deck extends out 3 feet more than that be ours it is a modest design but the real dispute on the stairwell as wear walking down she's worried about security and about us looking into her windows first of all, you can't see there's some lattice on top of her deck area so the only area we can have a glazing look out of the lattice on the steps this is higher and other details you'll notice there's a kind of grazing line of sight this is her living room and kitchen we don't know this is major concern but nevertheless, we know there's an issue of - >> excuse me. victor can you

adjust that on our monitors here. >> good. >> thank you we went through provisions of our plans to accommodate her we didn't know she if not her light obstructed so we also changed the design so it would go down to the left when our going down the stairs it will look down her property is to the right you'll have to look through the lattice to see it and lastly the biggest concern on the bottom level we have an exit door we didn't want to block that exit door or the window

so i wanted to go through each of her concerns individually one is priflz i've touched on that we're worried about a few of the steps you can see through her lattice and if i ask can you grab - so we have a photo of the area you can kind of see so this is the lattice we're talking about and the stairwell when our in the few of the steps we would be looking through or across those last us area into her windows you'll notice looking down at a high angle so you also notice from our backyard and the neighbors backyard you currently see into her windows we don't think she is going to have unlimited

privacy right now we've proposed lattice and a firewall in the halfway so for subsequent i security go to the firewall and jump into her deck there's several ways to jump into her deck i can hope up there's a 6 foot chain link fence so right now i don't think adding another stairwell is going to be a huge impact on her security the noise issue everyone is worried about noise right now our stairwell is inside it's near her bedroom we

hope adding another exterior detached stairwell will reduce that amount of the noise she hears currently. >> so for fire safety we were willing to build a firewall but not wanting to block her deck she didn't respond favorablely or not we went without a firewall and it was approved we thought it was appropriate but we're amenable to a firewall that separates the stairwell and not allow anyone to jump into her deck or, you know, cause any fire problems or issues the big concern is things like her concern over the property

line i don't think we see this as appropriate footings on our drawings are very clearly - this is the complaint she has here so she drew in the footings that the somehow enxhupz the prompt line not on the original drawings will appellant ms. brown i'm sorry. i'm shannon brown the appellant holders so the sketch below was addressed by the appellant but the original drawings had the footings open our property. >> so we have an adding inspectors for the footings according to our dbi so moving the stairs to the other side if you look at the drawings the

stairs our only exit door is open the bottom so i bring plywood out and that's 5 feet in front of that door we evaluated that idea but it won't work for us that's why the stairwell is on the other side did he get a little bit more time since we've had issues. >> okay. thank you. >> mr. sanchez, mr. duffy? >> commissioners on the this appeal when i reviewed the read the brief and saw language about a firewall the description was for a new deck i get into the plan in the package that was this afternoon and i looked at

them and thought i better do a plan check when you build a new deck there's a requirement for firewalls they're not on the plan it was approved and the deck is not approved just this evening i've spoken to two senior plan checkers and there's a need for the firewalls they're required on property line to property line it will have to be modified to build this to code i let the permit holders know and the planner it was his first month in the department so i forgive him for that definitely we need firewalls and the metal staircase to the property line and the plan checker didn't like

it but it if it's a staircase we codify that and maybe part of the conditions on the permit and maybe allow it but a noncome buffalo stair. >> sorry to interrupt 0 would it be galvanized. >> it will have to be galvanizing yes, so that's my finding open the plans and the brief i'm available for any questions. >> the firewall if you wanted to go away from that code requirement it would have to be how far from the property line. >> sorry i shove explained that it has to come in 3 feet so make the deck considerably smaller i told the permit holders that two

3 feet on either side. >> mr. sanchez. >> thank you scott sanchez planning staff the subject as proposed meet planning code requirements not a requirement for the firewall not within my of the open areas for the property and typically i think as this board knows the expansions section 311 notification rifrmentd, however, as drawn the plans are exempt because the deck d is less than 10 feet in height if a firewall it prompted greater than 10 feet in height that's a section 311 notifications this is under the jurisdiction of the board of appeals and i will note that the

reminded for the section 311 notification is the result of the zoning administrator section 11 not stated there think i understand there's one person requesting a firewall and maybe that can be discussed more further as we do the results but certainly having the party here requesting that the most combanthd party they could be justification for not requiring the full neighborhood notice for that portion of the project i concern is on the other side on the south side of the promissory note property although notification was provided for the hearing there has been no notification of the firewall new information for that neighborhood and perhaps in support of that but perhaps my

