actual submission. by your stating our reason for not submitting that is because you were physically unable too? >> yes and i think we should have a continuance to be able to review your submission. that would be your >> unless the district attorney disagrees. >> so no disagreement? >> her landlord is a party to this appeal. >> i'm thomas. >> please step up to the microphone. >> i'm the attorney for the

landlord we submit the brief the facts in the brief are essentially our presentation there's new facts that arose here. >> would you have an objection to a continuance? >> no. >> so do we need public comment or anything like that? >> is there any public comment on this item with respect to the possible continuance? >> i'd like to make the motion to continue this matter to allow the commissioners an opportunity to review the written submission by the appellant. >> thank you. >> commissioner i wonder if you want to give the zoning commissioner leave to submit a

brief although he had an opportunity he may wish to in the future. >> and also the timing of the landlord submission is at the same time? >> at the same time of the va. >> so a response i would allow an opportunity for 0 o a submission. >> one thursday prior. >> and i would suggest may 22? i want to let you know to have a presentation that evening. that's a 15 minute item >> which presentation? >> on the soft story item. but it still would be a viable evening >> june 5th.

>> june 5th. is that okay with the parties? would that be acceptable? >> wednesday. and is it 5:00 p.m.? >> that is always the same as well. >> may i ask two questions? >> so one all of these contracts and factual documents are actually enough documents for the planning department to dismiss the case a? >> upon receipt of our submission if there's a different view of the zoning administrator then they'll advice us of that. >> my second question is that my neighborhoods has been harris me and say also a person in the

attempting murder of me is there a way to prevent her from harassings me. >> i would suggest you can request a zoning hearing. >> it means that i'm - >> oh, hi. >> the ability to request the va hearing has passed this was afford when at the time of february 5th at the time they could have appealed it but they appealed it tosto this board. >> so that opportunity has

passed. >> you can call us tomorrow. >> well assuming the motion passes. >> okay. i, have is a seat. >> so we have is a motion on the floor from the president to reschedule this matter to june 5th, 2013, the briefing schedule is restated and the property owner has a chance to present a response same thing as our northwest schedule. and on that motion (calling names) >> the vote is 4 to zero this matter is rescheduled to may 5th

with a new briefing schedule. >> i will call the next item appeal number 13 dash 003 greg hovlt man vs. the department. protesting the issuance of january 13th to jeff to erect a building a commercial residential believe with 3 thousand 4 hundred and 3 square feet of ground floor area. and we will cabin with the appellant. >> you have 7 minutes.

>> frankly i didn't plan to speak for 7 minutes. i sent everyone a letter i don't know if you folks read the letters i'm sure you get leave letters. we've been in a number of neighborhood meetings i have about 10 e-mails from today. i was in china too dies ago myself we're all tired of protesting this he development. there were a few outside an hour and a half they left. you have a couple of letters from us. i was a real estate developer a

few years ago. >> too. years here i think. >> i own a real estate company for what it's worth. i own a fruit pirate company now. so we're neighbors. we've tried to talk with the developer and his architect and we've tried to ask i am for one ail the documents talk about a one-story building it's actually a four story building. it was explained to me under the business code it's a retail floor so there is a 4 story building being built there although all the documentation says a 3 story building.

we want to make sure that the planning commission may have missed. we didn't think a lot of our points were heard. i tried to put them in the letter. there are four buildings on our street they'll lose their sunlight. we ask the building to more conform to the left there's a cafe i'm sure you're familiar with it. i develop a lot of development in this town. when i had a 40 foot height limit and you have retail at 10 to 11 square feet you have only

enough space for a 3 story building. so in our minds it sets a precedent for a four story building on our street which we don't like. ail we asked was to shave couple of feet off the top floor. there are parking areas that will be problems. the builder parks on that street and i told the neighbors i'd do the best i could to bring their case to this board. this building plus the 9 foot penalty buildings will be an eye soar but to the people inform

the immediate east of the building all of the sunlight will be off the backyards there. nobody really cares were we asked the planning department why there's no parking requirement here since there's a imply large building being built. we're have famous with the developer. he sorry to be - trying to be covering outline those issues there was a sub let scooter in town and they show the scooters there go up and down the street they pollutant your

neighborhood. the parking is obstructed by the van. so there's been a lot of contention between the neighbors and we were pope hoping for the developer not to push the height. put two units of residential they say they want to live there. every neighbor is against this project. there's no neighbor that's in favor of this project. the developer grew up in the city he brought friends from all over the city and said our neighborhood needed this project. we're all in the hope he will reconsider and build a 3 story building. lower the height by 3 feet or so and set a precedent by 3 feet

and maybe give a little bit more light back to the neighbors and call it a day. we've got a vertical who wants to put 2 penalty houses on top of the building and it really sticks out. i've lived there since 1985. i live around the corner. does that mean i'm done? you know, it doesn't conform to any building open the street the one side is there's a two-story building but even from the front of that it looks like two

stories. i built renaissance and this doesn't fit >> thank you. >> good evening on behalf of the project sponsor. we're excited to show you a project which is a unique opportunity to approve the operation of the surrounding sidewalks. i've been involved in the fisherman's wharf in the many

