e all the numbers already so i won't go through them, really i am here to strongly oppose the size and height of the building. if you look at all the other buildings on ashbury street, they're all at a certain level they're two stories above the ground street, this would tower over them and it's a single family home and it seems to me to speak plainly what is at issue is to let wen one home and one developer make a sizable, expensive residence at the expense of the character and the wishes of the neighborhood around it. thank you. >> thank you. any other public comment? okay, seeing none then commissioners, the matter is yours. >> i have another question for the permit holder.

when i looked at what you had submitted, yes, you had a 3 foot setback in the creation of a deck, but you also filled in the little notch on the other side of the bathroom. >> i'm not sure what you're referring to. >> unless i'm looking at a different set of plans. >> where was it? >> what you had before was a

different configuration for the bathroom and you had some sort of a vertical shaft there. i didn't look at the note tos see exactly what the purpose of it was. and it was set in -- set back from the -- that would be the south property line, now you filled that in. >> i'll let mr. durkin explain na that. >> i can comment on that, there was a closet there before and the reason that the wall is thicker than a typical wall thickness that tha* a multistorey moment frame that's stacked on the rear of the building and that column cannot move, it's fixed, and it goes all the way down to the foundation on the rear facade, that's why that's shown that

way. >> well, i see your indication for the frame but if you look at the -- your column line a, there used to be a little set back there like a notch in that floor plate. >> i really don't recall having a setback there, the rear of the building is not -- >> perhaps you should look at your drawing a1.2 of the original set that was given to us. >> mr. sanchez, did you want to comment?

>> so, what is the vertical shaft you removed or something for some reason. >> if i can explain, at the previous hearing, the plans that were submitted by the permit holder were the original plans that were heard by the planning commission and those plans had the elevator at the rear, so that's something i can put on the overhead. >> we submitted revised plans that were done after what you're looking at now and what you're looking at shows this elevator shaft which has been removed, so this corner has been kept the same. >> okay, so the elevator and the deck was removed previously? >> that's right so they were

going in another three feet. >> alright. >> three feet ain't much. i mean, it helps a little bit. i think it's a little hard to tell how they're treating that elevation. i'm guessing that if they -- is it a glass rail? >> come to the mic., please. >> yes, we're proposing a glass. >> a glass rail? >> yes exactly. >> some setback there helps. is it enough? it's a subjective point of view, you know. i would have liked to have seen a little more differentiation

between that top floor is this enough, because the living room then becomes, it's relatively small in terms of floor. >> [inaudible]. >> yeah. >> i think if we went back as one of the appellants indicated, six feet is probably going to make that room small. >> [inaudible]. >> well, i mean, the alternative would have been to cut a floor off which then would definitely reduce the scale. i think the board felt -- preferred to go in this direction in terms of looking at something that would partially offset the scale of

that rear wall. i'm not sure any further setback will make that setback look any better. so i'm prepared to accept this. i will move to grant the appeal and condition the site permit, isn't it madam director? >> it is. >> and condition the site permit on the revised drawings which shows a 3 feet setback to a new deck with a glass rail as per the drawings dated may 6,

2015. >> do you care to state a basis commissioner? >> on the basis that the scale of the rear wall was not inappropriate to the balance of the neighborhood. >> there's a motion on the floor from commissioner fung to uphold this permit with adoption of revised plans dated may 6, 2015, it has our board stamp may 8th and this is on the basis that the scale of the rear wall was not appropriate to the balance of the

neighborhood. on that motion to uphold with revised plans, president lazarus? >> aye. >> vice-president honda? >> aye. >> commissioner wilson? >> aye. >> and commissioner swig is recused. the vote is 4-0. this permit is upheld with those revised plans. thank you. >> okay, thank you. >> next item is item number 9, appeal number 15-052, carl ernst versus department of building inspection with planning department approval the property is at 867 vermont street protesting the issuance march 19 2015 to justin raade of an al ration permit for the installation of alside prod di insul elated vinyl siding on the right side of the building and we'll start with the appellant, mr. ernst, you have 7 minutes to present your case.

>> good evening, commissioners, i'm carl ernst, the rear yard is at a level that is a peak point an eye point of a radius of 700 feet in all directions. the pivotal issues of this appeal are whether the vinyl siding will prevent rainwater to leaking into 867. it would subject the south side units and the neighbors to the south of increasing rattling noise from high winds to the side. the answer is two-fold it will likely not stop the water leaking into 867, the plan won't work because the leaks appear to be elsewhere and yes, there will be increasing noise growing louder over time from the loosely mounted final

siding because the styrofoam or polystyrene backing with not reshape itself once compressed by movement caused by the high wind at the location creating an increasing rattling noise over time. the facts that, one, the forces of the high winds and two, the nature of poll lie sty raoen will produce noise over time are not debatable this is -- this siding must be loosely mounted and the reason is that 2700 square feet of loosely mounted vinyl siding is impacted by high winds in excess of 60 miles an hour, it means there will be movement if there's movement, there's going to be noise, 2700 square

