or 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 important to clarify that prior to the dr hearing scheduled on december 4th we contacted the planning department we'll be spending a lot of money on the

renovation and it is for your offer sees family we worked to have a less impact to the dr requester and asked. a continuance we've made compromises a summary the third floor is built to the proper line and we had originally a 3 foot gap this change allows functionality for the master bedroom and bathroom the second floor deck is 10 feet and now projects 12 feet it allows a 15 foot that our deck will allow 80 us to enjoy this with our children the slides were the stairs will have a 5 foot set back and together with the drs

requesters side deck 12 foot wide allows a 17 foot set back between the dr requesters this set back didn't trigger any he xooerl or exceptional finally, we hope to accommodate two chairs the result is the design we are extremely excited and supported by i did residential team and the design does not create exceptional or extraordinary six >> thank you calling speakers in support of the project todd and ryan brooks. >> good evening commissioners

i'm todd i'm speaking in favor of the project at 435, tenth avenue i'm a 20-year resident in the neighborhood i've known them for years and my 4 children go to school with their kids i've reviewed the one hundred and 20 page summary that is fitting within the current planning code and aifld it's my understanding that is not an extraordinary project dipped it comes with the recommendations of the planning department to proceed as is it should be need this process took one year to date that individuals into the previous projects today and it's a long time lastly in summary nick and

sidney have made concessions to their property as the neighbors have clearly wanted and have continued to provide a nice fascinate it is said the same for in a i my neighbors thank you for your consideration good night. >> madam chair and others we've known the holly's man and our children play with their children they're good people we talk about exceptional and xooirld with the exceptional the amount of concessions in good faith the holly's man's have made if you look at the paperwork the first premise they went above and beyond what the

code will allow and above and beyond what people do they've both minded an office and eliminated the offense and eliminated the deck back to 12 feet and said the windows on the side of the house but respected that their neighbors if not someone peering into them and wanted a backyard to have their 3 kids play and i believe this is well been within the guidelines and fragrance i hope you will look at that and see the extraordinary exemptions and read the well written staff report i'm going an attorney from a high-priced law firm they are not either the dr their honest people that want to build a home and live in san francisco

and give the same opportunity to their kids. >> thank you. is there any additional public comment in support of project okay dr requester a two minute rebuttal. >> hello and i just want to point out a couple of issues that were raised first of all they talk about no extraordinary circumstances because of light this construction is occurring to the south of the building the architect made a attempt it was a promotion about in building on the third floor of ms. west's home that is impossible that's on the south side which the light is occurring the window is asking for a minor set back two foot an 8 and a half foot wide

at 1-800 feet they're getting all the imply square footage they've raised comments there's a raised deck there's not a raised deck that deck is 9 feet tall that will offer look into the rear yard was 9 feet and expended it is disingenuous so is they've made compromises all the compromises they offend were all taken back no-go compromises made by those we've asking the fact they've extended further in the back lower level we will support a variance it's the deck and stairway if you can't remove the deck relocation 9 stairs so it is further away so there's less activity and privacy

intrusions on this situation. >> i'm here to answer any questions. >> project sponsor you have two minutes. >> thank you in terms of you know the testimony we've heard we've made a whole bunch of accommodations in terms of not building to the moment to not having a 17 foot set back from they're living area i don't know how much further you have to get away from they're living area or hot tub again, we live in san francisco at a 25 foot lot and 17 foot is not enough i'm struggling with that concern

right there in terms of the light down the side of their houses they've got a canopy sections to the property line unless f unless it's tough for our design to mitigate the light designs of the hanging of the window thank you thank you. >> the public hearing portion is closed commissioner antonini. >> yeah. i have a question for mr. syncot at that i'm going to figure out the light it looks like the location maybe you can put up our plans you had up there before. >> those are actually, the plans of the project sponsor. >> yeah. but you've been using them that's adjacent to an existing part of the house not adjacent to the area where you want to have it 2 foot set back

i don't understand where the light is coming from. >> there's the problem a loss of light and this structure this whole edition is being added to the setting this this south of united states. >> i royals that but the sun is to the south of that that unites you might get evening light but other than that. >> the point is we get minimal light now and creates an extraordinary circumstances for the less light of the edition. >> you say that was something they agreed to early on. >> yes. and great now i want to ask something of the project sponsor please i'm looking want same plans that looks like you said dollars 17 feet between the

deck on the second level deck and their property; is that correct. >> that's correct. >> okay. so this is a significant area i don't see people peering over the fence your 17 feet away that's a pretty big area. >> sir, i'm sorry you need to speak into the. and show on the - with our finger or pen >> it's 5 feet and this set back here back here with another 12 foot. >> okay and that's 17. >> i think that's pretty significant, however, i do have a question in addition to that not that you have to do this is there any differences on the stirs at an the other side of the deck if they have the stairs

other than the other than the one side. >> your deck will remain the same side and there will be more of a separation between you and the neighbors. >> that will mean the side of the deck is 5 feet as opposed to - >> no >> well, that's the deck on this. >> it looks like looking at this picture of the stairs it looks like the stairs must come up to the deck there; is that correct or are those stairs to our deck on the deck comes off the bedroom. >> i think what he's asking our stairs there's no deck if you move the stairs into the 5 foot set back on the other side could you do that. >> i guess the thing we could

do that in order to get the same deck we'll have the deck on that side. >> put-down the deck in the empty space. >> right there but then those that will butt up to our next neighbor. >> it's better to stay where you're at. >> that seems like it makes sense i have my questions answered the third deck two projects the dr requester the difference between 3 foot and 4 foot projection is pretty minimal you want to put a chair there i don't see the point in that one i'm not