second. >> so there's a is there a motion and a second requiring a roof hatch for the roof-deck if not possible eliminating 9 roof deck on that motion commissioner antonini. >> commissioner hillis commissioner johnson commissioner moore commissioner richards commissioner president wu so moved, commissioners, that motion passes unanimously 6 to zero commissioners that places you on item 12 for case d at 435 tenth avenue this is a discretionary review. >> this is an item for a request for continuous that's not supported by the that project sponsor. >> let's take the issue of whether or not to continue.

>> i ask we continue this until networks week. >> there are no other items and february 5th is extremely full you have 1, 2, 3, 4 essentially 5 but one is 4 drs and, however, the week after. >> february 12th is on. >> i'll make a motion to continue this to february 12th. >> first on the issue of whether or not to continue is there any public comment? >> hello, i'm david on behalf of the pardon we're the ones that requested the continuance. >> the dr requester. >> yes. >> and i just want to point out that one of the things that was pointed out in the last week, a project sponsor

architect can't be here today and we're hopeful that the same kind of analysis was given to the new project and will be no assistance to occur so besides that we have requested it because we do not have everyone in our family and team available to be here the project sponsor tracey's is here only with the permission of her employer but if we have to go forward we will but i prefer to continue it. >> is there any additional public comment on this question of the continuance? >> face up on the projector.

>> good afternoon commissioners my name is in this case i'm the applicant on 435, tenth avenue although we want to proceed we've been in close condominium conversion with the last rvtv channel 3 including a meeting to discuss the project i think we can clearly describe it's merits and we had a meeting with the gentleman by phenomenon and i'd like for not being here in the last 365 it's been 2

hundred and 65 days we've having had four final designs that are supported by itself city the decisions were made in our favor by the san francisco planning department there's been appealed on multiple occasions the san francisco planning department has had to put it the hardships westbound self-inflicted and no extraordinary conditions existed the planning staff suggested the sunshine ordinance and we had a renotification due to a typo when was time to schedule did did hearings the last hearing was studying bit the dr requester even though they choose today the dr requester appealed that this is a considerable impact and it is

important this is a brief i cannot discretionary review the dr requester was notified of today's meeting and had ample time to be here. >> thank you. is there any additional public comment. >> christopher i live across the street and am in support of dr the most important thing this was originally called december 4th and the gentleman property it he inflicted the hardship and second this date was inconvention i'm a lawyer in a large firm it's important we requested a few minutes or continuance in good faith mr. morgan couldn't be here i was

scheduled to be on a business trip to new york state cancelling a deposition so a continuance is the first request he's had his own request for continuance and the architect should be here the project needs to be modified thank you. >> next speaker >> good afternoon madam chair i live on and on in the eery think this is the first time i've come to my meeting a proponent is asking for a continuance the project sponsors architect is not there i understand if their architect was not there or someone was not able to tell their story i appreciate their concern for the project sponsors but this is as the gentleman said just a tactic for a delay i'm not an attorney

like the gentleman spoke i'm a neighbor who lives here i know we're working in good faith please hear this today there's enough resources to tell the story outline and a they want to do a telephone tare story. >> thank you. >> next speaker. >> good afternoon, commissioners thanks for the moment i'm a neighbor in the sf richmond district and want this meeting to have it took place this evening. >> is there any additional public comment are you the dr requester. >> my husband is out of town as stated and this is going to be difficult if you ask me to make

concessions without him so this is really a hardship thank you. >> thank you. is there any additional public comment public comment is closed. >> commissioner antonini. >> i'm going to speak against a continuance only from reading the materials first of all staff is supportive of project and has commented under our pending dr this project will not be referred to the commission and it seems like it is fairly minor situation, however, payroll some changes were made and now a contentions is project didn't contain the changes i don't think we have to continue it if the project that staff is supporting was modified again,

we have to figure out what that is we can take care of that tonight i don't know what we're going to gain by having the architect of the project sponsor here presuming the project sponsor himself and any people speaking on behalf of knows what the project involved. >> commissioner antonini i wanted to clarify this project was revised from as earliest versus back in september i filed a dr and revised since then by not further revised i'm going you referenced was to - >> i'm reading some of the correspond if the attorney for the dr requesters i believe and they're talking about certain things that apparently were in

