variety of the lots and the requester is the same depth as our subject property we also have an aerial view of the google's maps this shows a wide variety of the apartment complexed on the subject lot in the neighborhood so we feel we're in keeping with the subject of the neighborhood pattern second point that the gentleman made is that the subject property is block his light and air and we can show from it this photograph he's in shadow by the structure of the existing structure

in addition the subject properties is located north to the dr requester and casts a shadow on the property and the third point that the gentleman made is that if it was more a space for a view person looking for then you'll support the variance for the edition but going further into the lot will be in contradiction to his first point which is to say the lot is substandard but to go further is a negative to the property we've been actually very counter of the dr requesters light and air we've set back the front of the property by 15 foot to allow

for his property line windows which he has property line windows here and the addition will be set back 15 feet to respect the neighbors light and air on the windows we've also set back the property 3 feet from his property to allow for more air to his already in darkness light well this the scale of the building which the way less than the dr requests massing on the block we have a letter from the neighbor on the right of the property question also have an extensive shadow study since the subject

property is north of the dr requester there is no way we can cast a shadow on the neighbors i have all the drawings here showing the different times of the years and the neighbors is casting shadows onto the subject property we believe that the dr requester has views from his windows we'll be blocking with additional footage so in conclusion we would like to to respectfully request that the dr be denied. >> thank you. >> thank you other members of the public who wish to speak in support of project sponsor.

>> okay. seeing none dr requester you have a two minute rebuttal. >> i'm actually going to just continue what i was trying to say the communication one of the major concerns it's inadequate because what you have here okay by the way, you have a full bathroom i don't know how that is on the main floor i don't know how that got done but what we have here if you see this area you have a the 2 floors but this area here you have the stairs going down yet they're going to have this be the last floor and if you go to the

sections you'll find out that i don't know just - uh-huh if you go to the sections you'll photo there is a basement floor and fwlarg and beyond that garage floor this is renovated i know this because i looked at the plans and this was not sent to the neighbors the first objection to resend the notification to the neighbors but you have two ground floor on the ground not seen by the neighbors in addition to that let our project sponsor not convince you the only opposition is from the neighbor it's from a whole a lot of the neighbors across and down the street they've written letters it's

6 o'clock now there's no conflict with respect to make concession i called the architect and we talked about it but they said no there's going to do anything. >> your time is up. >> thank you project sponsor you have two minutes. >> we actually got an e-mail from the lawyers of the dr requester and we actually tried to compromise and proposed to move the additions further back and to bring out another point from a person that's against the project we're not will blocking his air across the street only views and they're not protected by the planning department and the light well, this is in darkness we can't possibly be blocking his light and air on the neighbors it's not possible

so the we totally in keeping with we met in the planning department and went over the guidelines and regulations and in flu compliance with the project we've been delayed for most it was july 21st and now this is the middle of october and along the way we've had roadblocks we've mitigated with them they've agreed to support the project for those reasons we would like the commissioner to have the zoning administrator denied and the project move forward thank you. >> with that, the public comment is closed no, i'm sorry sir, in the commissioners have questions they'll ask you. >> commissioner antonini. >> yeah. i port the project for

the reasons states first of all, it's been pointed out that the subject property is to the north of the dr requester it's hard for light and air to be blocked by the project it is where it's located secondly, the project sponsor has set back the project 15 feet in the front that is respectful of the property line windows but the set back likewise those to be exposed and 3 foot set back all along by the project sponsor that allows what light to get into the light well, for the dr requester so i think this was answers all the concerns that were raised except for privacy and i think from what i can tell the windows are quite a ways away from the project and bring in shades but i don't know why

they have to change their design in regards to the privacy issue. >> commissioner hillis. >> i agree i don't see anything extraordinary kind of the front deck maybe you can address i think and i agree with the commenter we see a lot of 0 boxes we set back them 15 feet their supposing not available but take up 15 foot with the deck. >> the 15 feet the neighborhood has windows on the property line we had to push the front of the building up to 15 feet to allow for the windows to maintain daylight and air so in addition to the neighborhood. >> you said do front of the on

