otherwise we'll continue madam director arrest april 8th. >> they asked for april 8th. >> which can i building everyone. >> commissioners it is up to you. >> you've got a pretty heavy load that day if you think one week is enough that is a little bit lighter next time. >> i'll support the motion. >> to the 15 i won't be here and no next week. >> what do you think. >> i'll move it. >> yep go ahead and move to continue for one week. >> okay. no further continuances beyond that any additional submittals briefing and it will have to be submitted tomorrow. >> if there's a solution we'll

give them more time to preserve that meeting. >> okay. >> that's it. >> if there's a solution we'll give them more time to make themselves viable and okay mr. pacheco. >> we have a motion on the floor on to continue those matters until march 25th one week no additional briefings allowed for further negotiation between the parties on that motion to continue one week. >> commissioner fung commissioner vice president honda commissioner wilson thank you. the vote is 4 to zero those matters are continued until march 25th. >> okay. thank you before i call the next item i want to make sure that the appellant is in the room ms.

mary so i'm calling item 8 melody versus the zoning administrator the property on hodge's alley protesting the rear yard variance to construct a third-story side addition on the first story and second-story floor that encroaches into the rear yard we'll start with ms. mar. >> i've been hired that i reuben, junius & rose so i feel i can hear this case appropriately. >> when you're ready ms. mar. >> you need to come up to the podium and speak into the

microphone. >> going somewhere. >> sorry. >> i was borden how to work this. >> for example like the. >> face up. >> i've got it like this? so this is sufficient >> got it okay. okay. >> okay that's correct okay thank you, commissioners i am very happy to be here today i'd like to apologize for not submitting my belief 3 weeks ago my neighborhood is telegraph

hill hires here's a drawing of my house my house is downhill it is on the street uphill is my neighborhoods 26 hodge's alley on the second drawings you'll see my house and light well and windows 26 alley and thirty hodge's alley it is open over here this entire area is open so i want to explain why i and submit a brief 3 weeks ago a that's not norma landslide of the variance hit my house on december 12th i've not been able to go home and green under a doctors care for are serious emotional distress at this point my attorneys have i don't let a

contractor into the area without hodge bachelor's degree aware if you want me to talk about the landed slide i would like to move into the variance i'm asking that the variance be grant evaluated a 3 by 3 feet adjustment only 9 feet to justify a variance one special circumstances here that don't apply generally to other properties in the vicinity and two hardship if the variance is not granted and 3 denied a right to jiechlt and it will harm the neighbors and 5 the variance is in harmony with the planning code so here's the drawing or the site plan here this is the site plan and the 26

hodge's is right over here 17 feet by 63 feet they say they have a special circumstances because they're small and, yes they're small at 17 by 63 your small compared to the lots but there's a special circumstances here that doesn't apply to other places on hodge's to the left is 14 hodge's 16 hundred square feet smaller at 16 feet wide you you know narrow and 20 hodge's a next door is smaller and has a rear yard the vallejo street is 11 by 12 feet witting wide they have a rear yard clearly the requirement is not met you need to meet all 5 variances the variance shouldn't be granted

clearly two neighbors are harmed 26 hodge's their slide is 26 inches past the neighbors wall here's 26 hodge's and thirty hovjz and here's my house a lot of open space and the sun comes this way that's my light well this building shouldn't be coming out here this building is aligned with this small building this is inches beyond the neighbors wall they're required to you pull back to the neighbors wall and this is asked for consideration they said no, i'm asking for a 3 feet by 3 feet 9 square feet open space right over here pill back 3 photo by 3 feet 9 square feet i'm looking this i'm on a cliff i'm adjacent to a crystal-clear

there's exceptional or extraordinary circumstances my light wells have a difficulty assessing lighthouse it's a near vertical slope at the base 26 that hodge's is on the edge on top nobody has seen a slope like that they receive light through my adjacent neighbors deck this is through my neighbors deck i'm protected by the planning code those guardrails those glass doors provide light to my light well, no wall mr. sanchez made a mistake thought there was a we'll here this is an attorney provided at the last variance hearing and mr. sanchez said there's a wall this is a story board this is a permanent wall anyway so this story board a

temporary wall so in addition to the cliff there is a tree canopy and the neighbors 3 levels are on top of to the right i'm living in a partial cave and here's the image so what it is the sunlight goes to way and comes down over here there's no way to block it you did the set back there's an open space 3 by 3 feet i'll get more sun that's how it streams the architect came to my house and bans the site conditions any light and even if it is insignificant light because the the exceptional or extraordinary circumstances and the light well, i have a serious noise