concern is having an action without them having input about their feedback on the firewall i wanted to all that for the board while you're considering your decision i'm available for any questions. >> would you have a recommendations indoors that notification on the south side. >> you know certainly one option to continue it to have a letter from the owner occupant of the adjacent property to the setting their to the south to in terms of light air implicates it would not be much additional by certainly like to get their feedback so if it was continued and they're provided some comments you know that would be helpful and consideration alternatively and this is fully before the board there are other concerns raised by the appellant he south that in 3 feet on all

sides would not require a section 311 neighborhood notification so this is required because of the firewall of up to 10 feet in height. >> but the firewall looking at the drawings should not be morning 10 feet in height. >> it will be because of the deck of a deck is like 9.6 above grade or something like that it has to go 42 inches above that close to 4 feet above yeah. 3 and a half to 4 feet. >> okay. >> any public comment on that item? any public comment on that item? seeing none, we'll have rebuttal are you with the public you want

to speak under public comment or here with the appellant okay. so we have 3 minutes of rebuttal. >> i'm james i wanted to speak about the plan checks review of the documents in terms of the foundations and their adjacency to the existing building if you saw the documents before there was a line there and that line is a building so the question is where the foundations of the new structures investigated as the firewall was that is any consideration of the foujz when reviewing the drawings so could we find out about that will that impact carl oils house. >> certainly okay rebuttal from the permit

holders 3 minutes. >> oh, i'm sorry. >> i'm sorry. >> no, it's okay. if carl oil would you like to say something i was going back at that the stairs and scott's worrying about moving a wheel boar we discussed it would be inconvenient but he could come out at at angle what his equipment i pointed out the wall at the bum bottom of his garden is assessable in 1997 my late husband and i remodeled our kitchen we put in a gate and he put in a gate so any large

carpentry equipment would be brought through the back gardens with the permission of the property owner mrs. garcia and easily the bigger equipment would be brought up the kitchen stairs there is a way to have accessibility to the garden equipment. >> the last thing she acknowledges it is okay to remove the staircase not to infringe on any property line. >> are you finished. >> sorry. >> are you finished. >> yes. >> are you aware if they build a firewall it goes above our last us screen. >> yes. i am. >> at the property line. >> your preference is to have a

high firewall for your security if that's the case. >> yes. and to hide the staircase if it's in the location. >> it only has to go the portion of the deck. >> if the staircase is not. >> itself firewall will not hide the staircase as currently planned. >> okay. >> in the important. >> - i. >> it's the relocation of the firewall. >> i was here initially. >> okay. we will hear - can you hear from the department with regards to the question regarding the footings for the deck would that be okay? >> on the excavation for the foundation for the deck which

could be a foundation for a firewall that is a twam wall for a building or something like that any excavation will have to take into consideration the neighbors property they'll not be able to go below the neighbors foundation they'll have to get 3307 of the building code and 32 of the california civil code 10 days notice to any property line and take into consideration there will be test holes are they going below the neighbors foundations that's the permit holders responsibility the site plan didn't show the location of property so i wasn't able to determine that but if they brought i bought it up it would be will have to be addressed i--i don't know what the

foundation was was but it is on the permit holders property. >> such for clearing that up. >> actually mr. duffy i'm not sure i read it the same way it appears the foundation is for the post of the deck then the sketch they have that centered probably across the fence line. >> i saw that. >> it's annexed to me symmetrical so whether you dig a hole for it a foundation for a post is not a huge technical issue. >> fittings that's not a technical issue but the code says if you excavate property lines the neighbors property it didn't say a post or you'll have

to see how it impacts the neighbors property the it is not huge but need to be checked out and the firewall will 0 change the location of the pole it will be the length of the deck i wanted to add that the locations of the stair to the property line is something that dbi if you read the letter of the law and the code he even the stairway it is non-combustible so we generally allow it but if not it needs to be asked for and technically the code. >> even though it's not american people exit stair. >> i have two different opinions from two senior clan checkers i see that as part of a

preapplication where someone is not saying i'm putting my stairway here we do allow it but not it is something that needs to be decided i know the neighbor didn't like the survey way under that location. >> thank you thank you okay. now from the permit holder for rebuttal. >> i'm shannon again we believe that our design is a modest deck design we would like to take our neighbors concerns take into account into our design as much as possible so long as we can use our property to be feasible we've heard tonight that our plan as drawn