top of box is set back 15 feet. >> the addition is set back 15 feet. >> we were able to build closer to the property line if not for the windows on the neighbors property line. >> no, i get it so that's all i don't know if there's this is going to take off the deck but it kind of enhances i even it's good to at the time e set it back 15 feet the point is not see the third floor addition. >> commissioner antonini. >> yeah. i can sort of see what commissioner hillis is saying but basically our eye probably as long as the deck is pretty

flat there's a clear railing there; is that correct there's clear glass or something i don't think it imposes i'll move to not take dr and approve. >> second. >> commissioner johnson. >> thank you i have a quick question of what i'm looking at my question for the project sponsor is are they taking a two unit building and adding a floor a usable floor to each one? >> in the proposal is two units and the proposal is two units. >> so the existing unit has two usable floors. >> the basement is being we've

refurnished. >> it's part of the i'm reiterating the refictitious t is part of the remodel after the remodel basement will have one or two bedrooms so you have two units both of them have two floors. >> that's correct. >> okay. that's clarifying what i was going to ask. >> commissioner richards. >> one of the things this must be my day i've lived across the street when my architects had a dr situation and actually, it is not as bad as you think it doesn't have it is not massive and there's a lot more light and air and certainly the railings is not as high as the building given 4 feet it doesn't raise

the building with the shaping - landscaping commissioners, we have a motion and a second not take dr. >> commissioner antonini commissioner hillis commissioner johnson commissioner richards commissioner fong and commissioner president wu so moved, commissioners, that motion passes unanimously 6 to zero and places you on item 15 at 3826 to 28 caesar chavez discretionary review. >> good evening planning commission david washington the south west team leader the subject proposals an sharlz street to reduce two illegal units on he caesar chavez street

between delores and church property is 25 street flowage and one hundred and 14 feet deep with a two-story victorian that contains two stories in 1990 with one thousand 4 hundred and 37 square feet the detached cottage is between three and four hundred square feet the property owner died and the two legal flats are vacant and it is - the tenant is residing on the property since 2345067 paying over $1,400 per month it appears it is in existence for a few decades that is confirmed by a

planning department the tenant called dbi and the planning department approved the permit and ms. miller appealed the permit and it was substantially suspended the board permit hearing it was currently pending the board of permit is preponderance of the evidence the outcome of the plan for the review issues raised if the b r application don't pertain to the guidelines it was determined the mayors policy applies to property with 3 or more legal units

also the chiu legislation the only avenue of legal cottage will need to be initiated by the property owner and have to be eligible for prescreening as stated earlier the subject owner died in july 2013 and handled by an unrelated neighbor neither party is ready to navigate of the process they found it hard to have the people participate in the legal process that concludes my presentation. i'm more than happy to answer questions and dr esquire requester. >> the dr requester present.

>> okay. >> evelyn miller is not here any public comment supporting the dr requester project sponsor. >> you have to come to the podium to speak. >> i'm the trustee for ella campbell we have a list of all the neighbors that has that are in support of the permit and basically, we're trying to do is sell the building most of the hearings live in germany and also in the neighborhood for 40 years

i've lived in the neighborhood almost 50 years i've been looking after here all those years and she made me trustee in ore will the bottom line we're going to sell the building as a legal two unit building and this is the building in the back sort of mud he lives that picture whatever happens after the building gets sold t is up to the new owner if they want to go with the city and made it into an illegal unit basically, we're moving the refrigerator and the stove incorporating it into the lower unit a leadership, a dining room a kitchen and bathroom the woman that lived

there lived in the dining room the electricity and water come to the lower cottage we don't know when this was done so. >> okay. thank you are there members of the public in support of the property owner? if you'd like to speak >> i support the project i with all the neighbors except two they were on vacation submitted their signatures and i think that's part of our package i'm not going to read off all the names bye we all support the project only to incorporate i helped to take care of her prior to her dying i've known her inform 10 years that's what she

wanted so that's what we're asking. >> okay. thank you so formerly i believe we should offer the dr requester a rebuttal and the project sponsor if you want it. >> i don't know what to say other than as the trusting trustee to carry out the wishes of the disease only to say the entire time she lived in the building she never charged the appropriate rent for what she was offering people also below rent and never raised the rent to anyone that lived in her building he was the ideal

