double check that for sure. 6 feet i hear >> and what's the maximum it can be extended under the code. >> that's a planning department code it's probably at max. >> okay. i have a question i don't know which of you could answer the question. actually do you want an answer to your question first >> i don't know. >> it could go to either. whoever can answer. with respect to i think the word used by the permit holder is the facade or any type of planting or construction. what would be permitted to create some type of blockage. i've seen it in different forms

but i don't know is there any suggestions of creating some level of privacy >> from a building code of view any material could be used. trellis is okay >> and height also; right? >> okay. >> thank you. >> i address well, can you ask your question again. >> so it's been extend 6 feet longer than it used to be what's itself limit and the exiting company is rh one s that has a rear yard for 25 percent for this project is 28 feet so right now they're providing approximately 45 feet of rear yard so their 20 plus feet of

buildable envelope to this site. they're not close to the rear yard line which wasn't an issue >> would you find it code compliant. >> yes. >> so it could go out 20 more feet that deck. >> technically the building that far would bring it in some but for a deck especially a lower deck from the point of patios you get it to code compliant. >> one more question - >> i was going to address our other question of planting material. we don't regulate that in the planning code. as you said there are different 30r789s all over the area whether it's bamboo or a trellis

with viendz or trees as an - again, you can have a rear yard property fence up to 10 feet high without notification or permit >> okay. thanks. >> any public comment please step forward. you have to step up to the microphone >> they seem like very, very capable with each other and it's extremely important that invasion of privacy and councilmembers should not be an issue. they should work together and even if they got permission to build it would have an adverse

effect. they want to and should work together without that we'll have a detrimental effect open our community and neighborhood >> would you care to state our name, ma'am. >> i'm desiree. >> any any public comment? seeing none, we have rebuttal. you have 3 minutes >> okay. they made a note they were saying in their response back if you look on the very first page you'll see we like the idea of extending the living space into the outdoors well, a deck is not a living space.

so underneath you can build it up under there you can create a room. i feel like this is what's going to happen so he can get more rental things like that. i'm concerned about that. like i say i don't mind it. i don't mind them doing - having their deck and stuff but i don't want it sitting up in the air in my yard. and i do - when we first talked about the deck being built i mentioned to miles do you have a permit. he came and said no do you want me to get a permit and i said, "yes you should. well, i said they didn't let

someone build it like that he said, yes they will and i said go get the permit. he did suggest that well, because i mentioned the privacy & and he mentioned the bam both and i said well, so you're not looking my kids. we come out in the yard and use it all day. just to have young people out there they like to hang out they're not like a family and i would use the deck here and there. i'm okay with them hanging out but i don't want to see it. that's taking away our total privacy so i asked you to come out and look for yourself.

you can't get the facts until you see this thing coming up. okay. and and then he mentioned everybody has been nice. they get along with my children but everybody is so nice we're trying to get them to put up became but but now, it's like oh, well this is what we're going to do. we've been there thirty years you don't want to start problems with the neighbors. i can go out and get the neighbors >> your time is up. >> i didn't have enough time but the neighbors would be happy to sign.

>> thank you. thank you. you have 3 minutes, sir >> thank you. so first off just in the response to her response to the letter i mean, my verbal agreement with her still stands. no matter what i am putting up bamboo it's not my idea to invade her safety or her children's. i mean in the letter i guess it was my fault that it wasn't mentioned but that's definitely that's where we want to meet chld halfway. in the letter we just stuck to facts in the letter. all we were doing it was our, you know, our rebuttal to an appeal letter she wrote to us.

