okay. i wish you luck how that turnout with the window that had been set i wanted to get an understand of the window what happened when this deck was built let's see where do i start you you know normally we see things before you sit down normally we see things before they're built and just it by the residential guidelines, the special situations with the neighbors, etc. worker here we have an exist illegal project if it was legal we wouldn't be here i think this the pardon the person the dr requester before i go on this is not about a long guilty whether she lived there the fact your recent immigrants has nothing to do with with that

case it is what it is i think it is we licenses listened to the evidence i think my fellow commissioners, i thought about it i have to put my sever into the dr requesters shoes the permit was pulled in 2010 and the family that was dr requested i'm trying to give you every benefit of the district 4 doubt maybe he didn't know the process but you know the process and get a permit and you built much bigger than your permit and resulted no suspensions you - i honestly think legal listing the project is awarding lawfulness

behavior. >> i'm sorry. >> i think we had a similar situation a few months ago on russian hill a stair build in the 9 hundred this family built the project not something you inherited that comes into my decision i think the behavior is extreme and egregious against our neighbor and sad for me to side i in good conscious can't let in project go forward i have enough respected for the process to take dr and basically start over let's does what my fellow commissioners think. >> commissioner hillis. >> i agree with a lot of the

comments i wanted to resolve this and make sure we have something that people agree with going forward so one question for the staff is what is permitted what has been approved permit for at 55 we are trying to legalize this the building. >> so there was- in 2010, the original permit that is was approved over-the-counter for the construction of a deck no more than 10 feet above grade and things were misrepresented on the plans that resulted in dbi actually requiring the applicant to file a second permit in 2011 which was over-the-counter a deck more than 10 feet below

grade. >> is the deck more than 10 feet below grade. >> there's a slight downgraded at the rear portion it is definitely more than 10 foot below grade it was brought to my involvement with the project deals with my dual role are enforcement and march of 2012 i was contacted by their attorney i don't know if she is still the attorney that presented photos with construction at the 55 montana and the photos it was obvious that this was not a deck and concerns that from the photos that was definitely more than 10 foot above grade we suspended the permit for the deck because we wanted hyphen i

made a site visit with dbi and too long measurement and we confirmed the structure is it more than 10 feet below grade basically, it is like the restore addition built on top of a landing below grade this structure is it more than 10 feet below grade. >> and basically, we suspended the permit and ask do pardon to file a new one so to legalize the structure require through section 36 and give us a chance to review it against the code and guidelines. >> so that's what is before us. >> that's the permit before us and two other permits are still suspended by dbi they don't have

a permit. >> and the foot above 10 feet is it a footprint of the deck being proposed or even beyond the - this is the footprint. >> can you pull the my case over, please. >> this is the print over here this is another level this is another deck this is less than 3 feet below grade so this was what was approved over-the-counter original presented as a deck of 26 feet less than 10 feet or no more than 10 feet below grade. >> what's in there. >> excuse me. ma'am, we can't

keep enter jethro when you're not at the podium. >> there's really. >> upcoming this room this game room does that exist. >> it is mined in our attachment i've provided aerial photos. >> you canned tell if it is the structure. >> below the game room. >> is there a deck. >> no room it is like minimum overlook. >> is there a game room. >> it's called a game room on the plan the space below the ceqa deck d is essentially closed they're proposing to turn

it into a game room. >> an enclosed space. >> she's got pictures can we see these pictures. >> it's good it's called montana street it is kind of the wild, wild west laughter. >> pull the microphone. >> it didn't move with the person mined? the deck they keep on referring to underneath the deck is an enclosed room it is completely finished are finished. >> there's a slab a concrete slab parlor this is the staircase and whatever structure they would name it and this leads to the ground dirt so

we're also a little bit confused of which structure their refer to it is called a deck. >> their refer to the deck. >> those - this is what is stand today and been revised as far as the height it used to be taller the rails went down been modified. >> let me ask you understand what the planning staff is recommend they're basically saying remove that portion that encroaches on our window 7 feet from the south. >> i believe this portion to be removed or actually push it to the side. >> sorry get rid of it. >> honestly had this party shown our property on their property line and come forthwith accurate information we wouldn't be stand here they failed to