landlord. >> okay. thank you without the public hearing is closed okay. thank you to commissioner commissioner richards. >> i appreciate the honesty of doctors but not letting us take dr regarding the mayors policy it's a play on words two or three legal units this is an affordable housing unit if we don't take dr we're creating more have a problem than were trying to solve i couldn't sleep at night without doing that. >> commissioner hillis yeah. my question to the i know i'm getting confused why not

sell it as is with the tenant in there commissioner richards is right what if we grant this permit you've got to take a kitchen out of somebody's living room if you're intent to sell it for thees state why not sell it it probable has more value. >> if it were a legal unit it could. >> he's the trustee not a relative he's given the task of selling this prompt where you have a tenant that shows she's going to fight and delay the process quite a bit so if his job he simply doesn't have the money to go through the legal process and the value of

property will go down significantly if it is on a illegal unit along with a tenant that is not cooperative. >> properties are sold all the time. >> recommendations the planning department after they did a thorough review of the situation that was basically a shack at at some point in the 18 hundreds it's metered to the lower units and just briefly from any experience going to devalue that building so i guess his duty is to sell this property at the highest value it will be a problem to sell based on the realtor we've tacked to when you have a litigious tenant.

>> so say if you have tenants in the other units that will be higher value. >> this was the owners unit and essentially it is an space just from a practical standpoint she will not be able to stay she's not a protected tenant. >> this is not a rent boards we're not - >> she and okay eject we got it. >> at the same time someone is going to move on her moss. >> commissioner antonini and i have a question for the attorney as far as the tenant is

concerned he's been there since 2006 does she have a lease. >> a month to month. >> what was she informed this is not a legal unit. >> we have no idea the landlady is deceased we're working for the trustee and unfortunately, we don't have the dr requester to answer those questions. >> it's not respect. >> it would be different in the tenant knew our renting this place to you but it san antonio isn't a legal unit you have no protections under the law and if something happens to me, you have to leafs leaf it's hard to

find out unless you do research this is important to know the other part you're talking about the lower unit and you're saying the cottage is used or would be used as sort of a bedroom space for the lower unit because the lower unit. >> - >> the planning department agreed with our assessment of it it would be considered an adjunct space so it's almost as if she were renting a portion of her own unit if a person is living in our own unit you don't need justice cause. >> okay. technically considered the cottage is considered part of the lower unit. >> right.

>> and where. >> it is it is it's all metered together and the planning department determined it is part of the adjunct space if you read the planning department their determination that's metered that way as well under the law even if the owner lived in that unit in the lower unit she could actually determine the tendency of that space without cause. >> andz i have another question when the disease woman mrs. campbell lived there where did she live without a bedroom in the front. >> she lived in the dining room it's an old space and paid for the housing guests she could be

termed without cause. >> andz. >> either in the board law but the main gist of our petition he didn't want to sell this as an illegal unit you the two issues one in our provision whether or not the kitchen should remain with the illegal united and the issue of the tenant which is not she is not protected but that's not for us to determine. >> it's really is sort of the same issue. >> it's a little bit related the other part we can't as a commission force you or a future buyer to legalize that it's kind of a hard situation. >> the planning committee realize that. >> it's staffs recommendation thank you for your time and

other commissioners have questions. >> commissioner richards. >> i guess what gets me it's confident for the entertainment to be there to pay money but now we'll kick her out this is what's happening to our city i could not ever support that just sell the building as is. >> what did you do as somebody they've lived there she's gotten value at a reduced price this is happening, sir all over the city. >> i'm talking about all over the city how many landlords do you have died. >> sir, sir this is where i'll ask the city attorney we'll take dr and take the permit can he

have it legalized and take the dr and demolish the entire structure i can't give them that. >> take dr and deny. >> take dr. >> commissioner president wu kate from the city attorney's office there are a couple of options here i'm going to try to lay out and planning staff may have something to offer the commission can't take dr and approve the project or not take dr and approve that the commission couldn't force the owner or the trustee to affirmatively apply for another permit to legalize the unit what will happen