i mean, i couldn't run through the letter and find it but i believe she didn't make any mention of me offering but. i'd like everybody to know that's a great option especially for myself somebody who enables the environment and being respectful to the neighbors. i know that the conversation i had with ms. louis gave the fact i didn't want to and she can - i said we don't want to impede on any of your business and the children so i hope we can move on >> i have a question. i'm trying to understand why does the deck have to be so high maybe is there a reason it can't

be designed to be lower. you reason we want it higher is flush with the main floor >> what's below? what's below the ground is concrete >> what's the structure it's your house what's on the ground level from the picture. >> there's a first level that right there in the back is the garage. so it's the garage level. i don't know the proper term to say that >> okay. i don't know if that's possible but what about a taller fence what about paying for 0 taller finance. >> this is where it doesn't get invites due to the faculties

primarily her business if they need that level of privacy i feel they should provide the structure we can meet her halfway the fence sounds great but it's far more expensive especially even e then the businessman but and myself willing to get the bam but and a take care of it. >> just throwing it out there is an option. >> if so they as a business should build it. i want to throw out there below the deck for the record it's not the actual living space it's more extending where we can live our lives >> i had a question the deck is under 5 feet. is the space below the deck is

it carved out like someone over 5 feet tall could stand up >> i would say it's pretty close to standing. yeah, i'm looking at an older picture of the original deck from a distance. >> ask for the overhead. right there i could definitely stand i'm about 6 foot one and there's definitely standing room there in no way is that utilized as a living space >> all right. all right. . >> that's not going to happen. >> i have nothing further. >> anything further from the

department. >> i actually have one quick question. i don't know which of you will address that. if for any reason it was suggested the enclosure under the deck what is the prospective >> if they were to actually create an encompassed habit all space that would trigger the neighborhood permit review regardless if it was beneath the deck or no deck at all. >> okay. thank you. okay. any comments? if no one does he have a motion. i'd like to grant the appeal and

uphold the permit on the condition that the permit holder provide the businessman but plantings to provide some shielding and that would be my motion. i don't know how specific i need to be >> specific is good. >> i want it to run the length of the deck. >> yes. on the appellant side of the property. that i'm not sure what the height is there any limits from planning or dbi >> is this to be attached to the deck. >> not necessarily as decided by the permit holder. i don't know all the specification of the layout but the planting to go high enough >> but not attached to the deck sort of that thing. >> it's up to you if i want it

to be attached. >> all right. commissioners, i think it would be better if we were attached to the railing of the deck from a building point of view. >> thank you for that and height wise. >> 6 feet from the walking surface of the deck. >> okay. >> it's high enough for more people. >> the suggestions from inspector duffey i'll agree. >> and bamboo is quickly growing. >> and planter boxes to be included along the appellants property; is that right. >> yeah. i'd like to hear from the permit holder if you're understanding what it is i'm doing i want to make sure your

understanding. yes, please >> the planning department is this growing bamboo or a businessman both type screen. >> planets. >> i'm sorry i've seen those bamboo skroenz like a fence. >> but i thought you wanted to planters attached. >> only along the fence line. >> i didn't hear the word mraerpts i'm sorry. i wanted you to understand what it is i'm trying to propose through a motion >> i do. i guess my question what we're going for if you don't mind putting up. if you look at right here the

actual plant. so we would want to plant bamboo so it's able to go over the whole fence or put it in planters on the deck and of course, >> planters on the decks. >> excellent. is this going to be me to change the planned >> yes. >> the planting is not on the did he know we'll put the language in the dbi plans and they'll see it at the completion of the deck. >> the planter boxes are on the deck and you have water sitting on the surface so having planter on the ground surface is better. >> so that's why i want to

plant the bam both. there's about 2 and a half feet of ground and i'd like to use that area right there it will grow faster >> here's where i go i see the appellant nodding her head. i think notwithstanding you had to get here today and some bad feelings are here i think it the opportunity to sit down with the appellant and work this out >> i hope to come out with something today. >> we have other matters to hear so i'd like to get this done. >> she agrees with the bam both i guess.

