concerns? >> no. because i had an architect and contractor look at the plans and -- >> now that you understand the plans it's not a concern anymore? >> yes. they called me about the plans and i understood so my main concern was the marking parking because we have parking issues in our neighborhood. people are parking on sidewalks, blocking driveways. >> you answered my question, thank you. >> you're aware that an mta red curb is 75 bucks. >> i'll pay the 75. >> okay. >> i mean, 'cause if i could get the permit i'd do it, but it's on their property side to -- so it has to be the owner of the 1626. >> and neither of the curb sides. >> and it would be a complaint red, so you would have to make the complaint for the ticketing and towing. >> exactly.

that would, you know, make my life much easier. a: okay. >> my property is to the right and i agree with michael. i do not have a problem with the construction inside the property, but like michael have said, in our neighborhood we have recently been experienced very difficult parking situation and people park on the wrong side so i would like to ask the building inspection to relook at the plan again and i think for four bathrooms, three baths, it would be fair to ask for two parkings instead of just one parking spot because that's just -- it's

just -- to me it would just create future problems. and i also think there's a problem with the entrance to the garage because, like, next to the building i experience the difficulty to the previous tenant who couldn't get his vehicle into the garage so that's something that needs to be addressed and then i think the plan needs to be done properly, like, two parkings and proper entrance to the garage. thank you. >> excuse me. which is the subject house? i couldn't tell from the photos and the -- >> this one? >> my property is just right to it. >> you have the larger one? >> right, this one. >> no, she's saying this one.

>> the right to it. >> it is this is your property here. >> and that's your /propberty? >> thank you. >> we can hear from the permit holder. >> good evening, i am the daughter of the permit holder. i just asked for permission if it would be okay if i were here to speak on his behalf. he's sick and so for someone that potentially would like to live here, i personally don't see a problem with me blocking

anyone's garage personally, being a san francisco resident and born and raised, i know exactly how difficult it is to finds parking and i'm very regardless if it's red or not painted red, mainly because i have a fear of people towing my vehicle to begin with. i believe -- this is also included as well if we could [inaudible]. >> can you speak into the mic please. >> they both have two car garages. they're speaking about this curb right here. i don't know if you can see with my finger there. although i guess it's just a very awkward situation, mainly because they have a two car garage, although the sidewalk stops right there. and they are expecting for us --

is there a way to zoom in maybe? and so right here is very close to our property already and i don't see how this is a feasible parking spot to begin with. if they expect for us to be of that i mainly because they do have a two car garage. i don't see a problem with the entryway to the garage. from my understanding the reason why we had -- it's a single family home that would be my father, mother and me. i plan to move out sometime soon, so i don't see that as an

issue and i acknowledge that down below i believe that cross street is lotton. that's a school there and there are no garages so there's plenty of parking there. i'm perfectly capable of walking up half a block or so to my home without this problem so i dunno, that's just my personal thought from a perspective of a resident, i guess. >> are you finished? >> and my father claims that there's not four bedrooms as they had specified.

there was already an existing room. this is already an existing room that was down there. there was substantial water damage due to the rainstorm recently, unfortunately based on the postponed project, so this is what had happened right here against the side of the walls. which i don't feel like is within the standards of living. i believe that's all i have to say. >> are you finished? >> yes. we're finished.

>> your family purchased this recently? >> i bought that april. so i cannot -- i cannot move into [inaudible] >> and my father is a licensed contractor if that -- >> i got the city permit [inaudible]. >> you purchased in april of 2013? is that for your residence or spec purchase? >> that was intended for us. >> intended for you. because looking at the picture

you've shown somebody went to the effort to get a red tip on the driveway and that's not that easy. it shows as the red tip on the property. >> that's the other property. >> that's right there. >> thank you. >> maybe we should hear from the department. >> mr. sanchez. >> thank you. i had the opportunity to review the plans the permit holder provided before the hearing and don't see any code compliance issues with the proposal. the deck is code compliant.

there's no requirement for adding more parking, even if you were to add one more unit in this district, you would not need to provide one more parking space so we don't have any experience with the existing parking situation. seems that most of the issues are not related directly to the work that ease in the permit, but more of a private matter about how that curb is used because my understanding is mta will ticket if someone is blocking the driveway. so if that's the concern, that can be addressed through the mta process. also some of the problem may be attributed to the appellant's to the left of the property. the fact that they're curb cut -- that's the curb cut with the red tip on it. if i could have the overhead. this is one of the appellate's properties. their driveway does not enter on their garage door so that

may present to their garage door so that may present some problems with how they access the space. they might be able to does that with the department of public works. we would as look at it to make sure that if it shifted, we'd want to make sure no existing on street parking space would be impacted by that but that'd be something they could pursue in the future. >> i don't think that helps. you made that illegal space longer. >> the issue is if somebody was blocking their driveway, perhaps centering the driveway on their door would make it easier for them to access their parking space. >> john left already.

