on union street. i'm very concerned about this with the impact of fire safety and seismic work. thank you for your time. i hope you revoke the project. >> the clerk: next speaker, please. >> good evening, commissioners. i'm david moody a resident of 330 presidio. i've lived there over 20 years. first thing we'll talk about is the storage space and i know they've talked about allocating or re-allocating it once you maybe approve the plan. currently i have an 8.5' x 5'space. that's a 60% reduction in space so that's a concern. and we heard about this northern border wall mr. arigati and

mr. paxton talked about about the cantilever overhang. there's no such thing. if you look at the google maps the northern wall runs from the dirt straight up to the sky. there's no cantilever or abuttment out there. and so with that the project is based on fake drawings. it needs to be looked at and the project need to be paused or rebuilt. >> the clerk: thank you. any other public comment? seeing none, mr. paxton, you have three minutes for rebuttal.

>> i think mr. vettel is sincerely confused on something. there's an open area in the building which has been proposed to be filled in. here is the area the project applicant has shown on the drawings on exhibit f to be punched out two feet to the north. [speaker off mic] >> the red line is where the existing wall is now.

there's a mistake in the representation. there's six in his exhibit f. he has provided replacement space for four of them. in fact there's five tenants that have space. common area moved. i don't have a problem with that except the laundry and storage units are moved to an area part of this inside leased area. he can't do that. with the expansional work that we're talking about and there are certain exposure requirements and if they stay

within the building the room is not big enough to meet the exposure requirement. the proposed project will not work at 330 presidio avenue because there's not suitable and available space, however, there's tremendous financial incentive for the property owner to gain approval of the a.d.u.s but the only way for this to gain approval is for the project applicant to take space which is not his to take, to misrepresent the conditions. to the reviewing governmental agencies or bend or break the rule or all of the above. the construction of new a.d.u.s should not be seen as a license for property owners to take leasable space which has been leased to someone else and bypass the rule governing property rights.

it pains me to see there's an opportunity to weaken the building. thank you for your time. >> the clerk: thank you. rebuttal? >> thank you, the only point i would want to make again is that the remedy here for the two tenants in the building is to seek a rent reduction from the rent board if they feel their housing services have been reduced in a way they have a loss of housing services and there say remedy. the petition can be filed by a tenant who believes the reduction of service is substantial and reduces the value of their tenancy. that's the remedy. not to revoke the permit but let the permit be revised so the housing services can be maintained. >> so when they go to the rent board for that is it off the

$792 he pays for the two bedroom and two cars. >> i don't know. >> commissioner: thank you. >> do you have a response to what's been brought forth by the appellant and oral testimony relate to the infill? >> i don't. i've looked at the plans and i looked at the cantilevered room. i haven't been out there. >> may we ask the project sponsor that same question, commissioner. >> that was the project sponsor. >> the owner. he's doing it. >> i'm embarrass to say i'm not sure. >> commissioner: could you state your name.

>> joe taboni. owner of the building. i bought the building in october of 2015. prior owner, brendan quinlan engaged mercury engineers to do the soft story work which was all approved. i had no knowledge on expanding any envelopes. unfortunately, my engineer's not here that drew the plan. but as i measure out the units. thank you. i'm in the sure with the expansion question. sorry. >> commissioner: thank you. >> the clerk: next. >> good evening. so this issue of the reapportion

of the northern building wall the plans on the subject permit, the existing plan show the ground floor should be flush with the rest of the wall and the property line and therefore from the proposed there's no shown expansion of that space. whether or not -- and i can point this out on the overhead -- this is the existing can and area in question, the rear northern wall. you can see it's shown as being as a flush property line wall with storage units stacked and

then there's no change here where the a.d.u.s are being proposed. in terms of what was proposed in the plans there was no proposed building expansion where the a.d.u.s were expand. if so it could only be under a cantilevered space or one-story deck. we were approving the plans based on what was represented so i can't verify the appellants plans where it's an accurate representation of what's existing in the field. >> thank you.

