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 they're

changing them out every 70 years we give them extension and eventually back into performance but that's one ovrmgs option we had with that one. >> i remember they came in front of us. >> so no way it's unfortunate. >> when you looked at the permit history mr. duffy what did you see besides the kitchen and bath. >> only in the brief i saw others but nothing mentioned about the windows not you may give that strikes me we would have done a window replacement. >> thank you very much any public comment on that item? seeping public comment we have

rebuttal from the appellant. >> so thank you, again so i just want to say this remodel permit seems like it is fairly innocuous you put in new kitchen sink that was actually a large remodel that concluded the expansions of the leadership into the laundry area and removal of the laundry area into another area the permits from the 2005 actually list multiple permits one or more one was a exterior stair again, no permits required were meow not sure what the scope of the permits were without the planned if this is where i find myself what's in the scope and out of scope based on the two line descriptions you know i think we would agree with

the zoning administrator fwerp talking about windows that were sliders we're talking about windows that were horizontal or different lights that are taped or sort of in between glass and more divided lights or the details in the building had insignificantly all of the evidence we love our neighborhood and love where we live we're 20-year residents and committed to making this area my home we know that a third of our neighbors on the street we're committed to maintaining and being part of this city and this community there's a photo in the brief that shows our building with the windows not sure if you're able to see

it or if we can put it here is that it? you can see that at the top there's the historic wood windows and the bottom two have the vinyl windows we're asking the board to see whether this is inconsistent with the guidelines and again, when we went to the planning department was part of our condo conversion we were not saying legalize the windows the planning department asked unus to pull a permit and i'll respectfully submit our case to the decision of the board thank you >> i have a question so when have you discussed that with the sellers of whom you purchased the property at this point and no, we have not and because in the d t d s the area that says

works that's performed without permit so the full disclosure in the work is performed without a permit they need to disclosure that during the traction. >> we're looking at the option. >> so the pds indicated they're not done without a permit and it says no work was done without a permit we're going to have to look at our options with the seller. >> good case. >> thank you. >> mr. sanchez. >> thank you scott sanchez just to be brief a little bit on the permit history there are permits that were reunite from 2004 for fast frame and rear the cost 15

hundreds as referred for 20 thoughts u thousand dollars for the kitchen and the baths and in kind that are in kind with the nova that's $20,000 other work was scald there may have been done with the scope of that permit issued upon the statement of the permit holders so in regards to commissioner honda's comments there maybe work without benefit of permit that was not disclose. >> mr. sanchez unlike the case there was a period is this one of the situations they're not going to get the woirlt to convert unless they switch out their windows and meet the guidelines and we'll respect the decision the board makes open

the permit tonight and once that's final i'll the check with stiff staff but no provisions to stop us from moving forward. >> if we were to allow an extension of time you'll allow the condo conversion to move forward. >> we went our discussion saw what if we allowed the windows to stay. >> we'll defer to the wisdom of the board (laughter). >> anything further mr. duffy. >> just a comment from the pertain the permit antenna there's a number of building permits it might have seen better the plans to see them together it's not 4 to 5 permits

if you want to brief something here it's better to have the information here. >> except mr. duffy for the construction costs it's unlikely. >> the planning department don't have inspections in the fleet so the building we're also telling our staff to look for the windows if someone is putting in windows i see people have to hire someone they put in the wrong windows and we cite them it's not a nice conversation i have seen people in tears over that because it happens i think that having all the permits might have been easier i didn't bring it with me i doubt there's plans to show the windows. >> thank you. >> commissioners the matter is

submitted awning the planning department staff had their annual function it was quite a few years back didn't like my decision on allowing i was then only on that particular case i lost balanced 4 to 1 to allow the windows to stay i agreed that particular case which was where the vinyl windows were the real thin ones you know the cheap ones that the sunlight with the vinyl and that building it was on the cab brill this was a stucco box what was there before was limb

windows that's slightly different here a building that is reflected the snefts are different than my own in you look at it from preschooler a visible point of view in terms of the design what is so different about those vinyl windows vs. the wooden windows up above the tishgs texture you'd have to be close to tell most windows are painted with some type of enamel or something that hardens with the la text

