space open to the sky that can be activated like a lobby to a hotel as you're walking up and down content members could pass through and seating and benches we've agreed with the dog patch neighborhood association with our hoa that will allow for a mechanism for them to contact our hoa in the event they want that space for a social gather for the health and safety a hand in hand process to come up with hopefully there this is the solution. >> so i somewhat agree that is a tough sited for retail but i'll be supportive of including our motion i wanted to look at the design the materials you're using are good and a quality facade but a little bit more unified i think it would be

better and if this building left would read more line a like a building and keeping the roof and adding back the windows would be helpful to that. >> yeah. i think it john would recycle to say something but adding the windows back if there was another rendering with the middle awning that was open to that suggestion that was great. >> i guess with respect to the more unified building we didn't bring the entire history of the design process in i think we started with the building that was more unified it it of the one color pallet and one statement on this site corner to corner, of course, we liked it but in meeting with the

neighbors they reeled really that wanted us to push to break down the feeling on this site not one 5 story from building to building and in other cities maybe it looked out of place in the neighborhood but what's great about going to the neighbors you get to meet them and have dinner and design a project with the neighbors that's why we feel great we support the design and so don't everyone we didn't get to show you the unif i had building we arrived here through is process and have support with the neighborhoods. >> thank you. i think that's a helpful comment i'm ready to support the project today and ask staff to continue to work

with the project sponsors especially on making the brick walls appear more building like but i think it's important to hear about the history with the neighbors to staff work with the designer but incorporate the historical and work with the neighbors also. >> commissioner johnson. >> thank you very much again also in support of the project the reason why i asked the question about the push for this project this project is one block west of third street i see that third street street is where people come in that building is particular will be close enough but i was responding to more the general public comment about retail in the large residential building and again looking at this map

that is beautiful bay it shows the projects within a half a mile definitely some in my mind i know where stuff is they're not close to the things open on third street we need to be more broad in pushing for ground floor retail it's not the same honestly, i feel like some of the projects there are a couple over other streets i'll not be supportive of retail because those are foster from the walking distance more of a general public comment. >> thank you commissioner antonini and i'll move to approve with the staff working with the project sponsor checking for retail in the corner of the preserved brick building is possible

number 2 to consider the restoration of the windows in the plan on this same building and thirdly, to look at the facade i think it's along 30th street if i'm reading the right direction might be steven to carry out the - a reference is masonry to the masonry of the building it won't have to go up 4 feet i guess but the concrete looking siding doesn't apply into the building those are the 3 things i see that need to be addressed and commissioner richards. >> i'll be supportive of project providing you'll take it back and have the with these in

and put the awnings in. >> just want to make the point from the discussion the commissioners were satisfied that the retail was not necessary at this location across third streets but additional retail on the center for the third street corridor we're fine with the other conditions the problem with the railway squeezing it it will have a 17 floor to floor to ceiling the redesign it is not going to work to show in a retail space. >> can i speak to that my motion said to study it not to do it. >> commissioner richards and i'm done thank you. >> commissioners, if there's

nothing further there is a we have a motion and a second to approve that matter with conditions including for the project sponsor to continue working with the staff on a retail component potential to include the windows in the brick building and the 20th street facade on commissioner antonini commissioner johnck commissioner johnson commissioner richards commissioner fong and commissioner president wu so moved, commissioners, that motion passes unanimously 6 to take a 10 minute break. >> back to the spags regular hearing for october 16, 2014, i'd like to remind members of the audience that the commission does not tolerate disruptions of

any kind please, please, please signs our electronics and and when speaking before the commission, if you care to, do state your name for the record. those of you standing near the doorway clear the area move to the other side of the room folks those of you standing excuse me. gentlemen those of you standing next to the doorway clear the area commissioners we left off under our discretionary review calendar for the cases d and v ottawa street discretionary review and request for variances. >> commissioners my name is sarah of the department staff the item before you is a mandatory discretionary review for a demolition of a unit inform coal valley the project

sponsor was granted a permit and the building was demolished the building is now parking lot reconstructed and the process is legalized the don't guess in january, the department staff were in a meeting of the decisions and on march 62014 the work was done consistent with the scope that was approved by the planning commission and starting in fall 2013, the complaints were filed with the don't guess a dbi nova was issued that the escape of the work had been exceeded and complaints at the planning department were not filed in early 2014 they get a letter from the project sponsor to