feet is 35% greater than a wing area of a b29 or a bowan727 so there will be a total force on that sufficient to lift a b29 or a 437 wang more than 100 thousand pounds. that's what happens to the damaged wall siding on the 18th street building shown with the initial appeal and the pictures presented at that time. and it's also why i protest against the siding being on the south wall of my home. the assertion without any facts that my concerns in this regard are unwarranted is ridiculous. the manufacturer knows that the sda*s results results if the siding is loosely mounted, the manufacturers comments regarding sound then they have

to do with ambient noise and the environment mention is not made of the rattling which the loose siding produces in high winds. this rattling far exceeds any noises that might otherwise diminish. with respect to the source of the rainwater leaks, i remain convinced that the source is the inexpressive repairs portion of the south wall between the two buildings because that is the area where the water appears and if we can go to this drawing here, the area of the surface where the leaks are occurring below the red roof line there is where the rooms of the occupants of 867 live and i live above. you'll notice the roof line

slopes from left to right down from west to east down and this nonconforming house has a peaked roof that also convects water into a trough just a few feet east of where there's a space between the two buildings. there is also a large amount of foliage there and that is jasmine, it's been growing real well, it's covered the side of my other home there and when it rains that fills with water and when the rain comes from the east, all of that rainwater that collects and pools in this area here, and in the bushes there gets blown into this area between the two buildings and

that's about -- you see, about 4-6 inches wide, probably closer to 4, there's two foundations and a run downhill and the retaining wall on the building to the left is algt bit higher than the retaining wall from the building to the right so there basically is a pool that fills up with water you can't get in there because the two houses are built you can't service that area, you can't paint it you can't put it or caulk it the only thing you can do is block it off and the water going in there is where it's coming from, it's not leaking anywhere else. i made a lot of repairs in other places, it is ameliorated the situation because the leaks weren't really coming from there they were coming from this direction. the winds generally come from west to east but on some

occasions, blow the other way and that's where the leak is coming from. the walls inside the unit have been contaminated with mold and should be removed. the tenants want -- or the owners there don't want to remove them, they want to keep them and put this vinyl wall up that won't stop the water from coming in and it's not going to get rid of the mold. what you need to do is go in and take all that contaminated sheet rock out, seal that wall, reframe it because it's probably rotten, and fix it that way because just putting on the siding isn't going to solve the problem, it does not address where the water is coming from and it won't stop the water from coming in. i'm out of time?

alright. i said my piece then. thank you. >> thank you, we can hear from the permit holders now. permit holders, are you ready? >> good evening thank you, good evening, appeals board, my name is justin raade we're the owner of 867 vermont street which is the subject of tonight's hearing. i want to tell you the store have i of a leak and our intent to fix the leak, in 2009, there was a strong wind storm and a rain that produced a leak on the south wall build it made a puddle in the basement this was noticed by the hoa and they had a meeting to discuss fixing for that leak, we got a quote

to replace the whole south wall which is at enof life, it is a fly wood frame from 1989 when the property was built and it deteriorated and needed to be replaced so we got a bid for the whole wall repair for about 35 thousand dollars, but chose instead to do a sort of superficial repaint and renail repair job, that was in 2009 websinger moved in in june of 2009 and the leak returned there was another wind storm with rain and the leak came in, in many place ins our unit, so it came in our master bedroom, it came in our closet, it came in on the second level which is below that and 25 feet away from the street, in our den and it came below that again in our basement and made another puddle on the floor in our basement the flood was bad

that we made a claim but they denied our claim so then we got stuck with the stucco job to replay the aging of the plywood side, again hoa decided to make a patch work repair so we had small panels installed where we thought the leak was coming from and put the see lant on there but unfo*rnl gently the leak returned in late 2014 with the big storm we had here with the wind and the rain, the leak came back and this time it was worse i want to show you some photographers on where the leak happened in our unit. so this is our bedroom, the leak comes in along the base board here along floor soaks the carpeting in one corner and the other corner of the room as

well as the closet. this is a close-up of the closet area you can see some water damage there. the leak also -- during that storm in december of 2014, the leak came in in a new place it came in through our master bedroom which is about 15 feet towards the street from our side of the master bathroom which is about 15 feet from the outside of our bedroom, and then one level down in our den, the leak comes in on the ceiling here, you can see it bulges and you can see the damage here that comes in from the water from the leak. also there's a leak and some water damage here on the sill.