concerns 26 hodge's has college students living there i have to go to another part 69 house they're at the property line they have 3 levels at the property line the decks and windows open up and so my neighbor has written it is too loud no way there's a competing evidence there's no harm they have internal light i'm going to have less light and less air i'm living in a cave if you provide 3 feet by 3 feet set back for me thank you. >> why didn't you provide a belief. >> i was under serious emotional distress my decrease said you may not want to think about the landslide and the

circumstances. >> okay. we'll hear from the variance holder. >> good afternoon john doe 234ig9 from reuben, junius & rose i'd like to start and could you speak into the mike please. is that better i'm to start by giving you a site plan you saw before the photograph taken from ms. mars house where it sat from

the project so that's one factor that makes her property not effected by the project and another factor as you can see i heard about her light well, that is all the way over here this is the variance area over here that is shaded in yellow and as you can see her - if it's visible stall from her light well, it has on a impact on here light whatsoever also regarding her light well, this is where all the bushes are over grown this is her light well, that's probably years of growth since that's been used for any light to enter into the building so of there was an impact on light to her property because of the variance is shows not urging that portion of the

property to get light i just want to speak briefly about the one property that is potentially minimally effected is the thirty hodge's the income tax neighbor and that neighbor is actually here today to testify in support of the project because his project increases the privacy of her home and that's why this is the case that is the existing condition as you can see there's a staircase that runs up next to her property and what we'll do with the project is enclose this and this is the variance area and so that will increase the privacy of her home she's fully in support of today and if i could just quickly explain the importance of this

variance area that is a small area but this is a tiny little house we're trying to make it a usually family home currently it has a kitchen that didn't have a full-size refrigerator so this project will louse allow us to put in a dining room and kitchen and living room this is the living room area this is the jog that will get taken out of the living room we lose a sixth portion of the living room if we can't use that ear in addition the property line windows over here this is really the heart ear and will be the focus of the living room for you know television or a fireplace and so this is important for the project we were have that area the dr has cut down the project

sixth they've drew back the set back from the alley and made that room smaller with the issue of the variance easy we're comfortable it will not negatively impact ms. mar by the project has already been decreased and so we're going to go ahead obviously and create the smaller thvrt but it is important to maintain the space in the living room one 09 issue i want to mention we're talking about the plan in terms of the sunlight 50u8 see this is north and so in terms of of the sun it really rises and it sets and really isn't impacted ms. mary mars property is not impacted by the sin. >> office of the city

administrator one other issue is the slope work that is part of the plan we're going to go ahead windfall tax project is approved it is one of ms. mars concerns we are looking to remedy the problem in terms of the property we tried to meet with her she's skalt the meeting we're happy to do that and hopefully get the project approved and that will benefit everyone in terms of the noise that's been an issue raised and the project sponsor is talked with the tenant and it will not be a problem again, thank you. >> i have a question. >> yeah. >> so the property is tenant occupied. >> did property is tenant occupied the intent to make it occupied it can't be used as a single-family home so with this

project will allow us to do make it a usually single-family home. >> so to move in as you make it a more usually single-family home or for the tenant. >> it will be inhabit by the family to have it thinking has been marked by a family those tenants will not remain. >> thank you. >> thank you. >> thank you scott sanchez planning department i'll be brief it's westbound an rh3 it is currently a single-family dwelling whether there are exceptional or extraordinary circumstances that justify the granting of the variance i'm

agree yes, it is 63 feet and 17 feet wide is an exceptional or extraordinary circumstances and so the code doesn't require the smallest lot on the block it is the conditions of the property are such i'll read from understanding one there are exceptional or extraordinary circumstances applying to the property that the intended use of property that doesn't apply to other properties as i think has been demonstrated there maybe one smaller lot but typically the lots in san francisco are larger than that lot existing building is in compliance to the rear yard line and the proposal will notes bat or make that worse it is taking spades and enclosing it lots are

typically 25 feet wide i think also the variance holder noted i don't see how there will be potential impacts to shadow if the scope of work authorized in the variance to the north and the west of the light well, that was raised a cause of concern that was one of the actions i had during the variance where light bends around be somehow in inbehind so we heard the dr last week and made changes to the third-story appendix it is not subject to that they set back that from the additional to preserve light from the alley

