sidewalk repair is going to depend on the contractor with you $100 per square foot is common so the amount of damage what dictate what that would cost. we would be combopg on the property owner for the expanding area it could be kept level with the granite which wouldn't require a lot of damage but it's the property owners responsibility and it would require renewal over the years >> it's a sizeable tree do you make any recommendations for the pruning. >> we would address that and that tend to deal with access

over the curb for vertigo traffic and access over the sidewalk. if there are no conflicts that the utility we won't request it but the property owner has flatten the responsibility in the past >> are there restrictions with a tree of that size would be 3r50u7bd other than maintaining the health. >> our ordinance requires the triz trees are 3r50u7b9d with the american standard pruning standards as well as the international society of our best practice management whichever it more protection. no more than 1/3rd of the canopy

can be removed >> okay. thank you. >> is there any public comment on this item okay. seeing none. mr. mcclellan we have 3 minutes of rebuttal for you >> thank you there was made reference to the fact there's a public benefit to 80 this tree. now there's public benefits to street trees and this is a mutual may be with lots of street trees there's no public beverages. there's heavy street traffic and the recommendation to jack hammer up the sidewalk. i'm not sure with the benefit is for the public good. the other thing is that, you know, over the last, you know,

40 years the amount of habitat done in that area is significant maybe because of the removal of a large industrial building with that open space. my own backyard is actually planted to support of the bird habitat in the neighborhood. i don't think the removal of the tree will effect the habitat it will be smaller in size. i'm again open to an alternative to this tree if the city has one they think would be more desirable and again, the house itself is in the historic guide books it starts to show you itself off. so as a property owner i'm

committed it safe the street tree. i have support from my neighbors. i have a desire to show off this one hundred and 50-year-old congressional and i want 80 a house that's warmer and drier. i respectfully request you overturn the bureaus objection. >> your between stockton and powell. >> no, no next block. >> new way. >> yeah. >> ms. short. >> carl short department of public works. given i was begin an opening i mean, i'll talk about the public good of street trees.

this tree contributes to the public doesn't. certainly evergreen trees anyway's that water is absorbed when the water overflows it goes into the bay. so street trees help mitigate storm water. in addition they clean the air through uptake of fine matter. they contribute to a better walking environment for pedestrians and they help calm traffic and slow the rate of traffic for vehicles as well. and they do provide habitat. it sounds like there's a lot of nearby haiti habitat. the public didn't get it access

that space and they can access the trees in the front. i think the trees contribute as many do to the public good generally and that's why we try to protect them. that's it >> do you know the location of the e-mailer the one you read. >> she was on 12 graph hill. >> how far is that person. >> certainly walking distance. >> okay. >> ms. short, you know, perhaps better in terms of commissioner discussion but, you know, there doesn't necessarily have to be a conflict between green practices for structures and urban forest goals. this cottage is kind of unique in that it's a small cottage and no garage.

what happens if at the 34r57b9 two trees >> oh, to offset the loss of this one tree? that's certainly a possible solution >> thank you. and the other question would be if it's not the beginning could tree who would be the recommended tree other than that >> just to be clear i'm recommending against the invention could tree it's a great tree. they're slow growing but over time will get large and exceed the existing tree. a >> my the current tree is a fast growing tree. >> if i could take a moment to confirm their might be room for the second tree it's not confirmed.

so we would need to double check because we didn't have the location of that property sewer line and we have guidelines for distances from existing sewer lines. we generally just basz basis that on what we see so we couldn't look at the sir, trap the water meter is 15 feet away from the existing tree so we could potentially locate another tree but we would have to verify that >> i understand and a in terms of other species i think going for the tree which is in interest of the property owner flowering cherry trees would be good but they live do property damage but they're a smaller

tree. >> i love the tree except for the tree. >> that would be or in mental cherry trees that don't drop the fruit. i would have to think of other trees that would match the considerations of the property owner >> commissioners matters. >> commissioner i'm thinking in line of the commissioner fung. i think this is a unique home and looking at the pictures the picture that was shown up from 1960 seeing that home would be attractive. i like trees but i've got the current tree in front of my business and it's fast growing