show you our property was on the property line and for went of the 36 about the deck permit and we got new plans that's kind of the primitive plan is that what you want. >> no. >> why. >> why. >> i get the legal we can deny the permit and, listen to this and rip it all down your asking them to build they've built it illegally. >> in an ideal world i'd like to see this- but where do you want to end up. >> ideally i want to go there it wraps around our entire building our vent are along that

wall how many inches mom. >> 7 inches we've been given around the space of. >> on the ed of our home. >> exactly this square used to be open so their house before let me zoom this in. >> yeah. zoom it in that may be helpful to look at what we have. >> prior to building this how did calm u come up to this slide they've built in the corner all around here i'll show it there; right? ideally we would have liked notification. >> i get the notification but it is bad they didn't innovative you and it's wrong and we can deny the permit but we run the

risk of i don't know what happens they'll have to tear it down and congress and ask to build what they're proposing i'm trying to figure out what you want at the end and what to do what you want. >> i want to open my windows and see light on the south side. >> but isn't that with the planning department it propose. >> a i'd like my house not to smell like mold but around my entire property it isenclosed. >> i don't want this shoe horn hugging right here in my bedroom is black mold because no

ventilation there's running channels of water when it is rain we had bad storms in 2011. >> you're looking your east side. >> so when this come if it ever come down we need to repair. >> so you want access to the other property owners property are. >> commissioners the reason they built 55 montana in 1965 it was according to the house there was already there 49 montana it stayed built or removed from the park we'll still have in that corner around they call it a pop

out all the ventilation around that side to this 59 and montana was built high-up so we won't interfere. >> when do you mean when you say ventilation. >> in the street yeah, it is together but then when the pop out it is like six feet from 55 montana to where the pop out starts and it was open all around so we had never you know problems with mold or it's been a beautiful house we love to live there thank you. >> can i ask a followup question the original permit for the original deck in 2010 was exceeded was okay with you you didn't put a dr. >> i don't want to turn this

into a conversation. >> one at to time. >> we say four poles and deck. >> were there okay. so you're okay with that. >> with the deck. >> a deck okay. thank you. >> okay i mean, i worry we reject this permit they can build up it is not legal how they went both about the process but noting nothing illegal about the east side of your bulb out. >> it is still a thing in front of the commission. >> they'll have to dr. >> they can do a fence 10 feet tall or deck up to 10 feet the

permit was for a deck then further upon that you can only do the deck without notice if so it less than 10 feet below grade so not only it is being even enclosed there's the combination of the issues but i think the issue here the dr requesters would like to have a burst space around portions of their property that are solid walls a typical conditions we build up to the property line and ma cases less than 7 inches left and up to property to meet the building code requirement it is against the law to take that from someone else's property without reasons, etc. by in this case, the issue why we're recommended approval what we

have identified at least one or maybe 2 of the windows open the south side of the pop outdo appear open plans whether or not they were properly approved the first time around i'll leave that up to the building inspection especially in the 90s but this was the case so we're trying to preserve what we see a is a compromise i mean it is code compliant they can built higher it is a discretionary review in terms of what can move forward you can deny the permit and the permit holder can deny that and got brotherhoods we had stopped and it was a very lengthy process it is difficult to get the permit holder to the

point to have a hearing on this matter it was a lengthy matter and everyone worked diligently to get the project sponsor here today, we'll continue with the process not the quickest route to a compromise but people willing to accept what is before you and at least we'll move forward. >> that's what i'm trying to get this resolved but i also want to be reasonable and make sure we're doing the right thing you know you're getting that we're giving you that south facing window and you're getting air with no structure where your window is open the ceda so if we take dr. >> you have to. >> we take dr and make that

change you get our south windows they've got to remove the obstruction and the do everything we can the thing you're asking for they're building will still be 7 inches but mr. sanchez said legally they can built build up to the building what is acceptable will that help you are you sieved with that and we can moved. >> being the owner of montana when i came here i went to high school get a good job and buy a house he can we're happy to have our windows uncovered but again the way the house is built that is why we have an easement

