that had evidenced and the notice of special restrictions and that is not void. it could have been discovered. it unfortunate that it wasn't discovered, but i do believe it was discoverable. and for those reasons i would also vote to uphold the zoning administrator and i would like to say that i had information about the mls listing and it was relevant. >> i concur. >> i would echo the comments of my fellow commissioners and i have nothing different to add. >> i will move to deny the

appeal and uphold the zoning. >> is that based on no error or abuse of discretion? >> that's correct. >> we have a motion from commissioner fong to uphold this letter of determination on the basis that the zoning administrator did not error or abuse his discretion. on that motion president haung; thank you, the vote is 5-0. this is a rehearing. so no other rehearings are allowed into the boards rules and an order of decision order shall be released tomorrow. >> commissioners i would call items 7 a and 7 b. sf sf sf b

of the rear yard variance and off street parking pad located on the open area of the subject property which qualifies as the required rear yard. both parties are standing up so it looks like some settlement has been reached. >> yes. planning department. scott sanchez. we have gone over revisions of plans and those revision add a parking

space and subsequent to the board and they have also added in a storage for trash cans that would be in the crawl space area and accessed from the driveway and they have been clarified to show there is a minimum of seven foot clearance of where these cars would go under the existing deck. had this proposal been presented at the time last year i would have been inclined the grant the variance. i know it's now before the board of appeals. i just wanted to share my thoughts with the current provision as opposed and it would be inclined to over turn the denials based on the plans plans but the most recent revision was dated the 15th.

>> may 15? >> what took so long. if this took -- >> my apologies to the board. there were some issues raised by the planner at the time. the owner went to someone he felt had a certain expertise in dealing with these issues. i was uninvolved with the project. there was a hearing held. i think we were here once to reiterate this that the owner was in ireland dealing with a tragedy at the time. i had just gotten a letter. we had no idea that this was going on. so since then we've been trying to work with the planning department to bring a project that is acceptable to them. as a last hearing what it came down to was a one car parking for a one off street

parking. scott felt it was not acceptable and after the last hearing we asked for a continuances and we did a study on it seeing it was possible and what we proposed today is a two car solution. the lot is wide. we feel fairly straight forward to get two cars into that. thank you. >> okay. thanks. >> i do have plans. i have larger plans. mr. sanchez asked me to load those up. i brought them with me if anyone needs so thooe -- see them. >> okay. thank you. is there any additional public comment? seeing none, public comment is closed. >> commissioners, the matter is yours. just based on the briefing materials and of course always pending oral testimony, i

wasn't originally convinced, however if there is a compromise that's been accepted with the department then i'm willing to go with them. >> i agree with you to have one substandard park. since they have come to an agreement that there is two parking spots and it's not substandard, i don't have a problem with it. >> okay. we have a motion? >> the da knows that i'm not enamored with most of his motions. i move to overall the zoning administrators, it's not a determining. >> it's the denial of a permit. they are two different denials here. >> okay. so we need to address

both the za denial and the building department denial. >> you will need findings for both. >> it could be on the basis of may 15th revised drawings. >> i will make it simpler. based upon the may 15th documents and the provision of two parking spaces versus the one that was originally, we found that resolves the situation. >> so we have a motion from commissioner fong to grant both appeals, over rule both denials

and issue the permit with documents state may 15, 2013. they have stamped may 16 for the record. you find the provision of two parking spaces resolves the concerns. okay. so with that finding for both cases that the provision of two parking spaces resolves the concerns. on that motion to overall issue the permit grant the variance with those revised plans and findings, president wong, commissioner hurtado, lazarus, honda. thank you. the vote is 5-0. both denials are over ruled. thank you. so we will now call item

no. 8. building inspection with planning department approval. the property is at 865 offel camino del mar. the permit to alter a building. demolition of existing sooner or sooner -- thank you. i'm here today with tim who are both available to answer any questions or provide comments should you have any concerns. this property has had a long history of disputes. to give you some context, original owner of the subject property faced opposition from the neighborhood given the small lot size. when the lot was

subdivided in 1961. it consisted of building restrictions to address the concerns of all interested parties. at which time the house was constructed to a maximum configuration.ionly more than 50 years later the project sponsor we believe is seeking to intensify the structure beyond the scope of what is permitted by the code and what was previously agreed to in the settlement agreement. this is the property owners attempts to build small lots beyond what is permitted for code and when it's pressed against physical constraints and they knowingly intend to span the building when it's not characteristics with the neighborhood. is undisputed that the project sponsor was well aware of these building constraints when they purchased this property in 2006 as the

