year-and-a-half ago at the mandatory preapplication hearing in september of 2011. they attended that meeting, checked the box and asked for plans and never got those. and continued to ask for plans and i have e-mails of them asking for plans and they were never provided. the project sponsors new from the beginning that any expansion on this lot would be a problem. even before they bought the house. they were given a letter signed by all the same neighbors who are now here saying, we oppose expansion on this particular lot. we believe that it would impact the historic resource and that was provided to them by the realtor who sold the house originally and also have

copies of that if you want to see it. so, they came into the situation knowing there would be opposition. the neighbors asking for plans, they didn't get any plans. the first update after the preapplication meeting that they got was a mailing of the 311 notice on christmas eve 2012. after the 311 notification went out, then a meeting was scheduled and that was held january 16, 2013, two-and-a-half weeks after that went out. there has been no dialogue, no give and take and no so-called concessions. any changes made were in response to staff question. this is an rh 1 d zone neighborhood. the houses are all single family houses with wide side yards, large rear yards, open space provided in nearly every lot.

every lot except the subject lot. the department has concluded that the subject house is a historic resource. it was built in 1951, had an addition put on in the rear in 1968. the building covers 100 percent of the lot. there is a glass structure along the southern property line which we've just determined is an original part of the structure and we have an examiner san francisco examiner newspaper article from the house from 1951 which shows that glass structure. i would also submit that. if you hook at the photographs that have been submitted, we submitted 2r 1 at our brief, you will note there

is massing along the structure of every single property line. if we go to the overhead this is from google maps. i will also submit a copy of that. you see massing which covering the entire lot. i will submit this as well. this is the 3d study. the lot, the extremely large lot completely covered by structures presents an unusual circumstances that the department has struggled with in measuring the rear yard. the

subject building is as -- illustrated on march 2, has no yard. the 2 story building takes up the whole lot. this is the last building built on the block. so the staff analysis doesn't discuss how the rear yard was established. i had to go to the department and obtain a separate plan that shows the rear yard and i have submitted that as exhibit 5. that was wrapped around the plans, a separate measurement and that's a straight triangular measurement from section 130 d. for the triangle of the lot. and when you use that

particular rear yard measurement, this is what you end up with. this is our exit 7. you end up with all the other yards on the block with a rear yard except for the subject. the purpose of the minimum rear yard is twofold. to keep 25 percent of the lot as open space. not only for the benefit of the subject building but for the benefit of those surrounding. we talk about the open space in almost every case. the second purpose of the minimum rear yard is the open space at the rear of the lot. that 25 percent needs to be at the rear of the lot. in this particular case, the rear lot

as measured by the department is covered by structure. the goal of measuring the rear yard or determining where the minimum of the rear yard to be to find the method to measure that rear yard that most closely aligns with the code. it offers an alternative method to the rear yard which we are urging the commission to consider. i have reprinted in its entirety along with the sketch that an accompanied it the interpretation of section 130 in your brief at page 5. section 130, technically does not apply to the subject lot because it's not a triangle.

the in equity that results is not a triangle. article 7. if this were a true triangle, that type of rear yard would make sense. then you would have 5 -- 25 percent of the rear yard. but because of the curve line on --el camino and del mar. that could never be parallel to the front of the lot. as a technical matter, this section doesn't really apply and the way the rear yard is calculated is discretionary. and it's discretionary the department

should apply the rear yard calculation in the way that best fulfills the policy code and the residential design guidelines. a two story structure completely occupying a rear yard cannot comply with residential design guidelines. that's what we have in this instance. we have a 2 story garage structure that is going to be expanded which violates this policy. so that the non-compliant uses expands to occupy more of the lot at different levels is an interpretation which i think flies in the face of discretionary measurement of the rear yard and if you look at the second page of our exhibit, 8, if you imply the interpretation you have 2 different ways you can configure this rear yard so that the goals of requiring some open space on this lot are met. and that rear yard can go