and those are further to create a usually single-family dwelling i'll be happy to answer any questions. >> that was the only change through the front. >> the set back let's see i have the - so they increased the front set back at the third-story with the width of the closest space approximately 4 feet and increased the depths the third-story addition to the - approximately 3 feet it shifted back on the building and reduced the third-story deck at the corner above the portion that thought subject to the variance so part of the proposal analyzing the variance has a deck above the new structure

that was created and that will remove that deck above that portion that's clear so and you know, i think that ask not conflict with the variance we can invoke that and the planning authority what about restrictive and that's what we did nicole. >> excuse me. >> a portion of the deck on the third-story. >> correct. >> i'm sorry the second-story 0 roof. >> second-story roof third-story level and those drawings show a notch on the north corner already you're saying they made it deeper. >> let me put it on the overhead

so this was an existing let's see deck second-story w508gd deck the new deck was to extend above the area and they required that be cut back so basically this rectangle right here - is to be removed from the project as part of the discretionary review decision which i think would perhaps go to he'd the concerns raised by the appellant court for the potential noise issues. >> i'm not sure i understand that because this is the roof of the now enclosed area. >> it is developed under the proposal with the deck and the commissions decision removes the

deck from that area. >> and are they removing the portion of living room. >> not commission that still will be a roof the commission said i can't - >> oh i can't have a deck on this corner. >> exactly no changed in regards to the variance just snow deck above the portion that requires the variants thank you. >> so ms. mars request for a might have adjustment was that considered earlier. >> at the variance hearing a lot of the issues that were raised really dealt with the los angeles police department slide

landslide potential and the engineers but i didn't see how i don't know how any proposed reduction will do anything to affiliate or address the concerns of the appellant i don't see how the proposed area impacts the property in any way thanks. >> a question mr. sanchez who initiated the dr. >> the dr requester was melody the appellant. >> okay. thank you echo any public comment on this item? is there someone who wants to speak please step forward. >> good evening my name is

karen i'm the owner of thirty hodge's alley to the north of 26 and the area that we are talking about where the variance is there has already been a story board put up for months i'm in favor of that it will increase the privacy on my property not to have that an open stairway with people running up and down we don't know what kind of family will leave i think it is to my advantage to have it enclosed i've had a very good relationship with the project next door and feel they've been

consider rat of my needs i'm approving of the variance thank you. >> thank you. >> thank you is there any public comment? seeing no other public comment we'll take rebuttal ms. mar you have 3 minutes. >> you can go ahead ms. mar. >> okay. i want to first address thirty hodges louisiana she's been supplied with a skylight and her asleep will be stabilized that's expensive work so i don't i understand why she supports the project sponsor i'm okay with that but it has to be disclosed what she's getting for the support i think louisiana is a little bit confused i do support the

enar closer of the staircase i support the 3 by 3 feet only the last 3 by 3 feet it's currently open space. >> overhead. >> this is currently open space but the open space beyond the staircase i think you should leave that 3 feet 3 feet open i was at the dr hearing i didn't get a lot of information out the only thing i got out were those 3 drawings a lot of the drawings i didn't bring i was under stress that's why i wanted another chance i had a better job today but barry my neighbor who wrote the letter collaborated my he said people

railroad singing and shouting and making noise during the early hours he collaborates that i'm up against those neighbors 3 levies of deck and going back 3 feet by 3 feet my bedroom and light well windows are here. >> asking the - >> go ahead, please. >> i'm sorry what. >> i weren't on the overhead we're not seeing it. >> so i think not 3 by 3 feet what is the harm no harm to it should 26 hodges they're going to have a little bit less of a living room 3 photo by 3 feet the harm is more to me, i'm downhill by a cliff like living in a cave within 03 neighbors

above me the harm is impact to 0 it me is about greater and to people that live there that's why as far as okay. thank you. >> you have 30 seconds. >> as far as the slope work a notice of violation that the slope was unstable and get downhill neighbors i'm upset the project sponsor didn't look at the project on 2012. >> ms. mar is that a rental 0 property and it is the bottom unit because of the landslide we platoon to remold it and rent it out to a family. >> this is the back building. >> this is the rear i live in the house in the rear uh-huh. >> is this a tic. >> no, no

thank you. >> thank you. >> ms. night have i 3 minutes of 3 minutes ofy 3 minutes of o 3 minutes of rebuttal. >> thank you in terms of lou lou support of the project she considers the project to be beneficial for her property and given the only property impacted shows in support of the project we're helping with the slope work behind here property in terms of the slope work we're trying to remedy the slope at 26 and thirty we have i forgot to mention frank our geotech technical expert working on the problem he is here if i have questions about the slope work just