>> okay. thank you mr. crow. >> sorry i'm a bit anxious good evening members of the board building code section 106 a .1.12 states wherever a change in occupancy or use is made a building permit shall be required to legalize the changed use or occupancy and this is been confirmed by the planning department and the building inspection law doesn't provide for some sort of different process because the unit is quote/unquote illegal a building permit is required to change the use which is exactly

what the permit holler holder is doing when he plans to remove the unit from housing use and evict my client navigate he's tried to evict my client a permit holder has filed last month filed an unlawful detainer a lawsuit to evict my client we've demurred because the planning permit was not the proper permit to remove from the housing use you've heard prosecute your experts the permit hordes response to the demur he stated 31st his intent in filing the plumbing permit to remove the unit to change it's use to change it's occupancy navigate he also stated in his restraining order response to our demur a no permit was

necessary well, the; is that right testimony and the building code says otherwise the court is looking for guidance we have a ruling from the court the judge stated the proceeding and ruled if the permit is denied or rejected he'll sustain the demur meaning the unlawful detainer can be dismissed the plumbing permit at issue can't be used to change the unit use or occupancy the law requires a building permit we ask you revoke the plumbing permit because it can't be used to remove the united from housing use and also to revoke the permit to conclude that matter and stop the permit holders unnecessary litigation thank you. >> mr. sanchez did i want to

speak on this? >> thank you scott sanchez planning staff to be brief to commercialism this is not subject to the mayors policy the executive directive the planning code was referenced that's inaccurate it allows supervisor chiu legislation this year that louts the in-law units to be legalized under the possible street commercial district which the property is workplace a second unit is allowed we'll have to review the plans to making sure make sure the code is compliant to allow legalization without meeting a lot of those requirements in regards to the permit we ask them to permit the illegal unit and i'll let mr. duffy speak to that if the board wishes.

>> any public comment on that item? okay. seeing none commissioners, if you have questions for mr. duffy we'll call him back or the matter is submitted. >> mr. duffy. >> commissioners to clarify comments by the attorneys the reason a building permit is required in this case you'll need a set of plans to show there's illegal construction and converting it back to the use one thing the housing inspector has not issued a notice of violation which says an illegal unit created behind a legal space probably what he is going to do is issue a notice of violation as a illegal dwelling

unit with plans to divert it but certainly that area in our dbi reported it seem like i imagine it as a storage space behind a reciprocal space not a dwelling space the department needs a set of plans with a permit to show your removing is the president of the united states that's duplicate by a permit there is in use of occupancy stated by itself interest you're not changing the use of occupancy your simply reverting that back to the use if that's what the building permit wants to show. >> to be clear what would drinker the issuance of the n o b the awareness of this. >> yes. the we received a complaint dbi received a complaint with the housing

inspectors saying illegal unit behind commercial says that the housing inspector acknowledged on august 18th on the overhead earlier showed the perpetrate use and occupancy is a single-family dwelling and if he goes there and sees a commercial says that a residential space or both and a residential unit behind it he's left with no option. >> i guess i missed the fang there's been a complaint filed. >> yes. that's still under investigation i'm not you can't why we hadn't dwol to that that is what normal happens. >> it will result in an negotiation n o b i'm not sure why he hadn't gotten around to it by that's the next step okay. all in actually outlet the way to clear

an n o b is to submit a set of plans. >> that's what i said dbi has not instructed them to do with but with illegal unit that's what we have been doing unless the culture is changing with the illegal units but it is the legal construction we'll be ask them to revert it to the last legal use or try to convert to a legal use that's their choice but it requires a building permit and requires an electrical prilt permit. >> what about the plumbing permit. >> that plumbing permit could stay in place in my opinion it is required at some point but we need a building permit along with that to with the set of plans to show the removal that

area being readvert bye back to the last use. >> if it's in place. >> what. >> if the plumbing permit he stays this plays it's a legal permit and the work to be performed under that california be executed by that. >> maybe we could do condition it so the permit can be conditioned to be in place not lout to do the work. >> it could be conditioned here. >> yeah. >> yep. >> thank you. >> okay commissioners the matter is yours. >> well, i think there's still more process that definitely has to occur before the permit holder therefore he'll need to clean up everything at one time i prefer they do it all at once

and clear that up as far as the records go i would move to excuse me. i would not support the appeal of the permit but i would support the conditioning of the plumbing permit to not begin until they've received their building permit. >> i have no problem. >> no, i don't either make a motion. >> move to deny the excuse me. to grant the appeal and condition the issuance of the

plumbing permit upon the issuance of a building permit to remove the illegal unit. >> okay. so we will just in our language make sure that the permit stays suspended until the permit is issued and an a appeal process is achieved. >> the building permit to be specific this should be issued to readvert to the last use that's correct; is that correct. >> the last legal use. >> yeah.