agreement was recorded on the property and i quote the parties especially understand that this agreement shall bind and also be for the benefit of the air successors. this agreement was recorded on the deed. clearly the sponsor new what they were getting in to when they purchased the property. i wanted to raise this equity issue that the project sponsor was aware of the building constraints. so this leads me to my next point. the there appears to be two discrepancies in terms of the height and we believe that the project as proposed as exceed the 35 height limit. i went

through the numbers. if you add up the various floor levels you will see the total height is 8 feet and 2 inches. this is also consistent with the 1962 plan that architect joseph compiled which also has the same measurements and concludes that it is around 38 feet at the height. going back to the 2012 plan, the last page of the sight permit does not include the variance floor level calculation however it determines the height is 35 feet. this is confirmed in the

311 noticed in 2007. the notice indicates that the building height is 35 feet. i'm sorry, 38 feet. unfortunately there is no pit. so in 2012, the number has been reduce today 35 feet. there is a host of discrepancy. we would like clarification from the zoning administrator to clarify how they calculated the height. >> thank you, members of the board. my name is sam kwaung, architect and retained by the pell appoint appellant to review the case. >> before you continue, i need you to disclose quite a long time ago i had a financial relationship with mr. kwoung. i

was his employer for his first job. that was a long time. >> i haven't spoken to you about this case at all. >> the respondent said that the owner, the appellant has never looked at the files of the case which is not true because i was representing her and i did go to the planning department and research the history of the docket and found a lot of discrepancy. first thing that is missing in the final set of drawings is a survey plan which was included in your submittal. a survey was part of the original submittal by a previous architect and subsequently the survey is removed from the final set. so it's like asking you the size of this room without giving you any tape measure to figure out

how big it is. so i was able to get a hold of the copy of the survey and i did some analysis and the first mistake i find is that the point they picked as a start point for measuring the building height is inaccurate. this is very unusual. the front of the side is an angle. so the code mentioned that the start point should be at the center of the building at the rear of the curb at the property line. which is what i have figured out but it's not what is shown on the plan. also because of the sight is slope, there is an average grade that has to be done. so you take the front and

back of the lot. you divide by distance and the height difference and you get the grade for the east and west side and determine the average which is a center of the lot, that's the average grade of the building. so. the second mistake is that they did not use the center of the line of the lot to establish the height. so. because of these inconsistencies, the final thing i did find, is the drawing on the sheet 3.3 is not drawn to scale. i over laid a drawing of a section from another sheet and laid over the drawing that they showed on 3.3. what you see in red what they show and what you are supposed to see is in black. i

think the department should go back and review this case. >> before you sit down, help me with the top sheet that you over laid on the top of the bottom. tell me what's what? >> the first sheet? >> the over lay. >> she's talking about the section. >> that one. yeah. >> this is a copy of sheet 3.3 from the applicant's set of plans and what i did is i over laid a transparent film which i traced off of another sheet 2.3 which has the section and with section dimension. so basically if these drawings are to sale, both of these drawings should match. so sheet 3.3 is drawn shorter than what it's supposed to be. there is a big

discrepancy here. >> in the 3.3 drawing that is part of the application, are the measurements reflected in the manner that the over lay document describes? even if they don't lineup are the actual measurements accurate? >> what the red lines are what they show in the drawing and the dark line is what it should be. >> does the dimension reflect the difference versus just a graphic? >> no. the graph is drawn incorrectly. >> did you check the dimensions. the dimensions are

a difference. >> they don't show the dimensions. when you look at the both, this section and the other section, they claim is the same building. >> here is my question in terms of the representation to the city through the drawings, i'm curious about the over lay, the numbers that the dimension say you've got at the top line 15.14. what are those numbers? >> these are the numbers. the 18564 is a survey number taken from the survey of the garage level and then the subsequent levels are the dimensions both from the original metrics drawing and the applicants drawing what the height should be. so these are to of the correct scale of what it should be. so the red line is what they have drawn and the dark

