>> my name is joe i'm the architect of the project and jane and shawn kennedy are the owners the contenders purchased this house in 2012 this is right here in this photograph with the intent of expanding for their handling this is the appellants property next door this is our block drawings of the subsequent property of the kennedy's house with the rear yard and the proposed roof deck and the appellants are their bedrooms located in the atmosphere and this is the window in questioning the appellant has a fairly large

yard the kerpdz house is small with a small rear yard and the deck is a huge part of their home they'd like to keep it. >> this is the second floor second level for the deck and in relationship to the appellants window this is actually 10 feet away 8 feet away with the dr hearing as opposed to the dr conditions subsequent during the building permit reviewed combustible materials are foster away to move the deck 2 feet further than the conditions now 10 feet uaw the focus of the deck is actually to the north where there's a this view but there's he looks at to the north

so the use of deck is for that purpose and this is no intent to look into the side in addition the appellant has 3 fairly tall trees good morning on the side yard and currently block the window and the design of this we didn't realize you could barely see it in this photograph and this is the same photograph where we are standing approximately where the roof deck is and this is showing the appellants trees as well as our planter boxes into in addition to the protection for privacy actually proposes to plant the hoff seed that are hardy and

fast growing and provides screening and those are elevations rear elevations showing the relationship between the master bedroom window this green planting and the roof deck and likewise this is a view from darrell's windows or darrell's side again hocking his existing trees and the planting in the planter boxes in summary we have done the best we can to mitigate the privacy concerns while trying to maintain this opinion for the project i do want to point out he's offered to do lighter screening

and the dr that took place and that's clearly what we suggested question, adjust even after construction to ata cut off the sidelines and also the screens will require a evaporates they exceeded the variable for the roof decks in the rear yard open space so we elected to the to do that thank you. >> how high was the screen arrest the screens were 8 feet high. >> where were they located. >> where the planter boxes are now. >> on the south side. >> the south side of the planter and . >> wrapping the screens were discussed during the dr hearing and they were not provided

plus required another surveillance that's another thank you. >> mr. sanchez. >> did you have something you wanted to add? oh, >> yes. >> hi jane kennedy we have lived in that neighborhood for quite some time. >> could you prosecute speak into the microphone. >> we live in the where we live now we go out there and hang out on any back deck and you know we bought the house four a city view everybody times a city view that was the themselves it's to brew and stay in our neighborhood we love to live

you know united states view is of the city not somebody's bedroom window that's my only point. >> from my understanding i'm jane kennedy the view that dearly is saying we can see into the window i have no deserve to look that way not to line you were the site we've done our due diligence and provided solutions and recommendations that will more suffice the privacy issues but we've been residents a long time we have a small lot as storm said but want the city view. >> thank you mr. sanchez. >> thank you scott sanchez planning department subject property within the rh2 district in the sgrts that was

discretionary review that was filed that underwent the section notification and variance were required forefront setback and rear yard the structure on which the deck was subject to the variance part of giving of the variance that was granted was imposed by the commission to have that landscaping there that commission voted to take dr and that landscaping noted the adjacent property is a legal non-compliant structure into the rear yard also some of the issues that were somewhat mitigating and don't use that in an environmental sense but the issues that the deck itself is a deck that is assessed from the master bedroom they have a deck at gay that is assessed by the kitchen probably that would be a

patio being wild used and the elevations in relation color in the previous case a great difference that thought appellant and the thought subject property more likely you'll be in the subject property onto the subject property than the other way around note by the project manager or project sponsor but take dr shifted further when it went through dbi dbi said they need a further setback more than that 5 feet that brings it further away so the police vehicle considered and exhausted approved there is impacts think

light it comes to the privacy concerns that were raised here so with that, i'm available to answer any questions. >> mr. sanchez we saw a drawing that indicated that the deck is less than 6 feet below the ceiling the bedroom, in fact, how much further blow is the deck than the sill of the window of the appellant. >> i would like to defer to the diagrams that were prepared by the project sponsor for this dimension but relative it is lower but the subject deck is lower than the apartments floor so i don't know the exact dimension but the permit holder can provide that on the previous plan and come back on the 3

