>> all right. good evening and welcome to the wednesday, january 8, 2014, of the san francisco board of appeals the president hwang is joined by observer department east lazarus and commissioner hurtado. to my left is deputy city

attorney rovsht ryan. and at the controls is the board legal have an opportunity. synget. we're joined by represents that have matter before the board and scott sanchez represents the planning commission. we're joined by others representing the department of public works and we expect to see the senior building inspector here. at this time please conduct the swearing in process >> the board requests i turn off all electronic devises the boards rules patents and department representatives each has 7 minutes to present their cases and 3 minutes for rublts.

0 people must conclude their comments within the 3 minutes period per everyone has you up to 3 minutes >> to assist the board in the accurate he preparation of minutes you public is asked but not required to submit a business card or other information. the board welcomes our comments and questions there are satisfaction forms on the left side of the presumed. if i need board rules or schedules please call the board office tomorrow morning pr the board of appeals office is on mission street. this meeting is broadcast live on sfgovtv cable channel 78 and

cds are available for purchase. thank you for your attendance. at this time we'll conduct our swearing in process. if you wish to have the board give our testimony please stand and raised our right hand and say i do. please note that any member of the public my speak without giving this oath. thank you >> do you policemen swear or awe finish my question the testimony you're both to give will be the whole truth and nothing but the truth. thank you >> thank you. i'm calling item one which is general any public comment? for any member of public that wishes to speak on any item non-not open the general

calendar >> next st. is commissioners comments or questions. >> glad to see mr. 0 sanchez back. i'm going to shout out to corey who did a wonderful job >> the next is the board minutes of december 13th. >> any questions or comments. >> i move to adapt the minutes. >> any public comment on the minutes? seeing none, please call the roll >> on that motion from the president to adapt the december 18, 2013, minutes on that motion commissioner fung. commissioner hurtado. commissioner lazarus. the vote is 5 to zero those minutes are adapted >> call item 4 next.

michael schaffer vs. the planning department and the subject property is on cannon street to chris cob to repair and replace existing stairway and for the egress to provide new supports and imply with noticed of violation. commissioners you recall the parties asked for a continuance and the revised plans were needed. the patent has been here perhaps you've had more luck in reaching the permit holder >> i vanltd. i'm michael shaving by the way. at this time we have no news from mr. cob providing the plans i requested the plans but have

not heard back from him and i will add we reached an inform agreement we'll actually pull our appeal and i wanted to hear back but everyone disappeared during the holidays. i spoke with many cob on monday he was going to discuss with his contractor and get back to us >> is it your view its detailed because of the holidays will you continue this. >> i'll think fine delaying this and hopefully, i'll get in touch with him. >> okay. so commissioners perhaps continuing it to the end of the month. >> the 29.

>> i'm going to be out the country then. >> how about february 5th. >> i'll be back then. >> great. thank you very much. >> thank you. can we do any public comment? and any any public comment on this item. commissioner any comment in the department >> i'm going to move to continue with respect to the form agreement till february 5th. >> on that motion from the president to delay this meeting. >> commissioner fung. commissioner lazarus. commissioner honda >> thank you. the matter it rescheduled to february 5th. >> thank you. thank you >> item number 5 the appellant

had requested an are interpretation is she here. can you sit with her so she can have the whole matter interpreted? thank you. so this is item 5 appeal 5 saline vs. the department and the property is on brussel street for october 24th to an altercation permit for the horizon two-story on the backyard with two bedrooms and one full bathroom and add a master bedroom and this is on for hearing today.

the first speaker is ms. toy if you want to step forward and present your case and a because of the interpret will you be interpreting >> yes. >> with that, we will double the time for the presentation so there's 7 minutes. >> i just learned that ms. toy is not under here she was a representative that will speak on here behave. >> will the person need even though interpretation services. >> yes. >> thank you. >> so, please speak into the

microphone. >> (speaking foreign language.) >> good evening. >> (speaking foreign language.) >> good evening. >> you have to share the microphone. >> sure we will. our house is on the site >> (speaking foreign language.) >> my home is very small and it is the smaller by at least from previous. >> (speaking foreign language.) >> if you allow them to build out 16 feet then they space would be 18 feet long-range than

ours. >> (speaking foreign language.) >> okay. if allowed the 21 feet it's to be built on then it will block the sunlight of the two rooms in my house. >> (speaking foreign language.) >> and it might create a problem of breathing air. >> (speaking foreign language.) >> and our house being such a

small one the proposed building will be overwhelming and it is going to be creating a lot of problems blocking our view >> (speaking foreign language.) >> now they we can joy the sunshine and fresh air, however, if that plan goes through we don't know what's going to happen. >> (speaking foreign language.) >> >> furthermore, the two-story building we've really exposed ourselves and it hinders

our privacy. >> (speaking foreign language.) >> ms. toy here is very timid and didn't like people who can watch over her so she'll be force to close the windows. >> (speaking foreign language.) >> and also needs to close the shade and bring in less sunlight. >> (speaking foreign language.) >> in our neighborhood where we, see the single-family

dwellings being small houses, however, the renovation proposed will have 8 rooms and that looks like a multiple building unit. >> (speaking foreign language.) >> well, you know, we are asking that may be one story renovation would be best we're not opposed to it. >> (speaking foreign language.) >> thank you. >> would you like to state your name for the record speaker. >> (speaking foreign language.) >> i'm patrick i represent madam toy.