>> a site visit may be appropriate to verify existing conditions and structural issues i'd be concerned about. i got a look at structural drawings and there may be one wall that's a sheer wall. only drawings before me there are no -- it may be the best course of action. i also have concerns about the area between the doors it look like into the units. they're calling out for 1r doors and walls but there's two windows in there. you can't have that if that's a rated area and that then would affect the living area and i'd need to do research on that as well. i'm asking for more time from d.b.i. >> commissioner: i disagree with you. you can't have a window in a regular wall. you can. it's limited in size. >> i need to look into that.

it's a big window. >> commissioner: thank you. >> the matter is a continuance. >> >> commissioner: we can't tell from the photo whether it's at the property line or not. let the department gather information and we'll have to bring this back. >> commissioner: madame director? >> the clerk: i'd encourage you to move away from the april 11th meeting because tea --it's full maybe the 18th. >> i'm out of town on the 11th and 18th. is the 4th too soon. >> commissioner: there's no

meeting on the 4th. >> joo >> commissioner: >> the clerk: the next meeting is -- how about april 25th. >> commissioner: the departments know what they need to do? move to continue this to april 25th. >> the clerk: and a visit to verify -- >> commissioner: the existing condition. >> the clerk: thank you commissioner fung. commissioner lazarus >> aye. commissioner fung. >> the clerk: aye. commissioner swig >> the clerk: the motion passes. the last item is (9) appeal no. 18-016 mark brecke, appellant(s) vs. dept. of building inspection, respondent planning dept. approval 100 gates street. protesting the issuance on january 24, 2018, to

julian schuchard and meble tin, of a site permit (partial vertical addition and interior remodel to a two-story single family residence; work includes renovated kitchen and bathroom, new roof deck, altered street level entrance, new windows and new siding). . we'll start with the appellant. have you seven minutes to present your case. >> thank you, board. i'm mark brecke. the biggest concern we had with our discretionary review, don't think the commissioners took in consideration the loss of light. i'm a documentary photographer and filmmaker. my work is all over the world. my light in the early morning in the golden hour when i assess my prints in my studio.

>> commissioner: could you hold on. could you take conversations out in the hallway, please? >> any sun that comes up is when i use that light. it move around. first photo is 6:30. this is around 8:00. it's actual light is there enough light if they build this third floor addition to do my normal work at that golden hour? three feet would allow a tunnel of light at the hour they use that i can work with my presents. -- prints.

the planners down at the project or the building department at the counter, they're the ones that encouraged me to come up here. 76 filings and not the cantilever which will affect my space as you see here. look how close it is. that fence fence is my backyard. it sticks out 7.5'off the roof. that alone the cantilever should have a comprehensive rendering because it's visible from the right of way as people walk by.

i would love the project sponsor to have made a comprehensive 3-d model behind of this third-floor edition. because it's drastically going to effect my studio and my second floor and my third floor with regards to light pollution. we were asking for a small, modest functional modification that i can keep that light and use that light in the morning when i do it. okay, three feet. you would think these modifications would already be inside the design or on the table. let's make this clear, this whole ordeal has been disturb. we're former clients of peter ling and we designed and now he's taken the vast knowledge of our home and using that against

us. he will distort that knowledge if it favors his client at 100 gates like he did in the office with amy beinhart until our lawyer had to call him out and say no. it is completely unethical and unacceptable. we're asking for a modification. the architect said it brings it up a notch in rules of conduct. that's not correct. it's one of the reasons i bought the home. my wife is a doctorate the hospital and used to walk there 20 years. i'm asking for three feet. julian, the permit holder when we had a pre-application meeting we told the project sponsor and

julian we had a $20,000 landscape project already slated to go in our backward. they didn't like that. perhaps it would hurt their process of permit. production started a week after the meeting. we hear from our construction workers that julian's over there taking pictures, telling the workers what to do and disrupting work. and even with the lines between julian and peter we reached out with an olive branch and tried to mediate this thing and get the three feet. we've given up on the other light pollution. i don't know what the issue is here. we want to move beyond this

tonight and we want three feet cut from the north side. this is what a do in that space. this is a sudanese mother escaping the violence in darfar. mr. fung knows why was not at the meeting last time i was at the hague testifying against the president who has slaughtered 50,000 of his own people per day. almost 500,000 total. you know, i would like the overhead project on, please.

