second. >> commissioner there is a motion and a second i might paraphrase that last one the conditions as amended to include a restriction of 7:00 a.m. to 7:00 p.m. to work with the staff on signage and work with the sfmta and devon traffic calming and safety manufacturer very good commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards and commissioner president fong so moved, commissioners, that motion passes unanimously 7 to zero. >> we've got one more item okay or commissioners that places you under our discretionary review calendar for the case at 27

hodge's additionally this is a discretionary review. >> good afternoon, commissioners mark i'm presenting that dr for planner kate conner before you a a discretionary review for a building application to contracting constrict a verizon side to the northern side within the telegraph hill the side encroaches 16 feet into the 4 inch rear yard, however, the site edition extends 5 feet beyond the neighbor to the north it doesn't noting extend the overall eligibility it provides a 9 inch rail yard it is on a 64 feet deep a rear yard

surveillance was granted on december 4, 2014, after a public hearing on december 24th of that year the variance is piloted and hearing before the board of appeals is on february 18th i'm sorry on march 18 of this year rdt was amended that is third corridor be approximately the architecture given the mixed height and character of the block as well as the narrow width of the streets the edition will be comparable with the block character and the proposed site emission is not significant not visual significantly and the project does not creating exceptional or extraordinary circumstances the dr is abbreviated and we feel that the

planning commission should not take dr thank you very much. >> thank you dr requester. >> let's see how this works. >> so i'm not able to go. >> ma'am, you'll need to speak into the microphone and i'm not able to go back to the rock slide i had an all over the draw up my house can i and the tv will put that on. >> i have an all over the draw my house i only have 5 minutes so i have to talk fast thank you, commissioners i'm medi-cal do my family live here for over 45 years i live in the house in the rear 26 hodges has existing

stairs in the rear i'm not opposed to the inclusionary of the stairs only to make an adjustment modification to the rear and the second-story i've asks the owner to make the minor adjustment there's an additional 3 by 3 folded of open space 26 hodge's has no rear yard their adjacent neighbor is even smaller them they have a rear yard i'm asking the planning commission to protect the hours in the rear and our guidelines protect the hours and hair air and light and privacy the special building locations and discretionary review should be granted and an existing

circumstances my two light wells have difficulty will assessing the lights it is a mere verizon slope this is what is on this slide university slope - this slope is within one foot 26 hodges is on the slope no one mass seen this it creates light well problems light will stream through 26 hodge's stream there a small set back area and between the deck that light is reflected back to my light well, the project sponsors has not made concessions and the project sponsor is did not allow that and again back the 26 inches only 3 by 3 feet a that's not to

the fact that hodge's has an additional 5 hundred feet ami i'm asking you to review this plan of the surveillance hearing mr. sanchez suggested a surveillance mr. sanchez was concerned that the plans couldn't be constructed i've not seen the rock slope of my struggling light wells i'm not able to let the commissioners into my house and to the landslide on december 12th the exceptional or extraordinary circumstances can't be seep on the air and light can't be experienced from hodge's and no one has ever seen this type of sight i live on telegraph hill the variance request where the rock slide

occurred it has not been removed the rocks are up against my wall and they've indicated they'll not stabilize the slope attached are the notice of violations issued and the department has started initiated and hearing and all of those are attached and the engineering reports are attached and the engineers have told me i can't go back home and the engineers are the only ones that can go to the site and this should be taking care of as quickly as possible the application for residential persons - a copy of the letters from the engineers are attached if you want to see those let me know in closing i'm asking the

commissions to modify the plans 3 feet by 3 feet and number 2 requiring the dbi to perform a review and 3 i'm open for the invitation for the commission to come to my home and as soon as the engineers allow this to come to my home thank you for your time. >> dr requester who are opposed to the project yes. >> sorry i have (calling names). >> hi there can i ask would be technical question the neighbors sending sent in letters we want to check you guys got those

okay. good afternoon i'm lisa limb we support the discretionary review and urge you to approve that hodge's alley is 17 dead end alley that is complete with potted plants a dead end alley it is - we've submitted our letter of support we felt the expansion of hodges will destroy the character the burden of the character will effect those in the alley we believe this is exceptional or extraordinary circumstances number one the alley is narrow to accommodate the third-story building and the owners have been less than forth coming on the impact we need the commissioners to step in to compel them to have a light pole