>> the monoxide from commissioner fung to uphold the permit on conditions that the suspension remain in place until a building permit for remove or removal of the illegal unit and readvert it to last legal use has been issued okay on that motion to uphold with that condition vice president is absence commissioner president lazarus commissioner honda commissioner wilson thank you the vote is 4 to zero this permit is upheld with that condition. >> item 11 appeal an hour and a half vs. the city to 55 treat

avenue appealing the denial to legalize window replacement complete without permit none of the replacement understanding windows are being done start with the appellant. >> thank you very much good evening, commissioners i'm heather one of the 5 pertains from 5551 on treat i'm here to request the board overturn the department planning of our permit and allows us to have the vanilla windows it is your authority to require replacement for the window guidelines we also understand as the intent of the pelosi to make sure that the sister is ac acting with the discretion that is allowed to

each city department and this department to be fair in reviewing this case we believe you should use your discretion and allow the windows to remain in place given the history and inspectors history the gentle consistency of the character of the neighborhood and the cities balance with the aesthetic concerns and oils in our submittal we ask you to apply reason not blinded hearing to guidelines and allow is to remain the windows until replacement in the future there's a couple of key points first we believe we've deemed within air grief the windows were instead of at the time of the 2004 permit and prior to the use of building those permits

were opened we requested the permits be closed a permit was taken out to renew the permits and a building inspector visited our property 3 days after the request and final the permits so we've thoroughly believed all the work from the remodel permit was final and closed that includes the windows we relied on the city requirement to do due diligence in attention e addition to our due diligence it's unreasonable and unfair to seem otherwise to do so means the city can require changes to property when no plans are required we maintain the remodeled permit that included the window and the city department failed in their

process and the permit were final we're not illegal illegal listing the windows so the been will argue they're not installed in permit we august w the windows were installed in 2005 only the 903 guidelines are in effect and should be used this is important distinction because the 2003 standards have no more flexibility in window appropriateness then the 2012 standards nevertheless in our brief weed we've made the finding per the 2003 and 2012 standards to allow us to remain the windows they have the same proposition and style and trim and casings they're only 3 differences between the windows that were installed and the

existing windows on the vrp floor about one half to quarter of an inch between the vanilla windows upstairs and the lower two floors their insignificant and have occurred no way due to the fact the windows are nonetheless mrumgd since the building was built the treatment on the yes, ma'am of the windows, however, the department has been inconsistent with or women and children our neighborhood and beyond and the respiratory to install those on wooden windows and seemingly more important is the window material, however, the department notes in the denial of our building permit that clad windows have been accepted in the past despite those windows

are coded they look like wood from the outside but on the outside either aluminum or vanilla this planning department will accept something they normally wouldn't accept it is not a reasonable positional many your opinion to require the or more of the window when at the meat the standards or allowed substitutes the city has the opinion the windows have detracted from the 06r8 neighborhood character despite 60 percent of the homes on our block have windows other than wood and several have approving from the department and it prides it's sustainability on the 2012 window guidelines it out the energy sustainability to install

the wood windows it's inconsistent with that policy to promote one product the wood windows while requiring the financing products like vanilla be taken and thrown in the dump purely for aesthetic reasons this is not a reasonable position in your capacity in closing, i did a public records request the board has reviewed the window replacements one was withdrawal after the planning department allot the wood clad window and another in 2012 that allowed aluminum clad windows instead of w50d and finally one earlier this year in 2014 was

vinyl windows. >> actually in 2005 the vinyl windows loss a question in your brief i weren't assure that the 2005 permit included the windows but your soupd much more positive. >> i think that it's i think that it is complicated and the description from 2004 says remodel the bathroom, kitchen laundry room and it says explore deem in 2005 it says renew all the permits so if the planning

department is relying on one word description and itself kitchen and bathroom and laundry room there's more than just executor demo actually a finished how did i think because no plans were required to be submitted our argument we don't understand zoning scope of the project the building inspector who came and reviewed the case didn't understand the project and i think the planning department didn't understand the keep scott a of the project we're looking at this one 2 line statements trying to figure out whether the permit included the windows our argument is basically. >> we've heard our argument thank you yes. >> mr. sanchez.