legalize the construction of the building the department outlined 3 processes necessary a building permit and mandatory discretionary review for the depression demolition of housing and a reconstructed building will not comply the permit was filed on march 192014 and the mandatory discretionary review case filed on may 17, 2014, section 311 notice on accept set that and a public dr was not filed and the department did not receive my calls regarding the project during that period on october 9th the department got an e-mail from a neighbor and the neighbors property is behind the designated property the majority of the neighborhoods concerns were

addressed they want a privacy screen at the rear of the proposed building overall the plans reviewed during the project review under the 2013-2014 is generally consist in how the building was to be additional it eliminates a set of stairs and two windows in the rear notch area, however, the demolition exceeded the scope so i have quickly for you a little - so in terms of what the neighbor is requesting 24 is a subject property that is the area of where the notch is proposed to the replacement building and the neighbors building this yellow line it to my left is the property line there's a screen to be mr. there and the neighbor wants at that

perceptives screen there a that's what they're to talk about today public works if you have any questions, i'll be happy to answer them. >> thank you so seeing this a a mandatory discretionary review the project sponsor has a presentation. >> good afternoon you commissioners john with the rubbing benefit and rose on behalf of the project sponsor the project will remedy a demolition and certify a dwelling unit and danny will come up here and explain the situation. >> planning commissioner allison park danny the owner thank you for taking the time it's on a long and arduous experience when i bought the property i learned about the property thus my architect and i

left the original structure intact and allowed the improvements to be made when i engaged the construction we talked about how the incan saycy the abdomen contract said he understood the project temporary shoring was built to shore it up on friday, october 18th of last year the original foundation was standing but when i came back the structure was are torn down only the for man was on site i called my contract contractor he that everything was all right, of course not everything was fine he never once asked my architect or i if we needed to dpoosht

walls this is not what i authorized and not the plan i fired any contractor and hired on attorney for the damages i invited the insurance companies i don't know what the damages are i'm not planning on flipping this property this is a perm and difficult process for me it's also been extremely expensive it's trying to fix a mistake made in one day i'm trying to enjoy my property. >> so to recap if the building inspection didn't authorize the demolition as danny explained the contractor resulted in a demolition of the building you

know requirement the demolition criteria work stopped as soon of the notice of violation and we requested a letter how to move forward we saw the demolition application and we're here today the project is almost the same as in 2013 with modifications made all property line windows have been removed open the north and west property line we've removed access to the roof and specifically engaged the northeast neighbor to get his input on the privacy concerns there's legitimate privacy concerns regarding the two lots and we've agreed to add the privacy screen and removed the windows in the notch f facing north towards his

property he was still requesting we had a east privacy screen along the eastern side that 0 boxes in the notch that's in the necessary to protect the privacy of any hope full board home for several reasons we've done a site line analysis i'll put on the screen basically, what you'll see is actually - so this way is north and someone is looking at from the far end of the window this is the farthest line they see across the property this is the view corridor that is potential from standing at the most extreme point i want to show you the pictures of lot looking at this direction it looks like because there's construction going on tarps covering the

building but significant amounts of trees blocking the verify in this direction so we don't feel like the privacy screen on the east property line is necessary and in fact, will box in that part of the project we have the support of the occupants on the east and west and if we lost this we lose a lot so we respectfully ask our support. >> we'll open this up for public comment (calling names). >> hand this out are you going to do hand those out. >> yeah. 0 go ahead and thank you very much for linking to me,

i'm steve worthington the owner on congratulating to that backing up to david proposals i've been working with david and john with over a year in trying to work this out and actually nothing is really come together in my real conclusion until i saw the package that went to i all some of the things that are resolved the east boundary the previous structure was booelg there are view into my property that was not there before those are the drawings that were first no windows and roof access at all this contrary to what was said about poor construction we have

photos of the entire construction this building was purposely hidden from view so the whole foundation was placed in this site under a permit that was for adding remodeling bathrooms and kitchens and some anywhere foundation work those are photos of the new foundation we let the people into the property to deal with the foundation we become concerned when the upper parts of the skin were starting to be removed that is not just a kitchen, bathroom remodel he had a permit that was not for public review this is what's built there now there's actually a window in that is built this is not pie in

the sky a window facing north and east and actually windows cut out along the 239 property the plans shows the stair the stairs currently goes to the roof given what i've been through with daniel i'm mostly concerned about combhafs going to happen this is a property view with the notch this is a view from the window a lot both any property with the screen if you add the scene you'll see this you can see through the screen that is a view from the lower bedroom and the stair he said he's eliminated the window but this is his screen this is a set of drawings i gave to daniel. >> thank you. sir, your time is