years. i want to start by first having the project sponsor come up here and give you some more information on this project >> again evening i'm jeff and this is my wife. we're the sponsors of the project. in 2008 i attended neighborhood meetings and planning commissioner hearings from a meeting. at both the neighborhood hearing i heard what the neighborhood concerns were. when lying my wife were able to purchase the property we deliberately included many of the neighbors concerns and issues when designing our project. we have had several meetings

with the neighbors. most of our neighbors like the chances. we've made several concessions and in order to be good neighbors and have a viable project. my wife and you are employees and we've worked very hard to grow our business over the last thirty years. we need this space to continue our growth. please uphold the planning commissions decision this is a great project that will comfortable the aesthetics to the neighborhood. i want to say we're not developers we're just a couple that have worked hard over the

last 31 years. we've raised our children here and we decided we wanted to move into the three neighborhood and continue our work. we really feel we've made an effort, you know, to make a good project and i truly believe that most neighbors are heap with it. thank you >> thank you commissioners. so i'd like to first emphasize the length they went into. the project was first started by a developer who want to have a 5 foot story building. jeff you listened to ail the public comment and when he

purchased the project he meet with the developers and wanted to know how to respond to the neighbors issues. they provided he'll parking eliminating the need for any curb cut and they've updated the design. they held a number of meetings with the neighbors and after those meetings they further reduced the bulk of the building they put the penthouse inside the building and they tried to provide a better fire proof ceiling and at one point be responsive to the neighborhood. they further reduced the bulk on the east side of the project to

better provided sunlight to the buildings in the area. i would like to do add a document to the record. it's a e-mail from jean who has the first building up on hide street. we want air and sunlight to reap their property. steve brought to our office this final approved plan and your improvements are greatly appreciated. so that's there. even though not all the neighbors have found this to those a good project it's not

the tall it or the most massive building open the street. while they've done their best to fit into the neighborhood it has a 10 to 12 foot ground floor ours is 11 feet. the back space will allow them to have their administrative operation. the bikes will now be transferred between the buildings and also endanger and recycling will be taken place removing it from the beach front sidewalk which is used heavy by tourists. the proximately will allow them

to grow their san francisco business. we urge the planning christmas approve that plan unanimously a year ago. i want to briefly say that the previous building code which was what this building was analyzed under we've got other documents that describe this in a positive way. >> do you want to accept that document into the record? >> can i ask you a question? i'd like to hear a little bit more of the impact on the properties the shadow and light. >> sure. >> maybe i missed it but did

you do a shadow test? >> so we didn't do a shadow study. and looking at this this is a one story 5 foot building for the foreseeable past. one of the exhibits we introduced with this is exhibit c shows you an outline of the hide streets = vocations. there's a number of things to reduce the impact of those heights. a rear yard is >> could you put it on the overhead so i can track what you're saying. >> i don't know if that's legible. >> what's the page number?

>> exhibit c. >> thank you. >> so there's a handful of aspects of the project that have been incorporated to reduce the impact. again, you see the rear yard it's adjacent to the rear yards of the third and fourth building on the street. you'll also see that in the middle kind of in the middle of the this it's adjacent to that office building one i am the stairs have been incorporated so what the building so there's a light well. and to the left - >> i'm having a hard time following the words with the picture. so if you could speak a little

bit more slowly and description like >> let's start with the rare of the property. the doted line is the line of the building so you'll see it's lair in the back that's a rear yard in the back and that's adjacent to the rare yard of the third and fourth building up on this street. their rear yard is butting up against this rear yard. okay. and moving down the hill,

if you will, you'll ins the middle of our building where the bulk kind of goes down a little bit that's adjacent to the office believe this is one up from the bonding vista cafe. what they've monopolized is a light well, to come down into their yard and the first notch to the left is the removal of the part of the building. and that is flult the property owners e-mail to us last week thanking us >> okay. thank you. >> thank you.

mr. sanchez >> thank you skovt from the planning department i'll be brief. the property at the 71 b street is located in the zoning district. this is a little bit unlike the other items specifically when we had a dr commission we had properties that are subject to the residential guidelines but this is a residential side it abuts to the nc zoning district and to the west is the c-2 zoning district continues on. so there is no notification required from the neighborhood of the project. we have cases from 2006 but the

planning zoning heard a declaration from another previous project and i believe at this point there was an denial from the board on that project. and the building permit that was - in 2010 the building permit was submitted and we reviewed the permit and held the mandatory discretionary review and the hearing commission approved the building permit application so we find it meets with the guidelines and find the design to be appropriate. i would note in terms of that have the 3 story to the 4 story building code issue i believe there is reference inform the

four story building. i'm available for any questions >> just one question. at the planning commission were there a lot of people opposing? >> yeah, this hearing was hid in the board of supervisors chambers and there were other items on the calendar that day but there were a lot of people for and against that project. i couldn't break it down for you >> do you know or think it's because of the outreach from the project sponsors? >> you will get people who are in opposition who later are in support pa maybe the case here.

>> all right. thank you. >> so we will take public comment. can i see a show of hands how many people are going to speak on this? >> there are family members here and close family members are not allowed to speak on this. >> i own a business in the neighborhood. i've been in the neighborhood for about 10 years i've known jeff and his wife for about 5. i wasn't for or against this project but i went to most of the hearings but i've been very impressed with they're out reach and their