minutes. >> if it is less than 6 feet than you know there's merit to the argument that if somebody choose not 6 feet but if you were 6 feet which is not an unusual height as - and average for that a male is less than 6 feet. >> i'll say that if the sill was 8 feet above the deck is more amp than 6 feet we're looking into the bedroom that's why i asked that. >> i understand pie and the other issue for me is that in your opinion if the deck was cut unlawful and shortage or

shortened from 8 feet down would that a mitigating opportunity. >> that was the position of the planning department the project as originally proposed met relevant guidelines and the commission reduced the i am not we think that is acceptable as is and certainly getting to be of a certain size it is loose it's feasibility as american people open space. >> we saw an open space i believe the house what say was in the richmond - the sunset where was a very short deck. >> i think that was smaller than that wasn't it. >> 8 feet that was the last case. >> yeah. the last was 5 by 18 or so, i mean. >> i'm not disagreeably with our point i'm trying to look at

all sides are the position of the department it is acceptable. >> what would the architect reference the variance to put in the screens. >> this portion of the building located in the rear yard so any addition beyond what is here the evaporates has been issued a screen that is within the rear yard would require a variance because that - the screen would be on top of the proposed structure and it wouldn't comply with the rear yard compton part time. >> it is only for a rail height. >> it is what was approved so there was nothing that was granted on the variance for anythi greater than that.

>> you mentioned the appellants property is illegal and non-conform was that there a variance issue for building in the rear lot and i didn't look at the record but the amount of the structure it is existed prior to the requirements and i can look at the records to see if there are recent vaurnsz but my assumption it is compliant. >> it was just built that way. >> eject thank you. >> mr. duffy. >> joe duffy dbi i didn't hear building code issues in any brief or discussion i'm available to answer any questions but it looks like the building permitted was approved. >> okay. any public comment?

>> my name is valerie i live next to the kennedy's today i find them to be very courteous and respectful and quiet neighbors their dining room window faces my laundry room and their master my became and their deck my deck i never feel infringed upon they're very respectful and understand the tightness of spaces in san francisco and i had had think they do a nice job have never making me feel uncomfortable in my own home. >> thank you. any other public comment? >> valerie johnson they used to have 332 fulsome

street that we had planned to you know make a better place of and raised out first you know - (inaudible) i think we can it is a place of enjoyment to improve the lots in this area that the real planning department you know put into the you know another on the uses rooms probably the better yards and

they respect you for parking areas that we you know went down here and paid for that they say about the bathrooms and the things and that's not that's all i have to say thank you. >> thank you. we can take rebuttal starting with the appellant mr. howard do you have anything else to say i have 3 minutes. >> don't have much to say i really met john a few times we got along fine i don't have a problem with shooun on his district of columbia i'm concerned about maybe he's redeveloping the property will will upper market sell the property i don't know what is going to happen it is 8 feet

from my bedroom window that is my opportunity to stop it you know, i know personally shawn i've never met his wife i'm sure she's quite all right. too but i wanted to make that clear this is not anything personal only a deck a few feet from my bedroom window not a preexisting condition something we we have control over. >> mr. howard at this time if you want to reconsider a screen on that deck. >> i would consider a screen if it serves the function absolutely. >> the screen can only go back to the average of the rear yard property line beyond that that

the variance okay. >> so i'm not sure. >> it is 80 percent of the deck. >> okay. so i would not see that as a solution to to be honest simply simply because someone standing on the side of the screen looking straight in if it was a screen that blocked the view of somebody maybe 6 feet tall looking at our window perfect that's a solution great that works but screening 80 percent someone that wants to look into the bedroom window that's not a solution. >> can you offer up something mr. howard. >> sure. >> as mentioned we have quite a few of the windows 27 in our home we over look at our neighbors bathrooms and they look at us we're in an elevated