>> thank you scott sanchez planning staff it's a request to legalize the 9 windows on the subject building on treat that building was built if 1906 based on it's age and decisions with the preservation staff noted that the defining features are intact on the top story the original windows potential original windows remain and those provide the guideposts for the windows at the lower window their double hung and have drops at the bottoms of those windows this is not the result of a complaint that was a neighbor complaint filed it was discovered using the staff open the condominium conversion and this gets problematic to enforce

especially the window replacement on windows that are comedy conversions you have a different owner 3 owners trying to get something someone to agree to bring it back to it's condition two unit have windows that were replaced with the permit i disagree with the appellant you if it could have covered the product disruption it pretty clear it's a remodeling kitchen and in kind no mention the window replacement that is it's a different level of review and additionally the cost of construction it is posted as $20,000 or the remodel of a kitchen and two bats baths the cost of work on the permit that was sought to legalize the

window were $15,000 people were lead to building that the kitchen and bathrooms would have been $15,000 i don't think that you recall the project description does not include the windows and it didn't indicate that is included in the work at that time, certainly we've heard those cases the one this year was actually, the property that's adjacent to the last item on the calendar and in this case we had approved a permit over the counter and review and appeal he said that permit was issued in error and the board loud it to move forward this is not been discussing this with

preservation staff not the worse case scenario but want to apply our standards not the worse case scenario they evaporate switched out you rounded bays to flat bases they didn't change that aspect the main issues are the lack of o g losing not required for all windows tyler characteristic of the windows that were original to the building at that time, so give we can see on the top floor that would be the appropriate window replacement to have for the lower windows so that element and also the wood it states we're willing to do an flexibility and i know it's not as much flexibility as the permit holder likes but there are alternatives to a purr wood windows there are clad windows that come close to matching the

profiles you'll have in a wood window and again enthusiastic the reason for making a decision but the consistency in applying the guidelines i don't these those with permitted in on a 4 so they're coming to lengthening legalize it now the condominium conversion is obviously a substantial benefit that is upon the reciprocate it can be much more difficult to address it after the conversion is convert with that, i'm available for questions. >> mr. sanchez and why would the condo process trigger i have a permit review or a site review

of the type windows. >> so it does trigger a permit review with the did this mates one of the requirement for the permits they're not in violation of the condo people are not buying condos that have illegal construction we try to commercialism approximately all the proper permits are there one the things that's relating easy to check is the windows and kind of the reasons i've stated in i have a larger building multiple unit and the windows have been trrptd is much more difficult to bring into compliance around the condominium conversion. >> anyway lettuce not go too

far that way but the position the department has for years now september vinyl windows because of the change and the design of those types of windows you have a deeper sections in shaping of those sections why is it that vinyl windows are not acceptable here when the depth thought and the visible look the windows is similar to the ones on the upper floor. >> in discussing that with preservation staff i'll stepdaughter with that there's no the swhoefl of the windows in our preservation staff in approving those over the years but it's really open a case by case basis to determine in the profiles are appropriate and match in this case planning staff reviewed it and determined

the window they're seeking legalization here are not appropriate and certainly we understand and this came up in the last case earlier this year there's a finite life to vinyl windows and you end up in a landfill by the way, certainly they can't be cycle with the three the plastic ones can over time when those windows fail they'll come into compliance and get a proper permit to change the windows out and conform with the window guidelines that's one of the hearing in february this is not the worse case scenario we've had. >> actual the wood windows have a significant improvement and those are not those windows. >> thank you mr. duffy.

>> commissioners, i just wanted to speak about the we - i worked on the dbi we come across when people get the condo reports i lighten it to opening up our solar your building is not going to be scrutinized we have a rear deck and each of those egg things the planning department is not involved i see it an condo windows installed no permits that's where those folks are it's unfortunate a lot of time the work has been done by the previous owner and their stuck because of the situation i

didn't see any building priorities for the windows even though there was building permits and the kitchen and bathrooms are not okaying the building their not going to be looking at the windows so don't assume tyler windows sometimes i've been an inspector i see the paper on the inside of the windows did you put new windows okay yes. you did go down and get more permits because i didn't see the permit phenomenon for the windows sorry that's where rethey are you saw one on 23rd i think 26 windows all storefront windows