would require firewalls and that there's a question about whether or not the stairs would require a firewall because their non-combustible human resources overhead i guess and our neighbor is concerned about privacy adjacent to the stairs we're concerned about using our property in the stairs are relocated because they'll block our egress and due to the intricacies of the yard in the photograph represented earlier moving the stairs to the center can be tricky and walking around in our backyard we'll propose to extend the firewall adjacent to the stairs to the extent necessary that would be needed

to alleviate mr. brown's concerns for privacy do you have anything else. >> may be one more companion that ms. brown mentioned bring in boards through the neighbors property we don't know it's appropriate tomorrow they could put up a fines we need to be able to use our property and bring things anti through the backdoor so moving the stairwell over is unfortunately not possible for us and in the middle they suggested a big stairs in the middle we hope to put some sort of plastic shed underneath this area we couldn't that that so, yeah.

>> on that point. >> is the time running. >> 30 seconds. >> i was going to clarify about the wall it's not adjacent to our property but the neighbors on this south side and the wall is over 5 feet tail not easily scaled not 0 approa appropriate bringing in mulch. >> i have a couple of questions for you one of the reasons you've indicated you didn't want to bring the edge of the deck it is not the ms. brown's side was because of the door? >> if you look at can i have the overhead if you look at the drawing this bottom sorry thank you this door is our current door we

don't want to have to move this is our garage and hard to move this door if we bring this offer there's a post in the middle of the door. >> but the post is at the edge of your new deck. >> well, if there's a firewall. >> you it 3 feet in you'll not need a firewall. >> the other problem is this the the exit door to the kitchen it's possible to be moved a few feet over but it's invites exactly 3 feet we have a bathroom here if we had - well, a stairwell in the middle and this pulled back this area in the middle this door can't move

so it will limit our face we'll have a barbecue; right? >> the deck extends further and we don't want it to be 12 feet out that will block her view we're trying to tell compromise we don't want to propose. >> i understand you're married to this. >> i'm not married to it at all. >> it sound like it. >> anything else from the department? >> just one thing on 4 spiral stairs on the design after everything i hope that we've taking a look at the head stair the way it wraps around it the posts you're coming under the

deck and this is sometimes a problem the design is great but when we get but out to get the inspectors then the door has to be move forward someone else commissioner fung as a architect you know it's very well on the paper but it is a big problem for inspection maybe the permit holder has an answer but it becomes an owner we end up moving the stairs someplace else because of the head issue. >> commissioners. >> we're fine. >> we're fine. >> i'll start. >> well, you start. >> you know i is it so hard to tell people what they shouldn't

be subject to and hard to tell people to redesign what they want to do from the permit holders side, you know, i understand what they're trying to do but the question of theirs 40 two questions one the utility of firewalls is not very great i mean, you're spending kwient quite a bit of money for firewall and not utilities into you're living i would have tried to avoid it and come in 3 feet each way and avoid a firewall the other things too if you look at the plans they probably could reconfigure how they said to handle the living room open the

second floor their removing the second window for a sliding door and therefrom not law the deck you but it's difficult for me to redesign this for them and from the, you know, neighbors side, you know, i understand that, you know, after having lived there for such a long time she's used to what she has optional potential solutions i can see without moiflg the design what happens in the lattice open her fence went further out and higher would that i don't know whether the permit holder would be willing to do that to assist that but

the firewall is going to block part of her light coming through the lattice on her property line if they, find a way not to do the firewall expend the lattice out further she has her sense of security a less level of privacy because of the lattice but some level of privacy i don't know whether they want to consider those suggestions 80 to see if any resonate with either parties. >> the only problem with the firewall they'll have to come in 3 feet a reconfiguration of the original dine. >> we'll they're they'll louses louses losing lose some space

you could remove some space and put your feet on the rail. >> there's a firewall other than the other side. >> that's up to them they're going to run into a notice issue with the zoning administrator i'm trying to find a solution for both parties not both will will totally happy but as commissioner fung brought up since the building inspection record in regarding to your deck that means there's going to be a 311 notification that's needed because of the firewall then the neighbors have the opportunity to chime in so that's the reason why commissioner fun