position we've gone with a roller shade during the daytime so from the interior to the exterior they can't see in but from me from the inside to the outside you can see out they can't see in i have a 13-year-old daughter that overlooks any neighbors i still want privacy we have an added treatment for a privacy so during the daytime we still get to enjoy our view and light with zero privacy issues at night when we turn our lights on in the interior we have a privacy button and it lowers the shade our master bedroom 7 of the homes can see our master bedroom so it is really nice having to be able to see the view in the

daytime and option for privacy at night. >> that is, i guess that's works for you if you could imagine in our bedroom our master bedroom we have a verify the best house that is why we're all here the best you can see you know so that's our verify at night time it is a spectacular view the only one from inside our house if he block that at night time you know yeah. >> if the lights are off on the inside you still see out at night is works in reverse. >> yeah. similar we looked one way glass solution if the lights are on smiled you can see you know - >> that's the problem.

>> for some. >> i understand okay and but you know from our prospective did anybody build anything looking at inside our house. >> just for conversation we built our extension both our neighbors filed a discretionary review i made the design notifications to suit both my neighbors my neighbors to my immediate north betsy carmichael his house his immediate concerns i'd like look at his home and now his deck looks at being so my whole house i'm quite aware of that. >> it didn't sound like. >> we still talk that's fine. >> it didn't sound like a great solution something that was probably avoidable.

>> it is it is what it is like i said, i said we live in an urban environment and have closed proximity to our neighbors it's all good. >> okay. thank you and any other questions. >> mr. alternating man. >> i want to point out a question about the windowsill height i manufactured that it is 6 feet from the sill to the window deck surface your question about the lattice and 80 percent of the screen the rear incline is at the wall of the back wall the bedroom to the door entire deck is in the rear setback but permitted less than 10 meeting feet in height anything above that requires a

evaporates so it required a variance you can verify that i want to point out wu we have an exist clearance for the property that does a pretty good job of screening the windows there is already privacy resulting in the conditions which are a huge consideration thank you. >> mr. sanchez. >> go ahead. >> one other thing i want to say is that when they're talking about the sightlines and 6 foot tall we have 10 feet back into this building so it is not like i'm standing and looking into the windowsill 10 feet back the sidelines are the sidelines other thing? my home not a

developer not going to sell this property or anything like that i want to make that point. >> thank you scott sanchez planning department just to commercialism the subject property is 36 rh2 within the sgruts that has a 45 rear yard requirement that didn't allow the methodology we'll have in the code it is a bit of a strieshth or strickerer yard requirement and commissioners even though matter is submittedstricter >> owe. not per squatted we

the appellants argument the view is directly into his bedroom there is a significant height differentiateal and not persuaded how much views there would be anyways based on the amount of trees and greenery i'm not prepared to support the appellant in his appeal. >> i'm in agreement. >> a little bit different than the last case i'm in agreement. >> i'll no - >> i'm going to move it uphold the permit and deny the appeal on the basis it is code

compliant. >> thank you. >> there's a motion on the floor to up to date u you would it is code compliant. >> on that motion commissioner president lazarus commissioner vice president honda commissioner wilson is absent commissioner swig thank you. the vote is 4 to zero the permit is you would on that basis thank you commissioner president lazarus no further business this evening. >> we're

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>> from more information, visit >> athlete >> ladies and gentlemen, good afternoon and welcome. this is the regular meet of the land use and transportation committee. i am supervisor malia cohen, chair of this committee and to my right is vice-chair wiener and supervisor kim. we're joined by supervisor mark farrell, who will discuss one of the items on the agenda. just a point of housekeeping, first of all, we need to keep our voices down. i want to recognize that we have an overflow room in the north light court. if anyone has who is in this chamber, who does not have a seat, please go to north light court. also just want to recognize that we have