bring information i thought that was a planning issue but i looked at the ipod and the online tracking an active complaint with enforcement so as mr. sanchez said we can move forward and an order of abatement i did not have the details but i see it from 2003. >> those would have been held in abeyance. >> yeah. we can move forward and get the new owner to resolve it i okay is there any public comment? seeing none, commissioners the matter is submitted. >> go ahead. >> that we deny the appeal on the basis that this is - the

city acted appropriate. >> they were in violation of the city directive. >> would you care to amend it. >> deny the appeal i uphold the denial appeal open the basis that the property owner was in violation and in violation yeah. >> what was the last part in violation of the city. >> directives. >> okay. >> so that's commissioner honda's motion to uphold the denial of this permit application on the basis that the appellant was in violation of city directives

on that motion to uphold the denial commissioner fung commissioner hurtado and the president is absent the vote is 3 to zero this denial t is upheld thank you okay. >> so item 12 continued to november 5th and the next appeal don and andy vs. the zoning administrator the property on 1957 the issuance of 2014 regarding whether or not a deck by an inclusive used to be divided equally between two appellants appellants are not here is there anyone here for the beach street appeal

okay no one here. >> i've never seen this happen. >> there was no briefing submitted either i know that the appellant had sought the services of a consultant they later didn't higher. >> should we deem it abandoned. >> i would say so they can request a rehearing if there's a valid reason they weren't here. >> let's deny the appeal or take it off calendar. >> move to deny the appeal on the basis. >> you want to ask for public comment. >> yes. any public comment on that item? okay. thank you vice president. >> i'm sorry. i'll move to deny the appeal on the basis it seems like the parties have abandoned their interest. >> it's a va order so we might

need a abuse finding. >> on the basis that there is no error or abuse of discretion. >> thank you victor. >> the motion from the vice president to uphold the letter of determination on the probation the zoning administrator did in the error or abuse his discretion. >> sorry to be lawyerly we didn't hear action so there's no evidence that's what i was going to clarify. >> on the basis there's no evidence. >> of error or abuse of discretionary. >> or error or abuse of discretion by the zoning administrator my yes. >> on that motion to uphold it with that findings commissioner fung

president is absent commissioner honda the vote is 3 to zero this letter of determination is upheld open that basis thank you. >> okay. thank you okay. the last item on calendar the appeal carl oil brown vs. the department of building inspection on hampton avenue for june 26th with the alteration permit for the main level for to the new doors and replace windows in kind and to remodel the existing bedroom and incorporate new hallways hear if the appellant first. >> good evening my name is carl oil brown the appellant this is julia ask who is doing

to be speaking for me, i'm requesting the relocation of a staircase mr. scott because of the third staircase it was one .5 feet away from my property is it far too close and ms. ask will speak for me. >> is that okay. >> i'm sorry can you state your name for the record. >> julie ask and ms. brown is asking for the relocation of the staircase it's close to the entrance to her kitchen and the second request for the field fire safety of the property given the proximity to the structure to her home. >> i'm assuming you read the brief the first one t is privacy shields e she's elderly and

handicapped and had a stroke and fears for her privacy and the safety she feels the closeness of the staircase will interfere with her privacy she spend a lot of time at home the second issue around her security the proposed staircase makes it easy for someone to jump on the property line the intrarps to her kitchen normally she keeps the window's open because of the tare flow to the home especially open warm days the roof is flat and to she is dealing with the proximity she wouldn't be able to keep her doors open for safety reasons and concerned about the noise and finally, there's there's the issues the cross of the firewall and given how close the

staircase is to her line there there's the issue of the are firewall and we were discussing the kitchen and scott and shawn on are open to a fireplace and a concern around the load of the deck that impacts the foundation and whether or not that's on her property anything i've missed. >> no. >> so we come back to the apps for the evaluation of the foundation whether or not it's on her property and the firewall and the second ask for the relocation of the staircase given her privacy and safety one question you're welcome to questioning question it but the other folks agreed to put up the firewall but we'll let them

speak. >> thank you for working that out in the halfway. >> any questions. >> not yet. >> maybe we can hear from the permit holder. >> good evening my name is scott i'm the homeowner and my wife shannon we're also the permit holders i have drawings to help you guys understand the project while i talk so. >> overhead. >> maybe you can zoom in on that. >> like you're looking at it face it. >> i'll point out some things during this process we tried to take our neighbors considerations take a look at it and trying to enjoy our open

space we want to have a deck the biggest dispute is the staircase ms. brown thinks it, too close to her property i tried to draw the all of her dedicating deck and highway you'll notice her 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 lineo 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 tha