as fast as you prune it it goes back >> commissioner fung would you consider potentially continuing for a week to seeming seek an alternative. >> i would do that just to frame the discussion bear in mind that cross the street from this gentlemen are at least 3 story buildings. so in a winter timeframe the sun is relatively low as it across the southern hemisphere. it doesn't get a lot of sunlight on the face of this building but further on the top of the building. i think that the question of - well two two things ms. short

knows i can't stand that tree. i think they were inexpensive trees by people who didn't want to spend too much effort in our cities. there is some sense of resume. i'm not for the life of this is less than 15 years i'm guessing, you know. but if or perhaps longer. but if the appellant would like to consider putting in two trees i would consider that as a perhaps a reasonable compromise >> should we ask the appellant. can you come to the mike please. i'm not at all opted to it by i'm not sure it's going to work

well. my property is something like 35 feet long and immediately driveways to the adjacent properties. i don't know what the condition of the utilities in the street that has underground facilities. so i don't know how p that works and i don't know if two trees in that short piece of property can create more have a problem as they grow together >> i'm sorry to interrupt you are have two flowering cherries and they're doing well. >> how old are he. >> 11 years i planted the

forestry. >> you know a big tree is not as much concern as a tree had that is thick. and trimming that 20 to thirty percent you can't open it up >> but do i understand what we're considering the removal of the tree that you're willing considering putting two trees. >> i'm willing if it fits i don't have any objection. >> before you sit down. when did you occur the property >> it was owned by my cousin i've had it about since 2006. >> 2006? so seven years >> yeah. six or seven.

>> okay. thank you. >> well, i've moved to continue this if ms. short is willing to work with the appellant to see if we can craft some kind of a compromise is that okay. how much time do we need. from public works. we can do it we're launching the forest plan next week >> the 29. >> 29 it should be fine. >> is that okay with you mr. mcclellan. >> (inaudible).

>> can you come up to the microphone mr. mcclellan? thank you >> i have a conflict but i can it looks like i can make that conflict workout. >> i'm going to move to continue - i'm sorry. >> you can sit down. i really like that tree. it's a visual and i haven't been up close to see it and it's impact directly on your home but it's hard to think about having it cut down or removed after all those years. i also ask the question about the appellants longevity in the home and it's probably been 8 years and the time of issuing has been this way longer than

you. while i understand the impact in terms of it's visual but just hard to consider bringing that thing down. it's really kind of an amazing life form. so for those reasons i'm not necessarily inclined to consider it in exchange it's feasibility but those are my feelings right now >> i kind of feel the same way but i'm 0 open to hear alternatives. well, let's give it one shot. i'm going to move to continue this until january 29th

>> we have a motion from communicating to continue this matter until january 29th. commissioner fung >> i. commissioner hurtado. commissioner honda >> thank you. the vote is 5 to zero this matter is continued until january 29th. >> we're going to call 7 a and b interest the subject property on 19th avenue. the requester asked we take jurisdiction over the matter which of the issued on june 21st, 2013. the appeal period end and the jurisdiction request was filed

on july 11th. the permit holder is here and the project is to complete work completed under a permit. to erect a single-family dwelling. and the next is for the building inspection on 19th avenue protesting the ordinance on july 13th to obtain the final construction under the ordinance. seeing all work is completed and 8 b is filed by affordable housing have the same property address protesting the ordinance of an alteration permit and to change the foundation design tomato foundation.

this is a vision to application permit in 2013. and with all 3 matters being heard at the same time the requester and her agent have 17 minutes to present >> so before you commence our statement i want to get clarification from our director for everybody's benefit. item 7 is a jurisdiction request for a permit that is being considered in 8 one of the two >> in 8 b. >> that's right. >> so it's a jurisdiction ending in the number zero 86 and item 8 b is an appeal of the building permit that's a revision that ends in '86.