>> thank you. thank you >> okay. we can hear from the permit holder or his agent. thanks >> good evening commissioner. the project manager for the gentleman since we started when we starred the project with mr. low we went there and took a long time the lighting and the open space and the neighborhood. we consider it then we come up >> can you stop for one minute.

>> it's important you translate this to the parties what's being said now. go ahead. you can continue thank you >> and after that we can get a basic plan and go to the planning department to get a review and consider with the independence and discuss the opinion and all of those things we have been concerned about. i have been there for 20 years i'm the first time to come to the dr because we have to do the review we take all the information and we mate a very good process. a that's my first comment here then i start the project.

and first of all, mr. lawson the mixed neighbor on the southeast side and the 25 third street and i have a picture we took in the morning. i can put it someplace >> overhead please are. >> this is the background this is the sunlight. in the morning the sun from the east side so there's the backyard faces the southeast you can see the light here from the back so you can see my finger

here let's see. so this is the part over here and the next door neighbor the sun is from the east side and the second is blocking by you their own. that's 10 o'clock in the morning you're not going to tell me this is not going to block the sin. the sun from the southeast side how can you tell me it is blocking the sunlight it didn't make sense for the morning. so in the evening this is the northeast side no, the north

west side. so the front door faces the northwest side and the sun's on this side in front of the house and this is 3 blocks away i know the hill you can't even see the front door they still have the limited sunlight because of the building. so it didn't mean this is the last building block the sunlight in the front and even in the back. i'm sorry they're not from the neighbor themselves or the location of the house. of the view or whatever stuff like that. i don't think the sunlight to block the area for the sin light and the window. there's a window too.

that's the window from the morning blocked from here. so then is from the morning >> so there's sunlight you don't know i don't think you can make anything from that. another one is joined from that. okay. that's the plan in here we sold the sun basically this the the east side. the east side this is the backyard on the - this is the part right here per we didn't block anything from the sunlight here. in the evening and afternoon they come through here straight through here and not blocked from the jazz property.

the sun goes through here not like straight the sun goes here and blocks from the view of the other building. from follow the hue so that means we block the light in her. the second wall that the privacy. okay. the privacy before we do the - before the assist building the one floor that sits in the back. so you guys saw the picture it's

in the back and there's a slope down to the backyard because of the hue. they can say you know the privacy i'm not in the bottom it looks to the window of the top floor here i'm not looking at that. i'm not straight with the angle because i have to go here to look at your window so i don't think it bothers the privacy. then the stairway wall that's the part that we look into next door >> okay at the. >> okay. thank you. i have a question. the lowest portion of your building is that a crawl space

or a basement space? >> that's a crawl space it's really tiny and it is like the garden two room there because it's basically because of the hue this space here. >> i understand what our adding. there's no access to the crawl space >> just from the back from the yard no access there. thank you >> thank you. >> thank you. mr. sanchez >> it didn't show anything. >> good afternoon. the subject property is on brussel street

it's 25 feet whitehead that's typical of most properties on the block but shorter it's 88 feet deep. the appellants property is one hundred 25 feet deep. prior to 0 an application they're required to do a community outreach program. this was performed and there's no interest noted in the project at that time, it was submitted in april of 2013 and the notification was committed between august and november and there was no discretionary requests. the appellant has raised issues related to view which is not protected under the code but we look at the guidelines and minimizing impacts on adjacent properties.

the staff planner noted the extension is a notable extension and it also extends larger than boo larger slowing into the lot and the staff planner took this to the design team and this is our in-house design he team for guidelines. the staff planner noted they had a 6 foot photo side lot and it was adequate, however, they kwid requested a change at the rear of the building and they noticeably proposed a permit but they required a fire roof so this lowered the height of the building so this was an adjacent set back it was up to the department for the design

guidelines. the issues i share the permit he holders claims i think it will have a minimum overlook impact on the direct light. the subject property is located to the northwest of the appellants property and therefore given the addition wouldn't have a direct you light impact but on the rear yard during the afternoon hours but no impact during the morning hours. the view is not protected i noticed the materials that was submitted by the appellant it has a minimal impact on their view to the north. so looking at the photographs submitted by the appellant this building i'm sorry this building

here you notice an appendix here >> sorry. we got it >> so the building with the appendage here the building i believe from the plans and from the other photograph that she's the appendage here i mark that appendage here the appellants view corridor at least to the north has an minimal impact and this was something i was reviewing the case and it's not

protected under the planning code but i don't know if they've had the opportunity to discuss this with the permit holder but it's in code and it adequately protects the light if you have any questions, we'll be happy to answer them. thank you >> thank you, mr. duffey nothing. any public comment on this item >> i have a quick question on the impact of the yard is that our concern from planning. >> that's an excellent question. it definitely can be. in this case it's a quite large rear yard and in the district we have a 25 percent yard requirement this is the casting of the shadows on and there's a

larger rear yard so the impact to the use ability s is minimal >> that's i but that's taking into consideration if the shadows wouldn't impact the building but a larger percentage of the yard would be considered. >> definitely it could be considered by the residential design team if it is self officially entangled and never having light the design team would consider in planning the code. >> got it thank you. >> okay. any any public comment on this item? >> seeing none, then we give ritual to the parties so the parties have 3 minutes of ritual time. >> we have 10 neighbors all close to each other.

>> you want to put it on the overhead. >> yes. can you adjust the overhead to bring the picture out? >> thank you. >> that's great. thank you >> >> (speaking foreign language.) >> >> all the - >> turn into multiple