paint the issue whether those two lower floors windows vary in technicalities it is your from what months people walking but they vary in depth to both distributors the width and the depth in my opinion it doesn't so i'm not as supportive as the premise port commission position in n this particular case. >> madam president. >> i'm also laser i didn't have slippery slopes so i'll uphold the department and figure out a way to mitigate the impact. >> i can go either way as we did in the past grant the permit holders significant amount of years to replace which we've

done in the past i do still think there's recourse in regards to the seller with possible responsibility to help with that or i can actually, i'm looking at the picture i don't see much difference either so i could go i have way commissioners as a reminder in the vote is 3 to one we'll normally do is to continue the case for the missing commissioner to participate in the final vote and so shall we talk about that here i appreciate what our saying but you know if you give a little bit then how much do you give or not give. >> the beautiful thing about the no vote it didn't apply the next cats could be completely

different and not set a precedence - precedent they if match the period of the property in the daze decade i don't see the big difference for those windows sorry planning department so either way i imordinance this particular case i'd insist we give time or a place i don't mind in allowing them to keep the windows. >> how does it work i can't remember in terms of giving them time. >> i think we gave them 10 over and over 15 years. >> i think they extend their own time for the permit we

didn't stepped it. >> the permit holders has to monitor that or their permit will expire they'll have to get another permit. >> the permit is i'll make a motion i'm going to move to grant the appeal and to overrule the department in terms of accepting the permit to legalize those permits. >> so is that air and abuse. >> not necessarily you need a finding the code and chart requires a finding. >> i understand. >> with the finding that the

new windows look similar to the original windows yes. >> okay. >> okay. we need 4 votes to overrule a denial to over roll the denial with the finding that the new windows look similar to the wood windows okay i guess i should put new vinyl to be specific. >> just vinyl. >> just vinyl okay with the finding that the vinyl windows look similar to the original wood windows arrest on that motion the vice president a absent commissioner president lazarus commissioner honda commissioner wilson. >> the vote is 4 to zero the

that building inspection and planning department is over ruled the department issues that finding. >> okay. we'll call the next two and last two items are items one both vs. the department of public works with the been approval with the stage permit on ashbury burger electricity of a alteration permit for new horizontal at front vertical roof-deck and 3 new bathrooms and have an it's and remodeled kitchen we'll start with the appellants there's 14 minutes to present your case. >> ms. gallagher i assume your

representing both. >> could you you have the projector turned on and left on for the presentation please victor can we move it up a little bit please. good commissioners good evening for your record mary gallagher working with the appellants michelle as a single mom that lives open the north side of subject property and also appellant the medical director for the cities nonprofits blood center and also a first time homeowner in the 6 hundred square feet units overlooking madam clerk, is there any further business before this commission? yard in the project site so we have a current view of the situation and the proposed building here we have an existing number one

compiling rear yard cottage added to one hundred percent of the buildingable areas i'm going to walk through you through 5 areas i ask you to keep in mind those are intertwined the cumulative impact that relatives if the appeal the first issue is by far the most important the vast and scale noting it's height and depth and lot coverage it's simply two large the guidelines is 6 design principles formulating is quote so insure the building scale is xhafbl with surrounding building when considering the immediate context of a project how the proposed project relates to the adjacent buildings but here's the site plan the

proposed building and next to michelles the permit holder will be 89 feet deep michelles is 39 and the permit holder here and michelles here this is not an apples and oranges it is containership no vote the second illegal construction a view from michelles backyard looking at the cottage this is her back wall the current bathroom on the cottage was built without permit there's a letter from the former owner awe testing to the construction no permit on file from any date if the permit holder takes issue he limping pout out the alteration

permit a 1950 permit only cooperated to a front section of the building this is also a near property window snaufltd about the same time with permit this is quality is not good this is what the original windows this is a 1910 photo of building although to the north and west fautdz it's obviously the windows on the other side would have matched you know see the close up the trim is not the same around the original windows and open page 6 of the historical evaluations of the permit he couldn't find a permit if at the states the window is