>> maybe we can get clarification but that means that the jurisdiction request is going back to the original permit that's up on appeal as a revision permit has it moved. >> well, that permit is under the appeal. >> not that one but the original. >> yeah. there's a request to revise it but it's being appealed. >> yes. by the requester. >> but it's been revised doesn't that move the original. >> well, if you decide to deny that permit under 8 b then the jurisdiction request would l will be at issue. >> maybe we should hear 8 b. >> you should be aware that

construction has been done on that permit. >> if you like we can ask the departments to clarify. >> yeah. if everyone is okay with that that's most helpful. mr. duffey >> good evening, commissioners joe duffey. to answer your question the main permit it's only a change to the foundation debate for the building so you'll still have our building direct e direct the 3 story building >> that's the subject of the jurisdiction request. the main permit is the jurisdiction request and the 4 o'clock is the subject of the 8 b >> right. >> the jurisdiction request is for the main building for the permit ending in 1301 to build

the building. >> i'm sorry one more question. so the jurisdiction request permit is a boarder permit than the 8 b >> yes. yes. >> okay. that's helpful. >> please explain and summarize what is remaining on it permit that hadn't been done. >> on the main building permit the work hadn't been started. >> oh, okay. >> they called for some early inspections site verifications which isn't the construction on the terms on the code they actually renewed the permit bans the economy. >> the vacant lot. >> so they had the building

cleared and something happened with the economy theirs different reasons. >> can i suggest we hear the jurisdiction request first then. >> instead of hearing them all at the same time. >> they're separate issues in my mind; right? whether we grant the question is separate >> we don't grant it then we only hear about the revision on 8 b and not the building. >> okay. >> i'm okay with that. >> i'm not sure you're going to be able to separate the jurisdiction. >> simply what the basis for the detail is. >> that's what i'm interested in knowing. >> but if we hear the merits.

>> you're going to hear it anyway. >> we'll see that. >> so the decision is then to hear the jurisdiction request separately. >> no let's see what's presented hopefully, i'll get the answer i need. >> are we're ready to begin with the hearing on all 3 matters if you could return to the microphone, please. thank you >> good evening. i'm overview have a taing. i own and live at 2512, 19th avenue. i'm a single mom raised two sons there are. that's not only my home but the place i work i'm a piano teacher and my studio is there. i'm not opposing the

construction of the 3 story residents on 19th avenue. all i want to be sure is the construction joining in the design so this 7, 8, 9 my house mr. not be damaged again. since 2005 it was nightmare for me when mr. you started construction in the lots to the north side of my house. he exposed and undermined the north foundation of the footing of my house. the sentiments and cracks in the garages and gas leaks were all development in the house. this resulted in the department of building inspections issuing 3 notices of violation may 3rd, 2005, and june 2005 along with 234ish9 abatement proceedings.

the footing was under pinned in july 2005. litigation was initiated and settlement and mitigation was done. it was agreed that the gentleman would perpetrates his construction drawings before filing for building permits. the medium chemical grouting and patching and >> prayer by the chaplain. >> of the walls were performed. since 2005 i have spent concluding construction, professional and legal expense over 2 hundred thousand because of his wrongdoings. the 25 story 19th avenue lot was 1r5k9d until july 10, 2013, and

july 10th i noticed mr. you started to put up a pole for pg&e to connect to the electric meter for construction. i asked him did you get the permit he said, yes. so i came here to the department to file on appeal but i was too late. so that i went to mr. sweeney i didn't the head of the department then and he suggested to me to file the jurisdiction request. so all we want is for me and my engineer to be able to review the construction drawings so my house will not be damaged again.

thank you >> hi, commissioners i'm eddy low i'm a technical engineer. i'm going to present two cases one is 13 dash 094. i think that is a straightforward case. we are protesting that permit is issued in error. the permit was the intent to upgrade to finalize what was done under the old permit. but from my observation ever since the junior 2005 to help ms. hanging no work was done for that particular permit. so in a sense that permit was issued in error and i submitted it a while back in august.

so i'm going to talk about appeal 13 dash 67. as you know i come before you on behalf of overview have a tanning. i'm licensed in the state of california as a technical engineer. i have over 45 years of experience in practicing so so to technical engineering. i spent most of my professional career involved in work in san francisco. i support the appeal for the 1311051188. therefore i'm not going to repeat what was down, however, i'm prepared to answer any

questions. let me respond to the rebuttal. i maybe overzealous in calling the notice red tagged but as i recall it was touch and go to whether ms. top of could stay there her home in 2005. this was serious and it led to the then district supervisor shawn. several of the visits from the inspection namely raymond louie to name some. in the previous version of the construction drawings that i've reviewed in september 2013. i indicated the 24 inch would be measured to the bottom of the concrete