>> if you cut that three feet, it will allow me to have a tunnel of light that i can use. a tunnel of light that i can use in the morning hour right there. that's what we're asking for, three feet. thank you for your consideration. >> the clerk: thank you. we can hear from the permit holder. >> good evening commissioners. i'm peter liang. i run the project and a neighbor. i live approximately half a block from the appellant, .

we we've had a relationship as neighbors and done work for him and been in his house and have experience in both dwellings. i bring my role here primarily to orient you to the geographical and physical conditions of the site. i'm unclear as to how much you've seen documentation to the project so far so please chime in with any questions. if i may have the overhead. i'm going to attempt to deploy technology here to spin you around. >> hunter gates is the applicant from julian's house. up the hill is mark brecke, the appellant house. they are contiguous lots.

there's approximately 47 feet, 8 inches from the extent of the proposal and the rear of the appellant's house. the appellant's house is uphill, significantly even with the proposed addition on julian's house, mark's house is still about 25 feet higher. furthermore, julian's house is directly to the east therefore when the sun does rise, it would be at the moment the house may impose any impact on the daylight at mark's house.

and it's below it in elevation. and i'm going to spare you the copious graphical materials i have here but please ask me if you have questions. i'm available to explain details if you have any questions. thank you. >> good evening, president fung. plymouth development. this was filed in 2016.

it's in an rh1 district. it was reviewed by the planning department and was determined to be consistent with the planning code and the residential design guidelines as you've seen and heard, it's essentially a third-floor addition to an existing two-story single-family home set back 18 feet from the back of the property. the existing footing is not a historic resource. the project was d.r.'d in july of 2017. we have to ways we staff and present d.r.s at the planning commission for projects that are more substantial addition or new construction. we do a complete and full d.r. analysis and for those we do require more materials such as renderings. for smaller projects we feel are within the bounds of the

residential design guidelines we consider those to be abbreviated d.r. reports so we do a short report to the planning commission. we do not require the additional material. and that was what this was an abbreviated d.r. packet to the planning commission so no rendering were required. i think the issue that's been raised is a very peculiar issue how people use their buildings. there's not really a specific issue relate to urban design and specifically the residential design guidelines. those guidelines talk of impact to the open space and they do not necessarily protect sunlight to specific homes or views or rooms for specific uses. because of that, when this was heard at the planning commission in october of last year, there was definitely sympathy or the

neighbor in terms of having a peculiar use. however, the d.r. was unanimously disapproved and the project was approved as submitted. planning approved the permit in december of this past year in d.b.i. then issued the permit in january of this year. i'm available for any questions. >> mr. teague, i noticed in planning there were four commissioners so there was barely a forum. >> yeah. >> so three didn't show up. so the other thing is from the back of the property so the other is 48 feet? >> yeah. >> commissioner: so it's not the light and air more the view of the sun? >> to that point, the residential design guidelines does not protect light and air

onto other buildings. it's really in the rear it's about protecting light and air into a cohesive open space and issues relate to view whether it's the bay or sun or whatever are generally not protect. >> commissioner: last question, for clarity, there's no shadow or 3-d rendering required for this, correct? >> correct. >> commissioner: mr. teague, the appellant talked a little bit in his brief about the height limit. what does the department say about that? >> sure. and this is confusing because there's often two separate heights. there's the physical, actual heights with maybe the peak of the roof and how the planning

code determines to be the measured height and so in this situation the actual measured height for the planning code is 30 feet. it could not be higher. but there say parapet that goes beyond that a foot and a half. the physical height is i believe 31.5'. >> thank you. >> the clerk: inspector duffy. >> commissioners, joe duffy, d.b.i. it's been approved by building so far. the addendum is still going through. i'm available for any questions. >> the clerk: is there any public comment on this item? please step forward ?

you'll have time on rebuttal. >> i'm david melman. i'm lived in vernal heights over 30 years. i'm a neighbor and have been through the process of renovating my own house. we did some modest and permitted additions to the help. we followed the rules. i'm in favor of the project for several reasons. first of all, i believe no variance is being requested and it appears to meet all the planning guidelines and zoning for the neighborhood. and a casual walk through the neighborhood indicates that many houses have had a third story added over the years. the drawings demonstrate the addition will not block the light or views in any

substantive view from the neighbor's house and lastly the house was apparently -- i've walked by the house many times and it was apparently very badly maintained. i don't know what the circumstances were about the people who were living there but the house was barely livable. and it's also two small for a modern family. by creating livable space, i believe the proposed project will effectively add housing stock to a city that desperately needs it for families. thank you. >> the clerk: any other public comment? seeing none, we have rebuttal starting with the appellant, mr. brecke.