>> you'll have rebuttal time shortly. >> commissioners, the permit is pretty typical for adding these additional areas. i too reviewed the plans, i didn't see anything unusual. the permit was issued correctly and hopefully shouldn't be any problems, but if anybody has any questions, but from building i don't think we have any issues. >> thank you. >> is there any public comment on this item? seeing none, then we will have rebuttal. you have three minutes together. >> so glad you got the pictures. there is a portion of the easement in front of my house that was -- i got a permit to paint red because of the people blocking the driveway. since i got that, that has been

a deterrent for people to park there because they've been ticketed, they've been towed and so i don't have a problem there . that little piece of easement we're talking about, all i want is maybe a foot or two painted red so that it would deter people from parking that way and getting into my driveway. that's all i'm asking for. it's just that little piece of ease /-pl. what happens is people don't park their car in their garages. they park across and with that suv that was there, it was a nightmare getting in and out of my house and i'm surprised someone didn't hit me as i was backing out of my driveway. i leave at 5, 4 o'clock in the morning. it's dark outside and i could get blind sided very easily. you saw the pictures, i don't think i'm asking for a whole

lot. i'm just /tp-g for a piece of that easement to be painted red. thank you. >> any rebuttal from the permit holders? >> yeah, yeah, that was still your time actually. >> i would like to ex/poupd pound a little bit on the inspector's comment about not requiring a parking spot. i know there's no law that requires that, but i think it's something we need to think about because in san francisco it's very congested. how can you have four bathrooms and only one parking spot. there's a good chance in the future this property might be rented out to four different individuals and that will impact me and residents living there because the reason why i brought my property back in 2008 was because parking was easy and then also the neighborhood was family or

noted. oriented. things are changing and i think because of that there needs to be some rethinking because it's a nightmare finding parking right now so that needs to be taken into consideration and control. >> you have a garage? >> i do have a garage. >> for how many cars? >> one car. >> i block my dad in because i

leave earlier than he does, but i would never block my neighbors, especially if i knew that was their entryway. if you're asking for 2 feet, then definitely no vehicle could park there and i understand that although i guess you would have to see it from another person's point of view for someone to come home late at night and not find parking maybe on that strip there, i mean, it's difficult. i understand, but i drive a tiny car. there's no reason for me to block anything. i don't have an suv. i have, like, a regular small four door sedan or whatever and i mean, 2 feet is substantial. definitely no car will be able to fit there. and i don't know, with the

department requesting maybe they can just even their pavement. i'm not sure what the correct term is, but if that could be done then i don't see what's the problem for anyone really. if you have a two car garage, wouldn't it be easier to have all this space to enter and exit anyway, as opposed to squeezing through a one car garage amount of space to get through and for both of your vehicles that are parked in there? that's just my personal thought. >> thank you. >> question, go ahead. >> when i read this brief i thought this was about a different issue. >> yeah, i thought -- >> let me finish my question, please. the word of your father's response related to the deck

and the light in there and privacy. where did that come from? >> i believe the owners of the homes nearby had specified to him that that was a concern, although, i mean, to me, it's a little ridiculous mainly because their homes are both completely one story above ours. we're not trying to raise another story or level. we're a two story home trying to have a little deck in the backyard. also, the neighborhood slopes upward so i don't see how that could affect the -- >> well, nobody has raised it tonight. >> i know. there's no brief that talks about it. i was just curious. >> i'm curious as well. >> thanks. >> it was in the appellant's summary as far as the appeal was privacy, light and air. nothing about parking.

a: >> it seems as though this case has taken another turn. >> having lived five blocks away and probably passing by your property on a regular basis. i also have a space that's 6 or 7 feet in front of two houses and i often have to deal with that situation as well. evidently you're going to be a good neighbor to these folks because evidently they're not appealing what they said they were appealing at this point, right? so -- okay. >> commissioners, the matter is yours. >> i frequently call 311 for driveway blockage. i live in bruno heights.