up we have your presentation. >> can i say one more thing. >> i'm sorry. >> next speaker. >> hello my name is dorothy i'm steve woshth tons wife and the co-owner of gratton my office my home office i'm a landscape architect sticks anti into the backyard i've been watching the construction i finally left a note and said d can you call me and let me know what our doing he said we're not making changes at all to the building you see i said okay. fine i let him work on the foundation as mr. worthington

said at this point, i saw over a three or four week period i have time dated and stamped the old side was sawed-off with a new foundation i checked the permit and said that's not a minor go foundation and over the period of weeks they finished that part and took the siding off and left the roof up and then over one can i they took the roof off so officially not one stick of the original thing that was very sneaky and methodical and i don't bye for one minnie went and all of a sudden the moss house is demolished in one day i mentioned i said why did you tear it down i'm not trying to stop you but we don't want

changes we've been there 23 years he said daniel told me there was dry rot so we had to take it down i don't think he is forthcoming about the demolitions i don't trust they're not going to leave the windows and have a roof garden and after the building is signed off punch in another stair and butted put in a roof garden we've lived there 23 years with complete privacy we're there everyday in that backyard my office sticks anti into the backyard a that's it i want them to not come back and add a roof duke deck thank you. >> thank you. next speaker. >> my name is carl i live on

gratton directly behind the current you construction i think my main concern a cottage was back there for many, many years and somehow completely demolished under the presence they were going to remodel a bathroom and do some plumbing and anywhere foundation work well, the entire building was taken down and windows that were looking into my backyard and there was a misrepresentation and i think it's our concern we want him to go forward with his property but want to make sure we have the privacy we've also had i lived there for 45 years it is a unique property we're in the backyard and we're concerned

about having a roof tape garden open a 2 story building that was originally cut ought to be a cottage so i wanted to reiterate that would have a guarantee we're not going to have a rooftop and their windows will be alternated thank you. >> is there any additional public comment seeing none, public comment is closed commissioners. >> commissioner richards ma'am, i'm trying to understand the timeline i hear the building came down in a day and the pictures were over a week is there comments can i help to constrict the timeline and as far as the dbi complaints i believe the complaints were in

late october and maybe around the 29th and the nova was filed on the first, we have documents. >> add a few more dates the permit that was issued did have inspections and it looks at as if the building inspection was there prior to pouring of the foundation and i think the date was on september 18th and then we have the statement by the project sponsor that on friday the 18th of october they left the building was standing and they came back at the end of the day the building was down and we didn't hear anything that week and on monday the 28th there was work going on that caused a complaint to be made complaint is filed and the

building inspection said on the 29th that states on the 28th it was objective that the work was exceeding the scope of work 33 and they issued a notice of correction saying they hadn't gotten the correct permits. >> another question for mr. worthington or his wife may you come up my question if i knew the scope of the work was exceeded with photos from the prior week did you make any attempt to call dbi. >> yes. we filed with dbi electronically. >> do you have copies of those. >> not with me. >> mr. sanchez a record. >> it will be available in a publicly i'm looking at their website they're showing there are two complaints one files on the 29th and 30th of october and

those are the only complaints in the system. >> just to be clear on broad with the remodel of the building as is and so up till you know what major foundation work that was not until we really realized the envelope was changing contrary to what was said we become alarmed so we're not i mean, we bought our property our backyard it's 18 feet high loans it stays benign we're fine but not with the windows and stairs. >> my issue if you have a foundation a bathroom or kitchen whatever the permit was for you cut holes in the walls clearly

this was something that's not authorized that concerns me thank you. >> commissioner antonini. >> yeah. is a question for staff as to the and a half of what was before us this plan we're asked to approve includes the windows as they've been places on the building can you show me which drawings. >> i'm trying to figure out - >> when i look on sheet a-2.1 and sheet a-2 point zero. >> yeah. >> i don't see windows that face north to the neighbors property. >> oh, yeah. >> there's a window facing east correct and yes two - so on

a-2.1 sort of a dashed line on the left which is at the north property line so that's where the privacy screen is proposed opposite on the wall a door to the deck and perpendicular there's walls those face east so they don't face to the neighbors property. >> the objection the stairs there's no decking in this project. >> there's no stair. >> our approval will not allow that and any addition will be contrary to approval. >> so one of the things i think perhaps when there's a wall there that exists where this door is on the same plane leading out to the deck my understand i