we have several neighbors who support this third-story addition. we also have four neighbors who signed a petition that 400 gates was not an abandoned drug house. i knew that man. he fell on hard times. he moved in to take care of her and died. his father took a second mortgage out behind his back and the bank took the house, okay. my daughter used to play in the backyard. i would never let that happen if he was -- he was also a tradesman in local 6. when the light is gone and the project built, it's built. i worked for years using that specific light. that light is totally diffused and even. that's why those experts wrote

the letters on our behalf including one that worked for ansel adams. any amount of life in the studio will have an affect on my work. this is not architectural terms. this say church in rwanda and 5,000 people were murdered in that church. this is an albain -- albanian family just returning after their house had been burned and this is the mother who escaped genocide in darfar. president barack obama has this photo. my work is on permanent

collection at the museum of holocaust. i think that work done in that space is worth that three feet. that's what we're asking. that's what we're asking. when the light is gone, it's gone. and the experts who wrote those letters, they continued the statement even after they saw the shadows. that should be very telling right there. i thank you. i'm asking for three feet. three feet. >> the clerk: we can take rebuttal from the permit holder. >> good evening. my wife and i are the homeowners. we first submitted permits nearly two years ago.

it's been a long expensive and stressful process. we thought it was done with the discretion review voted in our favor 4-0 and just to quote the planning commission, [indiscernible] we see aggressive and contentious projects of which this isn't one. he went on further to say it's not one brought to d.r. we've strictly abided by all the planning codes and paid $15,000 in city fees and worked tirelessly with the team. we met mr. brecke multiple times and listened to their concerns and offered solution and offered to pay for the broken retaining wall. unfortunately, he's a very hostile man. on the issue of light, because of the steep incline, one in

three towers almost 50 feet above us with over 50 feet distance between the properties and our proposal would not cause shadow to the yard. there is no light issue. there is no extraordinary circumstance. the planning department agrees with us and given us full backing as has the d.r. board and have huge support from the neighborhood. we have 20 signatures from several neighbors that want to see the transformation of an abandoned house and it was abandoned with needles and burned out walls into something that is sustainable for a family home and it's unfair for appellants who have no [indiscernible] and recently built a large deck with no permit to delay us who are law-abiding citizens with a permit. i understand and respect it's

difficult when new people come into a neighborhood for those who have been there a long time. my wife is pregnant and we intend on growing our family in this home. we don't believe a 2100 square foot home isn't reasonable or out of place on a street with larger homes. it's become a huge financial burden. we're desperate to start building and i have 10 months to get my life and newborn into a livable home. please allow us to build our home. thank you. >> the clerk: thank you. anything further, mr. teague. commissioners. unless you have commissioners, the matter's submitted. >> commissioner: commissioners. >> commissioner: you know, it's

hard to impact the permit holder. i think the department vetted this correctly and unfortunately 47 feet is a good distance away. >> thank you. it was proper issued. >> the clerk: the motion is sto deny the appeal and grant the permit on that motion from the vice president, president fung. >> commissioner fung: aye. >> the clerk: commissioner lazarus. >> commissioner lazarus: aye.

>> the clerk: the motion passes. >> i should have spoken earlier. i wanted to wish cynthia many many happy years of retirement. it's thoroughly deserved. thank you for everything i've learned from you and your true professionalism and friendship and guidance and i'd like to read an irish poem. this is your life has arrived after years of toil look back with graciousness on your great and high quiet achievements. >> commissioner: is it appropriate to adjourn in honor of our executive. >> adjourned. >> i'm going cry.