study and to reexamine the impact analysis as i stated hmos alley is the width of 2 sidewalks it has a huge impact on the alley the set back is 5 feet and 8 inches it will feel like a small spaces our tenant joy the light and air but this is a dense neighborhood and you shouldn't be granted to one neighborhood the third-story should be limited in height so the neighborhoods don't feel they're living on top of each other we thought the are owners have not been forthcoming to show the developments impact we've been given big answers when we ask questions for

example, the height would range from that 8 to 10 feet this was not in the data why is it improbable to verify the shadow studies she's produced no time stages but our tenant tells you that she tried to abrogate her by to me e telling the tenants would find her with a similar scruff you can think what you want but that goes to the heart of the discretionary review we need a higher standard when it comes to the impact on the neighborhood we need the planning department to question the assumptions that have been delivered by a bias representative so, please help us to balance the right of one

property owner to enjoy the acquaint space thank you. >> good afternoon. i'm barry strongly object to the proposed expansion of the roof deck or the building on hodge's avenue so is we've heard noise ordinarily from the eel would be like saying alaska is somewhat cold this is disruptive loud behavior both day and night across from the alley and below my home reluctant noise penetrates window there 0 appears to be alcohol consumption is on

display their frequent and often continue into the early morning i have witnessed people that seemed thank u like their passed out at times they'll remain there until well past daybreak the gathering are as many people that fit on the roof deck and rotate which seemed like an endless supply of people partying in the house below i've made noise complaints but that behavior is a consistent feature since it was purchased this house is a party pad for adult slash college angle children and their acquaintances this is clear they behave like they have

little regard for others for the impact of they're in charge civic behavior on the neighborhood right to a peace of enjoyment of their home they have a contempt for those who they live among i urge you to deny this expansion to hodge's alley thank you. >> thank you good afternoon commissioner president fong and the commission i'm raymond the co-owner was andy lou the neighbor to the proposed addition on 26 hodge's we're talking about opposing this war with major reservation

we've been resident since the mid 1950s hodge's alley is just a block north from the school and the senior center despite claims by the evidence is to the contrary varies visitors party on open decks from the late afternoon to the early morning of the next day is evidenced not only by us but the neighbors also, we see varies young workshop that his coming out during the week this purported residence resembled a sorority house or the green hostile a block south

it appears that the proposed addition will enhance the real estate market rate of the sale from the people the real estate tycoons we're opposed for the following 4 reasons one since hodges is downhill south we've had serious concerns about the foundational issues resulting from the development since the development plans include digging into the sand hill hillside we have evidencing of the eastern telegraph hill with massive rock slides during the past years rain slides resulting in the boulders smashing into the area during the rain storm

the backside on holmes did tunnel into the western side at 356 a lot of street there's been dust and - it will require an engineer to stabilize the good allergy of the vertical cross space and the indemnity factor towards the damage of the foundation that is not addressed and there - >> thank you. sir, your time is up. >> okay. >> you can submit that. >> there's a misrepresentation but i won't give the further statement. >> thank you great any other speakers in support of dr requester?

seeing none project sponsor >> good afternoon, commissioners jody from the reuben, junius & rose here on behalf of the project sponsor i appreciate staffs recommendations that the project be approved just a quick matter i have a support letter we've received this morning from a neighbor 0 on vallejo street just want to give a quick overview of the house i'll get that living area of the house is currently under 15 hundred square feet so the first year

i'll describe the house the first floor has a garage and next to that is a small all over the studio the next is a gallows kitchen small for a refrigerator and no diamond space and a tiny living room on the side of the living room a steep staircase leading up to the roof deck and as you can see the house is tiny and really not usable as a single-family home the project will keep the ground floor with a garage and small bedroom the second-story losses one bedroom to add a fungal living room the small edition of taking out a

jog in the currently living room with the steep staircase and remove that is it not usable and provide a usable living room it is sponsor so we have a living room and dirpg and any space will sybil reduce the usability of the house the third-story addition will be a 2 hundred and 88 square feet addition on the third-story that provides a bedroom and bathroom we're losing the bedroom on the second-story that provides the living space and makes the roof deck usable since it's the only liveable space since no backyard third-story will be set back 5 inches from the property line this set back is required in order to provide the space that