down to the south side or the east side and that's what happened in the dawn view case which i provided an example of and that's how i came one this configuration. in equity and fairness and application of the code to get to the 25 percent requirement, we urge you to consider applying this or at least finding out why this wasn't applied in a manner which would create a more reasonable rear yard and a rear yard that is not completely build out. there is open space along here that could be captured and held in place on this particular lot. with that i will turn to the architect joe butler who will talk about the sequel findings. >> good afternoon, i name is joe butler. i'm an architect with an experience and

education to make evaluation of historic resources as defined by sequel. i would like to say today that project staff and sponsor have been in negotiations to change and qualify this process as exempt at categorically from this review. but this points to nature in sight and on going. the requirement to proposals additional mid century ranch style home is still parent. when the house was built, the examiner recovered it. norman miles myers was living in the city. the chronicle also covered it in october of 1951. there was a great quote from myers. he said we built paper models to make sure every room

had a view of the ocean. we also believe that the property is significant both for it's architecture and for it's association with milton myers. milton was a developer and developed parts of the sea cliff according to his granddaughter with whom we spoke with. myers worked at sutter street in 1951 1 the house was built. he fulfilled many positions including san francisco planning commissioner in the 1940s. they were experienced builders and also developed homes in the 20s. milton was known for developing the sea cliff neighborhood. the myers also gave warn steven

his house during the war. milton myers and company still owned the international hotel in san francisco manila town when it took over this place. this was a perfect design for this left over site for it's panoramic view because it was the last to be developed. the site rises from the street. there is nothing in fronted of it other than the pacific ocean and the view. it was also a great design it's discretion to the response to all the neighbors and sitting to an already established neighborhood. it was a daring and # moderate design. the

living level is so much higher than the street. this house is above the street at a circular bend and looks at it's neighbors down the row. beyond the end of the continent and back into an interior court. the house acts as a filter and presenter of both these world of the outer one. due to it's associations with the ranch house rare in san francisco deserves protection. in our opinion to add to this 1958 second story addition that was made to the house will have a significant adverse effect on the ranch style house. the expansion of an afterthought in addition to the house made

later will have an adverse effect on its integrity. thank you very much. >> speaker is in favor of the dr. in support of the dr. >> my name is jessie ma. i live at --el camino del mar with my wife. we have school aged children living in the house. our house is adjacent to this subject property. and i'm one of the 5 neighbors who has

requested dr. as you heard, this property is a ranch style home designed by a famous architect and recognized as a historic resource. the house has a very large courtyard. the garage is built on what it should be a rear yard setback and second story. later on a 3rd room was added on the top. this project expansion of the second story bathroom and if

you look at this, this expansion, not only goes further, it's also wider than existing second story bedroom and it's also taller. because of the -- to make things worse, also, an upper floor is proposed to build an upper floor deck as a second structure. it is my opinion, this expansion is going to

negatively impact the historic resource and the whole neighborhood. also the second issue i have is privacy. this design has a lot of glass and the staircase is covered with glass. and the extension of the non-conforming second floor structure, that is looking directly into our living room. i have one more thing. >> unfortunately your time is up. >> thank you. >> any other speakers in favor of the dr? good afternoon,

planning commissioners. i'm here to object to the proposal put forward. my name is joe peta. i live at 109, # 28th avenue. across an easy meant which we share with them. the other properties on the it sits on our border and would make this border more imposing. we feel the squeeze. this addition will also material the impact

of sunlight on our home. every evening my family sits down to dinner with our children in our kitchen. when this expansion is built those dinners will not be eaten in sunlight but with a shadow. that is exactly the sun that comes through our window and then through that same window is a picture of sunlight and that gap you can see the non-conforming structure that is there as it is, that will be expanded and cover that gap. i cannot understand that someone is quoting that it will not affect sunlight to our house. our shared easement is a community of it's own with a feeling of the neighborhood in the city. our neighbors reach out to each other in times of troubles and rejoice in favored news. when i came back from the

middle east, neighbors flew out of their doors in positive response to welcome me. we have all hoped for a mutually agreed solution. yet when reached out we have been met with a blank wall. i get it this house is unique and there are challenges to transform the rooms into a more doable space. the applicants have set aside the requirements. the neighborhood have been pushed aside and ignored. that's now how we have done thing s wi