legal show me the permit although they could have initiated the abatement process they choose not to by looking at the departments complaint tracking system pointed out you have an illegal bathroom and illegal window and adding to hundred periods of time with another large have you window too much building for the site next this is ashbury street the project site and michelles backyard you can hardly see them in the darkness there's a elevation from ashbury like one hundred and informative feats the permit holders june 21st 9:00 a.m. shadow study was if

full sun with or without the project that never happens the terrain blocks the early sun it doesn't include data we're lead to building those yards get a lot of sun whether with or without the project but this is just not true those are danger very don't work spaces so far as project impact the project holders states quote we've done not guilty or i don't know how many shadow studies having no impact we look at the permit holders the proposed construction has minimum to no impact the picture shows the rear wall shaded before the project and then after the project sun shows up

so there's more sun with the project okay. this is not even possible; right? notless some of the cottages are removed which it is not we asked i the permit holder to explain that phenomena this is the actual sun coming around the front of the cottage the sun that the casting open michelles building this is proposed with the permit before you so this is our exhibit f clearly there's some shadow impact eliminates not been able or ablely this sun and shadow is reactor like our shadow analyze which was labeled equinox solstice fourth the privacy so the

privacy to acknowledge there's some loss of privacy but there maybe special situations correlate where a proposed project will have privacy to spaces that is a home that covers excess even if 85 percent of its lot special didn't begin to characterize the situation i want to note as the permit holder this one window is changed to horizontal so this large window is new and that illegal view window still remains okay 4th code compliance there's a very long-standing interpretation with you add to the front of a noncomplying structure not a 28 percent rear yard i need to priority provides

for the balance of the lot let me read the full interpretation on payment 9 of the brief the existence of a building within the rear yard could allow for the expansion of the buildingable area overall lot coverage up to one hundred percent this is contrary to the principles of planning code with respect to lot are coverage in those cases they have provided the open space on the site the requirement will be bans an established patterns of a adjacent development and would be virtuosity to the area that is, i provided by a rear yard equal to 25 of the lot whichever is greater the space has to meet the dynamic in section 35 the

zoning administrator shall require them require a varpsz the reference meets the minimum dimension has to meet it so this interpretation it's not about providing for open space on a deck that faces the street and only benefits the project sponsor but creating the open areas in places that benefit adjacent ben the author of this interpretation the former zoning administrator bob buildings the project didn't conform to this and the meanwhile is exhibit j i stated in the brief the last sentence does not relieve the former owner it serves in which open space serves no purpose so here we have the example you

have a rear congressional and it's front wall is forwarded to the adjacent neighbors these are blind kaufrldz twaulz you develop not higher than the adjacent building you're not effecting or harm any adjacent properties there our actually, two versions of the lot rule one is where there's two buildings it dmart disparity there has to be 25 percent of lot areas between the knowledge the department enforces the application of that rule so the rule we're talking about tonight is there are two parts of building or one building connected you still need the 24 open area established on the partner of the adjacent element the zoning administrators is saying if you want to connect

the two building all of a sudden that full requirement going away and you can develop one hundred percent of lot there's a gap in logic two levels of impact the micro levels that effect the adjacent properties but is making restraining order impact when i want to add to a cottage you can coffee one hundred percent of the buildingable area it's giving a huge incentive for developers to develop rear yard prospered do we want to get rid of every rear yard cottage? so this is the 1910 photo from the estate sale sutro radio restraining order with the developer and it was like a lot

of rear yard congress's they're significant they're the earliest home on the block this ashbury cottage was landscaped for every passerby to joy and theyer quirkier or i didn't in architect they're one of the wonderful qualities about architecture in san francisco the difference of pittsburgh it's building types some buildings can be replaced rear yard cottages is not one finally this coverage at a policy level promotes the distribution of rear yard cottages and relatives in a building for two large in so doing blocks the sun

unnecessarily and overwhelms the fabricated neighborhood this is the full rear the building again, it is just like your shadow analysis that the back the building at 8:50 a.m. no subpoena on a sunny day on november no sun sunny day this is today at 10:00 a.m. the sun is high in the sky this is the{window no sun are we talking about a lot of sun no, not a lot but a large proportion of the little sun this effects michelles backroom and every room in their unit thank you