the project needs to provide the bedroom and bathroom the backside of the addition a frame installed in order to symmetrical upgrade the house and light well we're constrained to insert that small 2 hundred 48 secret that set back was considered by the ad t and found comparable with the guidelines essential not the rdt asked us to show the additions at that set back will not be visible from down the alley and it is barrel visible so the rdt was comfortable we feel this is appropriate finally the project will have stabilization work at the slope of the property there's a rock a crumbling rock face there 0 now

that the project sponsor will has a full team that they're ready to do the work as soon as we have the project approved and there will be no additional wait on the slope in fact a decrease in wealthy curling a porch that's supported by concrete slab that will be removed and so actively the project is positive in terms of taking wealthy off the slope any additions that additions to the foundation that will need to support the project will be at the front side of the project and not the slope we have the slope team including goez technician and good gifts and they answer questions and have the architect and david the

project sponsor who are happy to answer questions. >> any dr requester in support of the dr request. >> i'm kearney live on hodge's alley when is up the hill from the project i've not objected to the stairway addition it doesn't impact my space appreciably other issues are not i have not brought those up but i am concerned about noise and light in the same way as the neighbors are. >> thank you. any other speakers in support of the

project sponsor. >> okay dr requester you have a 2 minute rebuttal. >> thank you commissioners the noise is so bad the noise is so bad i have to go to another room in the house and close the door with the whole thing is really bad i want to address the 3 photo by 3 feet open space in the rear the rdt never addresses the cottage provision and they don't talk about how i receive light i'm basically next to a slope and they're going to get a skylight but that he think that the 3 photo by 3 feet will help her as well a she's been silent i think the dr requester thinks i'll benefit in 2012 we'll have a violation for unstable slope

to that's; right when hodge's should have done the work i'm getting the permit work is just wrong. >> okay project sponsor you have a 2 minute rebuttal. >> i'd like to show a photograph of the view from ms. mayor's office property that gives us a sense of what we're working with in terms of the impact of the addition on her house which is none you can barely see our property from her property the way the properties are set up shows so far down slope she can barely see the addition and won't effect her light or air going back on the slope issue one of the main issues is doing the slope stabilization work which is exactly what we want to do

and have the approval the project to go ahead we're happy to with work the neighborhoods that are concerned about the project you know will this house be safe and again we have the full slope team here if there are concerns the last thing issues raised about the noise we're trying to make this a single-family home and the project will louse allow us to be good neighbors. >> okay. the public hearing is closed. >> commissioner richards. >> thank you wow. this is an interesting one we have dr requests from the quality of life issues and one building effects another neighbor i've been on this commission for 6 months and not

seeing people living on top of each other i assume this is accurate that not only do we have an exceptional or extraordinary circumstances in the back but in the front i don't know of any other streets that are as narrow you was up that yesterday i think that the dr requesters 3 foot notch out of a 15 foot closer it reasonable as much as i'd like to sort through the facts of he said she said issues we're noted supposed to take a look at how have it seems convincing the project sponsor should address we're only going to look at the merits of the request we have a 4 hundred addition on a small house the street is narrow the

deck is quite long and used as living space i would be open again pend other feedback from other commissioners allowing more light into the alley by pushing back the addition on the third-story and the roof deck that used as living space by imploring it i'm concerned about the lack of mitigation on the hillside it appears a homeowner that can't live in here house after 4 months of a rock slide no admission has been done to let her use her house this is concerning to me we should take dr and alter the project but what the other commissioners say. >> commissioner antonini. >> i guess my question for staff there have been issues

rates about the previous landslide and a manifest that the owner of 26 hodges take remedial issues before this prop is that true or false. >> i'm personally not aware during the review of this project considered this to be a matter of dbi they're not a planning department review. >> i understand this is all dbi review but they're saying that something should have been done preproject it is not really before us i was trying to get some type of information where that was true or not. >> i'm not aware of the violation. >> okay. thank you even whether that issue is true or false the as a matter of fact the project sponsor is planning to stabilize an unstable

situation that xoiftdz before and they've got viruses two of the best with the geotechnical engineer and a good gift i'm sure that will be done to the highest possible standards and mitigate the makings that is not of the project sponsor or anyone in the picture there were a couple of brothers i forgot in the end of the 19th century that define milled telegraph hill that was a gradual slope into a percipient tuesday slope so hopefully, we'll keep the excited homes and make them safe i'm in favor of the project, however, i want to g ask the public defender's there's questions about the deck