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>> third thursdays at the commons is a monthly event series to really activate krisk centkrisk -- civic center, fulton mall, and other locations through social operation. >> in 2016, an initiative called the civic center progress initiative was launched, it was launched by a bunch of city agencies and community partners, so they really had to figure out how to program these places on a more frequent basis. i'm with the civic center community benefit district, and i'm program manager for the civic center commons. also, third thursdays will have music. that was really important in the planning of

these events. >> we wanted to have an artist that appeals to a wide range of tastes. >> i'm the venue manager. good music, good music systems, and real bands with guitar players and drummers. >> we turned uc center and fulton street into a place where people want to be to meet, to laugh, and it's just an amazing place to be. there's a number of different exhibits. there's food, wine, cocktails, and the idea, again, is to give people an opportunity to enjoy what really is, you know, one of the great civic faces in america. when you look from the polk street steps, and you look all the way down the plaza, down

market street, daniel burns' design, this was meant to be this way. it's really special. >> the city approached us off the grid to provide food and beverages at the event as kind of the core anchor to encourage people who leave a reason to stay. >> it's really vibrant. it's really great, just people walking around having a good time. >> this formula is great food, interesting music, and then, we wanted to have something a little more, so we partnered with noise pop, and they brought in some really fun games. we have skeeball, we also have roller skating lessons, and we've got a roller skating rink. >> if you're a passion jail

skeeball player like me, and you're deciding whether you're just going to roll the ball up the middle or take a bank shot. >> our goal is to come out and have fun with their neighbors, but our goal is to really see in the comments that it's a place where people want to hold their own public event. >> i think this is a perfect example of all these people working together. everybody's kind of come together to provide this support and services that they can to activate this area. >> there's no one agency or organization that really can make this space come alive on its own, and it's really through the collective will, not just of the public sector, but both the public and our business partnerships, our nonprofits partnerships, you

know, neighborhood activists. >> i really like it. it's, like, a great way to get people to find out about local things, cuisine, like, it's really great. >> it's a really good environment, really welcoming. like, we're having a great time. >> we want to inspire other people to do this, just using a part of the plaza, and it's also a good way to introduce people if they're having a large scale event or small scale event, we'll direct you to the right people at the commons so you can get your event planned. >> being a san francisco based company, it was really important to connect and engage with san franciscans. >> how great is it to come out from city hall and enjoy great music, and be able to enjoy a

comtail, maybe throw a bocci ball or skee ball. i find third thursdays to be really reinrig rat reinriggating for me. >> whether you're in the city hall or financial district or anywhere, just come on down on third thursdays and enjoy the music, enjoy an adult beverage, enjoy the skee ball; enjoy an adult playground, if you ♪ >> i am so looking forward to

the street fair tomorrow. >> it is in the mission, how are we going to get there? we are not driving. >> well what do you suggest? >> there are a lot of great transportation choices in the city and there is one place to find them all, sfnta.com. >> sfmta.com. >> it is the walking parking, and riding muni and it is all here in one place. >> sitting in front of my computer waiting transportation options that is not exactly how i want to spend my saturday night. >> the new sfmta.com is mobile friendly, it works great on a tablet, smart phone or a lap top, it is built to go wherever we go. >> cool. >> but, let's just take the same route tomorrow that we always take, okay? >> it might be much more fun to ride our bikes. >> i am going to be way too tired to ride all the way home. >> okay, how about this, we can

ride our bikes there and then we can take muni home and it even shows us how to take the bikes on the bus, so simple right here on my phone. >> neat. we can finish making travel plans over dinner, now let's go eat. >> how about about that organic vegan gluten free rest rft. >> can't we go to the food truck. >> do you want to walk or take a taxi. >> there is an alert right here telling us there is heavy traffic in soma. >> let's walk there and then take a taxi or muni back. >> that new website gives us a lot of options. >> it sure does and we can use it again next weekend when we go to see the giants. there is a new destination section on the website that shows us how to get to at&t park. >> there is a section, and account alerts and information on parking and all kinds of stuff, it is so easy to use

that even you can use it. >> that is smart. >> are you giving me a compliment. >> i think that i am. >> wow, thanks. >> now you can buy dinner. sfmta.com. access useful information, any >> ok, i'm going to hop around like this, it is cold in here. that's dirt. this is a ground breaking. there is a big banner and if you've been involved in the project, you know that the banner has been up for a long time. it says the future of the neighborhood starts here. at long, long, long, long, long last, the future of the neighborhood starts here. applause line. [applause]