there and not quite there there were changes in the beginning but we can figure out that out today or another day. >> commissioner richards we're requested by the dr requester one of the dr requesters to continue this because the dr architect. >> in the other architect. >> the earth for the project sponsor is not here and the dr husbands s husband is not here from the last dr the earth are integral to the discussion that's why i ask for a continuance. >> commissioner hillis. >> so i'm omitted to continuance sometimes the architect is not needed (laughter). >> so $0.83 it's clear let's

move on everybody is sitting here for hours. >> there's a motion i've not heard a second. >> let's hear the matter and dr requester you have 5 minutes. >> i'm sorry excuse me. >> thank you. good evening commissioners david lindsey department staff this is a discretionary review for the project on tenth after the property on the east side of the street between dwraer in the inner responding it is rh2 project consists of a rear edition it included 1, 2, 3 story components the 2 and 3 component measures 24 feet in width the 12 foot by 12 foot incorporates a roof deck and

provides set back as mentioned earlier and earlier version of the current project was simpleminded in early 2014 and subject to neighborhood notification in the spring of last year the original project supported the one story component consisted of a deck manufacturing tenth feet in depth with a 5 foot set back on the south side and an 8 foot set back on the other does the discretionary review was scheduled for september 4, 2014, just prior to the hearing the project sponsor enjoyed the department he wished to modify it in a way to modify the notification and the dr hearing was thus continued indefinitely to allow the department to

concluding conduct the now modification that occurred last year no additional request for anothers discretionary review were submitted and the dr request was maintained the dr requesters is sidney morgan and others located adjacent to the north of the subject property the dr requesters concerns are this the project will effect the air and privacy to their home it was revised following the discretionary review and found the following at the massing the proposed edition respects the massing of the neighboring building for the dr requesters the proposed height and depth relate to the north and no windows are proposed to the property line

wall that is set back one foot it set back to the light and air to the south the project which includes a deck on the roof would not effect the privacy or light and air of the neighboring prospective the proposed rear deck will project 12 foot with 5 foot set back on each side the deck will not present any unusual effect on the defense lawyers property the revised project is not creating any extraordinary exceptional circumstances and the commission not take dr and approve the project as revised >> thank you dr requester your team has 5 minutes.

>> hello, i'm david i'm here on behalf of tenaciously and sid nen new there was a much smaller project and had fewer impacts on ms. that is weston and mr. morgan the department recommend inform discretionary review to occur since that time the project sponsor took the plans that were less than twenty-four hours notice and expanded the project not only in depth into the volume as well as square footage so and the department still buildings this is there

are no xooernd exceptional circumstances we totally disagree first of all that building first of all, some of the changes that occurred we're only asking for a minor modifications to make it centennial preapplication plans showed that there would be no light set back ones the side from the third floor and 12 foot projection we had several meetings and made several compromises those compromises concluded 80 a two foot set back and reducing the set back and relocating the stairway and included minor modifications today they've taken those things back they don't agree to my any of those we think that's not in

good faith and since or since the last scheduled hearing no communication with the adjacent prove or disprove he refuses to meet with us i want to point out this is the larger decks have been capacity the yellow area show where the decks are expand right here a spa and living room for the folks this is the impact of those decks on it is like inviting a party into our suprais that a or living room those decks don't have to be that large we're asking for them to be reduced in size those are exceptional this is the light to the existing dining room i'll show you where that is at this is the dining room. >> move up on the screen

please. i'm sorry this is the dining room window this is the expectation that was set back previously in previous plans we're only asking that be reduced by two feet this is a loss of 17 square feet of liveable space donate it we're asking for a minimum we don't care if they extend into the rear yard we don't want a deck and stairway next to the is that a i'll give the rest of my time to my colleague. >> thank you my name is tracey west my husband and i own the property next door we have three children we moved over 20 years we purchased our queen victorian and moved in lavish day the

first family built the home and the children had to go to the nursing home we've spent several years trying to restore the victorian but we did a lot of structural and major repairs trying to keep the homes history intact and only having windows that are custodian owned as long as we own this home we'll maintain if the recession was full of kids a large dog or two many celebrations to the sires wedding this was before many of the homes in the neighborhood