i took a shot on the water damage on the second level. and finally in the basement on the first level you can see there's a puddle here and that's when the water penetrates into the wall and collects on the flooring. so we doubled our efforts to get bids to repair the wall. we got two more bids, one from sears which is about 35 thousand dollars and from alside prod insul elated vinyl alside was responsive, he's been installing for many years he's here tonight with us to lend support to our cause if need be. so we've also got some

photographs here of a property that alside did with the same pronlt we chose it's a building on 19th street, you can see it's a good looking project, that's what we're planning to use. we have a letter of support from this property owner he's happy with the project, the neighbors compliment him on it. there's another close-up. so we're confident that allen is a professional contractor experienced with a good product to solve the problem and we believe it the best solution for the approximate we believe the leak is coming in three separate units separated by 20 feet, it linings pr the back to

the front of our property so i don't mrao*ef it's a single location of a leak that comes in it's the whole wall at the end of life, so we believe we've done our diligence, we solicited five bids from contractors we have a good product that has a lifetime warrantee and has been installed in other places in san francisco, it's far superior from the old vinyl products that 30 years ago and we think it's a best fit to our problem, so i'll finish up with mentioning that we have support o our other hoa members, we have [inaudible] in the audience and [inaudible] who faces the wall directly they are considering repair for a similar repair that they have on their south wall. just this weekend, i finally got over a bad case of bronchitis and really it was lingering for four weeks i couldn't shake it it's the

second case of bronchitis i've had this year, i got bronchitis in january with a similar effect, so the last time i had bronchitis, i don't even remember maybe 30 years ago when i was a kid, so i aoep not saying that the mold in our house is causing the bronchitis but it sure makes me concerned about my health, my wife's health, the health of my two small children so i would request that the board uphold the permit to repair the job, fix the wall on the south wall of our house and repair the exterior and solve the problem effectively. >> what floor is your unit? >> it extends over three floors w e have some on the third floor which is the garage space and we have living space on the second and third floor. >> and there's another floor above you. >> there's two more floors above us. >> and those floors are both experiencing leaking as well? >> above us i mean? not that i know of.

>> and does the unit still have the same wall? >> yes, it does. >> thank you. >> one last question. the appellant showed us earlier, there was a four inch space between the building to the right versus this building. where's the property line? >> so of course in the course of doing the job, we want the extend beyond the property line, we know it's not allowed so what we're choosing will stay within the envelope it currently sits on, if you look at the south wall, there's features and trim that extend about an inch and a half between the face of the wall, the prung product that we're going to install is an inch and 3/8. the trim is over 2 inches to the wall. >> assuming the trim is not --

>> okay. >> thank you. >> okay, thank you. >> mr. duffy? >> just on the building permit application is a [inaudible] of the current permit for the installation of alside prodigy understand elated vinyl the application was reviewed by the planning department and the building department, it doesn't seem to have any building issues from a dbi point of view, the building code does cover the installation of final siding in chapter 14, it's 1405.4, i read it earlier, it talks about the [inaudible] process, so it's well covered

in the code as well, we hope that if it's installed per code, that's what we expect from a licensed crack tor, so there aren't complaints about the property we didn't get plaints about the mold, there's no complaints of sizing of the building. i'm available for any questions. >> thank you. i haven't seen such a large plywood wall in quite a while. >> yes, i know, some of the buildings. >> the 70's or 80's. >> thank you, and mr. sanchez, nothing? is there public comment on this item? step forward. >> my name is judy daniel and i live in 865 vermont street, we have the mirror image to the [inaudible] next dar, so our unit is not affected by the leak but i've been a resident

there for 20 years. we've been dealing with this leak with the home owners association. we tried the band-aids as i call them and nothing's worked. i'm confident that justin and gladia have done their due diligence, we voted and had a unanimous vote, i forget the date, this year though, before justin went to get the permit and mr. ernst changed his vote, and handed us this appeal so i'm here to speak in favor of going ahead with the vinyl siding and getting the leak fixed and also to avoid the mold, which affects all units if anybody wants to sell or whatever. thank you. >> thank you, is there any other public comment? okay, seeing none, then mr. ernst you have three minutes of rebuttal.

>> i just want to reiterate the point that they can put all the siding on there if they want, if they don't stop the intrusion of the water from where it's really coming from, they're still going to have mold. the way to fix this is not to put cheap plastic siding on the build what you need to do is take the sheet rock off the wall, get rid of it seal the wall, reframe it because it's probably had a lot of water in there it's probably weak, it probably has deteriorated and has lost seismic resistance. it's an important part of a wall. and fix it from the inside, trying to put plastic on the outside isn't going to work. it's -- why would you expose your children to this mold? i mean, you just have to take this sheet rock out of it and

reframe it and fix it the right way, and the business about the garage, the fwraj got hit by a car, that hold down there has got ining to do with the siding, it has a deck above it and that was never properly prepared and that was years ago and you can't put the two things together because they're two separate incidents. i own the property next door, i'm going to build another building next to it so it's going to be covered up eventually anyway, but i don't think it's going to solve the problem. i think you're going say, alright, you put the cheap siding on and it will do it and it won't do it it's not going work, if i'm wrong i'm wrong but i'm not. but then what? i mean, they need to take the sheet rock off and fix that anyway, you should take it off, take a look, see what's happened don't guess don't hope