>> yes. >> the communication is. >> let's do this. i would like you - i'd like to 13u7bd this put your pictures down and a tell me what you agree to are i'm going to go with a motion it sound like imperative. if we could roll on. so we're going to hold item 9 in awe abstinence and continue on with item 10 with the property protesting the issuance of november '89 to 6720 to fulton street of an allocation dry rot replacement new water roofing and new paint exterior and this is on the hearing tonight we can

start with the appellant. please step forward >> okay. you have 7 minutes. >> president and members of the board. i'm anthony we currently occupy an apartment i'm with 7 other tenants. we appeal the permit application a f 89 not to have the landlord tenant for financial gain. coming from app a construction background i'm also more than any tenant that are fully aware of the construction project. however, i believe that the tenant who occupy apartment buildings should be notified in advance of any construction

changes. so the appeal we want to appeal is removal of the misconduct could and new painting. this goes on on to add the roof replacement. i understand >> could you speak a little bit louder please. sorry. >> i understand the owner nodes to protect the investment, however, it shouldn't be doing it at the expense of the tenants. i didn't move into the building until the first of april and the work was not discovered until after i moved in days before i occupied the building. 23u6r78 when i wrote a letter on

a august 25th regarding another permit that i had sign on the building departments website it was given egyptian to me the exterior project plans. this is showing that the management is not honest with the tenants. empowery demolition was undertaken removing 1 hundred and 50 foot of misconduct could and the removal of the breezeway it was done without a permit. i complained but the permit was approved over the creditor the next day. there was dry rot and why didn't they apply then why did it take

a complaint for it to be closes. the main concerns for the issue issue of this is asbestos and we received a study saying there was no awe that he is. the study goes on to show it was resumed that the building material contained asbestos and it was backed up. that concerns we were provided with another lead sample and the misconduct could contained high levels of lead and the construction workers had to wear

masks to protect themselves. with the cold weather approaching we often - construction the protrudes is typical and measurement we want to know how our health issues will be addressed. we want a healthy environment and we understand that construction is necessary but we should be given opts on projects like this. and they claim there's no violations and san francisco building code is a set of rules to cope the minimum level of -

the general welfare as it relates to construction in the occupancy of tenants. i ask you deny this appeal. i'll lit andreas speak how this effects >> my name is i want to say we signed the lease lease for this apartment because we liked it, it's quiet and we have peace in there. me being a graphic designer i work from home and having this construction done it will disrupt mississippi my concentration. i hope i don't have to live through this it will effect my work and that's it.

>> thank you. thank you, mr. silverman >> good afternoon president and commissioners on permit of permit he holder. at the outset i'd like to note that the briefs submitted by the appellant didn't raise many building code issues no permitting issues. you know, there was a permit process for this repair work primarily misconduct could work. it went through all the normal processes and i'm not clear on what we're doing here.

this is a skouk believe and all buildings that have stucco require repair and it's all stucco work. it wasn't presented accurately. a what happened was mr. burns signed the lease and after he signed the lease the contract was signed with the roofer and the roofer went in and started to replace the work and noticed portions of the steno needed to

be replaced. if it didn't happen in the order that was talked about. a notice was given to all the taints in august or september before the work started. there was in particular a notice signed by the tenant in unit one before she moved in. and so there was good communication with the tenants. i don't really think that's an issue. you know, a lot of times when you do maintenance work you discover issues as you go along anyone whose done renovation knows that. it turns out to be limited they

start out with a simple replacement roof and the roofer discovered the stucco some rotted stucco and that led him to explore and eventually the property owner went down to dbi to file a permit to do a good job. it's first and last for the protection of the tenants the tenants want a good water leak believe. the windows are being replaced to upgrade them this is done for the bin of the tenants that were it's ironic to have the tenants bring this appeal.

in terms of safety and that sort of thing. i submit the asbestos report those areas of work are regulated by dbi. they have requirements for how led and asbestos are handled. they required special contractors to handle it. the owner is a professional management company. they own a number of property buildings and their xirnd in the work. they're not a mom and pop operation. they have standard safety codes on all their work. there's no safety issue for the