agreement even if you come please come in the plans you have no idea please come and side what we're talking about i'll come out crying and saying how could we have lived there for 4 years without light and air. >> i'd like to open up so you get the light and air we start down the process i believe not prolong this for four or five years you'll still have a building to the west and north of our bulb out you don't have windows so this is not a huge deal they do a illegal so we can say no and have them tear that down but you may be fighting this for years i want to know

where you think you want to end up in this. >> it planning proposing the south windows and you've got light and aerobacter through the windows it works. >> i'd like to ask our indulge for two minutes of our time and give you a resolution. >> it's been suggested a sort of set back from the property line to the face of the deck and that's in from right here that's the april offer this way which is about where that stairway evidently is 7 feet that works everywhere except to

produce a about an 18 inch open space there and didn't work right in this area where the door from the two story out into the deck so if we could think about a 7 foot as opposed to 7 feet remgsd from the staff it is exactly 7 feet or 7 feet plus or minus a few inches so on and so forth i think that is the solution that what work for that and then next we need to talk about the fence that is proposed to be put in down here fence was blocking off access e assess here those doors that

needs to be replaced my people are willing to replace it then there's the bigger issues about the 10 foot finished drain it is redirected and comes over and enters into the space between the deck right in here and that water is penn concentrating into the bathroom at the lower level i think we need to see ta a redirection of the drainage where it was going to go with no complaint about it at all also directing the foundation

been underlined by the rainwater and continual supported by the rebar in the foundation that pretty well take care of those issues issues. >> what if we propose a 7 and a half foot set back of all structures it will give them a buffer both a north and south side spates between they're building and the north building and go 7 and a half feet you've got room buffer is a little bit more than the 7 feet but do it alu sides of the addition. >> why not hear from the staff and other commissioners.

>> the solution you'll be intend that for all portions including the exit door from the garage into the deck. >> so we would want the decks moved back 7 and a half feet. >> stairs everything at least 7 and a half feet that way they'll keeling keep their south facing windows. >> in that somewhere are me calling the property line a buffer or the other straight line. >> straight line. >> commissioner richards. >> thank you here's where i'm at i can well, the top 7 and a half feet for simplicity or i was thinking of and if they're going to have to do a

significant demolition let's take that that back to the 2010 permit you want a deck we'll give you a deck. >> one thing about the 2010 permit it completely wrap around that pop out. >> okay. >> so heros our choice do the 7 and a half feet do a room get a permit you have existing permits that are 13u79d if we don't have a lot of you know fine capacity. >> so to clarify the deck it would be allowed to go to the property line i believe the building permit requires a solid firewall from the foundation. >> it will create a wall where

the window is. >> if you're goal to have a 7 foot sethd it would be. >> i like where commissioner hillis i ask for 7 and a half feet straight line take dr and do that. >> second. >> commissioner antonini. >> yeah. i think i'm supportive of f that are we 7 and a half feet from the pop out or from the the pop out is legally part of the 57 that monday night we accomplish the same thing utilizes width of the pop out. >> it is roughly 5 feet 9 inches wide the correction about the spacing between the eastern

wall and the pop out and monday night it is actually 55 inches not 7 inches i have a photo if i could. >> there's a second. >> so this is actually. >> okay. thank you. >> may i further clarify there's been a lot of talk about the access this is the adjacent property so i know it is difficult to maintain a property in the zero lot line in the city it is more expensive someday you have to do the work inside out this didn't confer access on the the permit holders property they'll center to get proper authorization from the permit holder. >> my concern is with those

numbers it looks like we're setting it back 90 and the pop out is 689 if i'm read it correctly so you've got a little bit of room might be possible to service that between the two if there's been enough room to service that wall for either side who gets the access to service you'll have to work out between them but permission physically enough room it will be a little bit tight. >> in a zero lot line city we're dealing with a quarter of an inch with minimal tolerance we can discuss that with the building inspection. >> i'm fine with the motion as proposed if the motion maker of the allows the proper

maintenance. >> it is more of a instructional thing not seek approval tell the dr requesters what they're allowed to do open maintenance. >> and the drainage is code requirement will be provided for open the subject property can't bring it into the neighbors property. >> commissioner moore. >> postpones is a mature responsibility on the east or west the net result you have to maintain our property in order to not have a nuisance for others this is just the rule and the person does not maintain the property can file a complaint now your property line no i don't want to