116 years after this building opened, 116 years. we are on the precipice of just an amazing transformation of this space. commissioner, can you -- this is just recent history back in the day when, i don't know what we were doing here, but trying to keep the thing still standing. so that in i think it was 2002 or 2003, mayor brown and then recreation and park general manager, elizabeth goldstein and i'm not who was running mta at the time -- dan? michael burns. so we were able to transform -- well, this property was given to the recreation and park department and, boy, were we

happy to get it, sort of. [laughter]. it's what i would call a fixer upper. and it has taken the last 16 or 17 years of sweat and desire and push and pull and push and pull. and leadership, which you're going to hear from today. and community leadership to get to where we are today. this really genuinely is the little project that could. and so here we are, it's just a joyous moment. mark buell, who is not here today. here's our mayor, but i meant to go over here to the commissioner. mark buell is president of the rec and park commission, and says it takes a village. this takes an entire city to pull this project off. and there are so many people to

acknowledge and thank. i'm going to that and then turn the microphone over to our mayor. there are a lot of people who have had some skin in the game here. let me read off the beginning of a list. obviously, let's start with the late mayor ed lee. who was here for -- [applause] our current mayor mark farrell who has been a park champion from the get go and helped make stuff happen. representing assemblyman phil ting. he delivered a total of $6.5 million of state funding, including $3.5 million for this project. our recreation and park vice president allan lowe, who has given this project all kinds of leadership at city hall.

we have representatives from the performing arts workshop here today. the community arts stabilization trust. you're going to hear from them. todd. joachim and amy, thank you, thank you, thank you. equity community builders who did the financing and historic preservation financing. officially the most complicated project in recreation and park department history. it makes the soccer fields seem like a cake walk. the san francisco community investment fund, sf, todd wearing two hats there, for the new market credit financing. darling design. former district 11 supervisor john ablows. let's give him a round of

applause. your district 11 supervisor, safai. the head of the arts commission, tom dekaty. department of public works, rob bot construction. i don't know if she's here, but our city attorney, she earned whatever she billed to this project, which was a lot, adira tailor. and two special people that i want to take an extra second to thank. there is a lot of other names i'm going to fill in over time. i want to thank two members of my own team. reama. and then nicole. come here, step up. this woman right here. [applause]

she started this project -- where is dan weaver -- working for friends of the geneva car barn. i stole her which made them -- you guys very upset. but you know, sometimes you can bang on the door from the outside and it takes somebody with nicole's talent to make it happen from the inside. this project does not happen without nicole abele. more thank yous to come, but let me turn over the microphone. the guy behind me has been all over the city, parks, parks, parks, there is other stuff to do, but all he cares about is parks, parks, parks, parks. mayor mark farrell. >> i think phil took care of the thanks, but let's give a round

for phil ginsburg, our general manager. thank you, phil. and to the entire rec and park staff, thank you for all the work you've done on the project. to assembly member phil ting, i know we're here in large part because of his efforts and want to thank supervisor safai. this was something he talked about when he was running for office. we talked about it in the board of supervisors. such an amazing advocate for the neighborhood. it was about 5-6 years ago that as a district 2 supervisor, weaver came to our office enough that we came here and went on a tour of this place a number of years ago. and so this has been an issue and project that because of the advocacy of so many of you has been in the forefront of peoples' minds.

who here is a neighbor? give yourself a round of applause. this is grassroots, built from the neighborhood, with a lot of support. but to cass and all the people making this work. i want to say thank you for everything you've done to get us to where we are. i'm curious about what is buried under the ground, looks suspicious to me. but this is phase one. advocacy does not stop in terms of the entire project, but thank you all for the work you've done, the leadership behind me. but really for the neighbors. and you know, continue to make sure that everybody knew this was a priority for you and what this will do for the neighborhood for years and generations to come is incredibly exciting. proud to be here today. thank you, everyone. [applause] >> so before i bring up the next speaker, i also want to give a big shoutout to beth ruebenstein who has supported this project

wearing a variety of hats. thank you, beth. so, this project has benefitted from the great leadership of two district 11 supervisors, but i am very, very proud to bring up the current district 11 supervisor, whom frankly we could not have asked for more from. he's helped power up our balboa park pool, scored funding for a dog play area, he just joined us last week at the opening of the geneva community garden down the street. which is amazing. he participated in the planning and design conversation to make the playground better. he was there to celebrate the bike project. this guy really fights for district 11 communities and parks and green space. ladies and gentlemen, supervisor safai.