it's very hard to get around people. it's aggravating, but when they're over that line, i'm getting it towed and that's what we do. that's our only recourse. i also don't feel inclined to grant this appeal. i think the basis that was presented was that on the papers was not presented and i think it more as a private matter. >> do you know the total mta requires you to open your garage to show them that it's a available parking space. i have to do that all the time and i don't drive an suv. that's just what we live with in san francisco

>> i had a motion to deny the appeal on the basis that the permit was properly issued. >> thank you. mr. match match. pacheco. >> on that motion from the vice president to up hold this permit on the basis it was properly issued, commissioner fung. >> i. >> commissioner hwang. >> i. >> president lazarus. >> i. >> honda. >> i. >> the vote is five to zero, the vote is upheld on that basis. thank you. >> item number nine was withdrawn so we'll now call item number 10, appeal 14-020, sunny moon versus the building of inspection. protesting the issuance on january 23 to j and l development of an alteration permit.

>> my name is sunny moon. i'm a little nervous. >> relax, take a break. >> i have a little bit of an anxiety issue. sorry. i have -- okay, i live on bruno hill and my house is located behind 47 prospect avenue and last year, march 2013 there was some major

reworking and regrading of the rear yard at 47 prospect. >> could you speak up more? a little bit closer. take a deep breath. >> there was some major reworking and regrading of the yard on 47 prospect where large quantities of dirt were moved 3 feet down and i think 5 feet deep in and it was all pushed up and then there was also some room in the sidewalk -- >> i'm sorry . >> the sidewalk was moved up as well. this is my house on 666 win field so this is from 49 prospect, which is their next door neighbor. so this is the reworking of the

soil and the grade. so by july 2013, they've added a new deck, they added a new secondary retaining wall. they elevated their original retaining wall, which was lower and now it's 7 feet higher. they have built this oversized deck that's really close to my property, only 1 inch away from it. and i've discovered it at on open house when the house was up for sale. this is my tenant's unit right here and you can see it's on the same level. >> i'm having a hard time with your picture. >> i'm sorry.

okay. so this is on almost the same level as my tenant's unit and this deck is oversized and it's really high and it's high because the elevation has been increased. >> this is the backyard of 47 prospect? >> correct. >> and so the house is then sort of the closest to us then? is that where the house is? >> yes. this is the roof right here. >> okay. >> and the view is from 49 prospect. >> okay. >> so from the before and after you see there's been some major soil degrading and reworking. >> i'm going to stop you. the wood on the far right, is that connected to your house? >> yes. that is my tenant's deck. >> okay, thank you. >> a lot of dirt was pushed up to that southeast corner. >> okay. >> okay, so a complaint was

filed, an nov was abated and we thought everything was resolved and everything was fine and then in november, 2013, 47 prospect goes up for sale. you know, i'm not opposed for the defendant having a usable rare yard, i just want it to be compliant. i want it safe for all the residents who live in the neighborhood. you know, i don't want any problems, future problems. yesterday i received an email from defendant's agent correcting the site plan in his original brief he questioned the location

this corroborates they have pushed up the soil and did the deck without permits. the developers -- their solution is to circumvent the permitting process all together and lower the deck and reassemble the height of the deck lower than 30 inches,

however, since they did such major manipulation of the soil grade change, i feel like -- doesn't that require a permit to do something like that and then how do you find original grade? i'm asking planning and dbi to determine the original grade before they even put in any new modified deck. i'm just asking for some compliance and safety. in closing, we're asking to revoke the permit and remove the deck with all its electrical parts, lower the original retaining wall, remove the secondary retaining wall, which in my belief really holds up this oversize deck and just any future deck and landscaping be built, you know, on the original soil grade as determined by dbi and planning. hank you for your

consideration. >> do you have any photos from that yard before this work was done? >> this is the only photo i have and -- >> i believe you an one of your -- so there is -- there was no existing deck there? >> there was no existing deck. >> okay. >> yes, no existing deck. and i've been here for five years, my neighbor has lived next door for 45 years and he has said this was never an existing deck. >> shouldn't be a problem. i think we can get historic pictures from planning or building.

>> i want to hand out a current site plan because the original one was incorrect as the appellant has stated so i wanted to pass this around. >> i feel bad for -- i did research on this propertyr