line of the setback and the height limit which is dash in black is what i have figured it should be where it should be, but the line that they showed is in red which claims that the building is under the height limit. there is a discrepancy. >> okay. so the original, the one that you have on top of the below, the below document is the document that was submitted with the plans. neither of the over lay nor the submittal actually have measurements reflected on them, is that correct? >> i have inserted these. >> and the drawing and the scale used for the purpose of this drawing, i under your argument. i'm trying to understand everything else that is going on to see if there is any place where the discrepancy

can be reconciled. let me ask the question. is the scale that was used for purposes of the drawing that you have on top the same one used. is there a scale that is presented on a larger sheet. >> perhaps this might explain better. i traced this off of 2.3. i traced this from 3.3 and you over lay it, they don't lineup. >> it doesn't matter to me unless the identical scale is used. >> yes. they are drawn to the correct -- they claim to the correct scale. >> is that correct. >> yes. >> i have a question about the settlement agreement you referred to. as i understand

your argument that you are saying that the 1962, it's actually 1961 settlement agreement should influence the equities here in some sense but i don't see any reference to anything regarding height in that agreement. is there anything? >> no, that dealt with more horizontal additions. >> so there is nothing about height. why is it relevant to what we are talking about here. ? >> that was agreed to in 1961. >> you are objecting horizontally and vertically to the expansion? >> right. >> yes. >> thank you. >> we can hear from the permit holder now.

>> moebs -- members of the commission i'm miss barclay representing the owners. let me go to the agreement. the agreement said that they can not be any set a front setback of 15 feet on 32nd street. that is maintained under this proposal. there is no prohibition to increase the height of the building. there is no expansion horizontally. that is incorrect when they say there is a violation. in fact that would allow us to have bay windows and decks. all of

those were removed. what is now the building that is virtually i content cal that was viewed buy the planning commission twice and this is the second time by the board. the difference is we removed all the bay windows fronting on 32nd street. the the expansion and that building snvl identical to what it was before. let me go a little bit into the height and i will let the planning department respond. height was an important issue in the last round in 2010 and because of that, the plan of -- as well as

the zoning administrator, larry bat ner went through the height calculation with a fine tooth comb dividing up the site into different sets. they mention that they are talking about certain poets of reference that they used and i'm not sure whether they said that they used the center line. all i know is this particular roupd he sat down with the architect and he did what he was told to do. so i'm going to let

planning, this happens to be a corner lot. in the planning code you can measure height on either street. 32nd street slope up further if you look at the elevation and so you have actually a much higher start point if you look at basically about where the existing front door on 32nd street. if we actually move and recalculate the height using 32nd street, that would be higher than what is calculated using el camino. this doesn't use the height limit not with standing from

the architect. since they didn't touch on any other items, i have something there toss an extensive brief that explains all the point unless you have questions. >> thank you. >> thank you, mr. sanchez? >> thank you. scott sanchez with the planning department. as it's been note this property has history. i think it where commissioner fung first had the code of a pound in an eight pound bag. when he said that, i remember. >> i increased it to 50. >> it's a bigger amount. that's been removed and been

noted. some of the other briefly touched on some of the variety of issues raised in the appellants brief with regard to far and potential legal issues to the property and it doesn't apply to resident animal our age district and it not an issue. i have investigated the property and the allegation used and the last report hearing and met with the person who was working out of the house as an assistant to the owners of the property and found that it was consistent with what we would allow under the planning code. i think one issue that has been raised here which has measure -- merit and nooets need to be received is the height issue. the potential inconsistency in the plan and where they are taking this

section from. it shown in different places on the plans depending if they are doing the existing section versus the proposed section. there need to be some clarity there. certainly taking it from the plans they are talking about the center line from the building. i would dispute the height is based on the center line of the property. you take the center line of the building and take the ground point elevation and you take the center line of the building and that's how you would calculate the height. that said and noted by the permit holder this is a corner lot and 2012 allows the project sponsor to designate on a corner lot which frontage

they take. measuring on 32nd avenue would result in a compliant code so it's a calculation and some clarity. i apologize for not having reviewed this matter. that's why i did not submit a brief on this matter. i apologize for what maybe a waste of the boards time. luckily it not a late calendar as we have experienced. i think we can work with the project sponsor and review the plans and take another look to make sure we have the height calculated correctly. and the alternate frontage they can use. the code is a little bit off od in this way. you can have the rear yard in a different location from where