the homes were built for the light and air consideration not the design that removes the light and the point - >> thank you yourself time is up. >> speakers in opposition to the project. >> christopher and christian short and ali short. >> excuse me, sir, your here representing someone. >> i'm a property owner and have been for 20 years. >> directly across that's my first time point will standing here i live directly across from the project the letters of support have two brrpz that front geary street and i like

being catholic this lady is catholic with all due respect unlike all cities we have a tradition not envelope to show you the code by extraordinary impacts like automatically light and air it's your job to scale back projects we don't live in a city that encouraged mansions we desire everyone to improve their tax property but the project here go too far in several went first, the process that was used i attended the 311 hearing before the proposal was made and the proponent made several concessions they scaled back 9

deck to not overlook the yards and giving privacy there's one window in the diagram one window on the side of the ancient victorian that gives light they gave a set back when the project went and was proposed they pulled that back on september 4th and proposed a project that went over the top so people would be overlooking the is that a and the backyard and the west of privacy and gave no relief on the privacy i've been in the homes of the presented and the west home numerous times this is totally unfair and there if there's an issue that involved

extraordinary impact drarts or there is a lack of privacy and taking away the light sources in half of the home and making the victorian dark this is the original project that was proposed had a 2k3wr579d relieve we ask the project be scaled back this is one reason i wanted to architect to be here to show you folks it can be accomplished. >> thank you . next speaker. >> hi, i'm kirsten i'm the old daughter i remember the day we moved into the home it i was 7 years old t i was unaware it was where i was going to have my childhood memories and the history i find important is the

one we've made together in the house we've cherished this by - as my mom mentioned there was a lot of repair my brother and sister and i laid down tile in the family deny and those memories in the past of i've moved out i hear about my parents renovation project it is my parents to pass their memories down to one of us and their children and so on and so forth i'll someday be responsible for the parent and they'll change the hard work and the memories i'm affording to creating i'm concerned we wouldn't be able to enjoy your living room i worry about our

girm e dining room it didn't receive light and we're asking for design changes to enjoy the homes going forward thank you. >> >> >> next speaker. >> i'd like to thank you in advance for your consideration i'm the second daughter of tracey i want to talk about the memories and the adjacent property in question this is a micro climate the funding in the richmond district a part of san francisco other than the occasional days one that has to escape the district those exemplify the natural light the move into the property our family has spent countless hours

in creating the definition after a house in order to create a safe living environment the vic transparence architect those changes were not overnight and involved the grand parent and all family those are taxing the hard work paid off more memories developed a recent addition a barbecue with our cousins those have been hanging out and upon learning the project the sunlight will offer see into ours and encroachment our on our lives this structure will block the burn that allows the natural sunlight into that particular

room i ask you that the memories not be dismissed during the design of the applicant proposal so we can enjoy the amenities. >> thank you. is there any additional public comment. >> okay project sponsor your team has 5 minutes.

>> good afternoon, commissioners. >> thank you for your time i'm sidney a my husband and i home hope to move on working with george a local architect who have over 20 years experience we'll benefit our children ages 5, 7 and 11 we purchased this property and intended to do an edition from a feverish we become recipe in the united states in the last 365 days we had dialog with 8 of how neighbors people don't want to get involved, however we are here slides 3 through 10 we find

the process give the property in relation and the fact they've completed a roomgsz in an effort to have a space better now the three children are out of the home we are not allowed to do the same the dr requesters have expanded 40 feet beyond our home in fact, many of the conditioners around light and air and privacy for example, per slide number 5 and 10 light is currently blocked their he dining room by their third story yoigs edition and the residential design team confirmed this is self-inflicted

we've accommodated the design it does not accommodate 9 code compliant roof deck we've made good faith effort and the design accommodates the dines this is our 8 rear yard set back it is 3 hundred square feet and incorporated a design that is 2 stories or in 9/ceda and 3 on the north side matching the properties placing our allowable deck space is 16 foot and third story office was removed no north sidelines and no south side rear windows in the master bedroom it mitigate privacy views and the third floor deck was reduced in length and width a ground floor was put on the south side and it is importan