however, the apellant, the permit holder, withdrew their appeal. therefore that decision became final. so the suspension remains in effect to this date. there were interim controls that have been adopted by the board of supervisors over the past year from the end of 2013 to the end of 2014. also when the permit holder released or withdrew their appeal, they indicated some willingness to work with the city to look at alternatives to legalizing the building. not aware of any constructive discussions that were had during the past year to result in legalization, certainly no permits, no proposal was moved forward to legalize the residential uses of the building. late last year we received a communication from the attorney for the property owner indicating they would like us to take a final action on the suspended permit, it had been suspended for a little bit more than a year at that point and they wanted some action to be taken. we did our best to complete review and determined that certainly at that time that the planning code did not prohibit what h

the apellant addresses the issue of relative affordability. in this case the home that's there is really not usable as a single family home. we're looking at the city policy in favor of contributing usable housing stock. in this case the project will do that, it provides a relatively modest home, under 3,000 square feet, but a usable home compared to what's there now. what's there now is an undersized single family home. it's unatrack tif, as you saw. the roof leaks, the floor joists are rotted, there's a family of raccoons living there. the project would dmraulish the uninhabitable building and build a 2,986 square foot two-story home. it creates a consistent street wall along the street front. this project started out larger but there was some concerns from the neighbors and the project sponsor has changed the project consider bli in response to those concerns. most significantly they agreed to remove the third floor level. this matter did go for discretionary review to the planning commission. at that point the project sponsor agreed to rem

why hasn't it or wouldn't it have been given to the apellant? i'm going to be cynical, wouldn't it give grounds to shut her up if she saw the accomplishments. i have researchd with caltrans staff. yesterday the planning staff said none of the people who prepared the eir were registered traffic engineers or regular engineers. you heard mta said in 2012 we'll get to it later. there's no adequate competent independent transportation analysis going on. the caltrans staff at district 4, the bike ped coordinators, they said they were supposed to have gotten the draft eir yesterday people were told the project was originally given to caltrans some time ago and they accepted it. it's not the same as receiving the draft eir caltrans staff further told me that there was supposed to have been an application for an encroachment permit for the requested access curb ramp. you're hearing all these great nice things about eliminating the access curb cuts because it's unsafe. back up and deal with reality. there's already a crosswalk across 5th and bryant entran

so we will take our rebuttal then starting with the apell ant, mr. collieer. >> thank you, i wanted to address commissioner swig's comment. i do have an email sent to mr. gall, the permit holder, i will put on the overhead. plumbing inspection division said i found no violations, this was in october of 2013. building inspection said elevator lobby doors need to be upgraded, there was a lack of required heat. but basically they all felt that it was just maintenance issues in many cases. for example, electrical inspection says most of the problems with these buildings appear to be maintenance related. so i don't think they are willing to waive the requirement of light and air, which is what mr. buscovich said was the big problem, having to he to ex this building is not a fire trap because mr. gall said that himself in front of the building inspection commission, it's in our brief. i fully support what zoning administrator sanchez said about because the law is currently is at, this permit cannot be issued, you should not abuse it. however if you feel yo

>> the request was based on the apellant being out of town. i don't know any more than that. >> there's a motion on the floor from the president to reschedule this item, appeal no. 15-023, item 4, to may 13th. on that motion, commissioner fung, aye. vice president honda, aye. commissioner wilson, aye. and commissioner swig, aye. thank you, the vote is 5-0, this item is rescheduled to may 13th. thank you. >> the second house keeping item, commissioners, who has to do with item no. 8, that matter has been withdrawn and will not be heard tonight. item no. 1 is general public comment so if there's anyone here who would like to speak on the board that has to do with the board's subject matter jurisdiction but is not on tonight's calendar we would invite you to come up and speak now. is there anyone here who would like to speak under general public comment? seeing none, we will move on to item no. 2, which is commissioner comments and questions. commissioners. >> i would like to, on behalf of the commission, also welcome our newest commission, rick

i agree with the apellant that section 317 is problematic. been before you before on other cases and i think we have expressed our concerns regarding this, not on something like this which was actually more straightforward because it's a demolition permit and a new construction project. this is not an alteration and we're not debating whether it's tantamount to a demolition. i do think section 317, which has been in place since 2008, to address concerns, may not be the best tool. it may be the best tool that we had at the time but when we look back and see what other options we have to try to enhance and preserve our relatively affordable houtsing stock. so with that i am available for any questions. thank you. >> commissioners, the matter is submitted. >> does our new commissioner want to weigh in? >> not quite yet. >> there's a couple of major issues that have been brought forth here. at first, you know, when i read the brief i wasn't quite understanding the term relative affordability. most of us think that there's, you know, are there the

the apellant, he said there were five. >> there are open -- there's closed complaints and there was a lot of complaints. i checked that this evening. i think that happened the last time as well. it is hard to find them under all of these addresses. i don't have anything, i can check that for you during my time, maybe the next time i'll have that for you, i can check on the i pad for 7 nobles and 9 nobles but there might be other ones under different addresses in the same complex, but i don't have anything for 7 or 9 that i'm aware of tonight. but i will check for you before i come back up again. >> i have a question, mr. duffy. as far as you know is there only one complainant from those addresses? >> i believe so yes. i believe so. i think going on the suspended permit, if someone is still working on a suspended permit it's usually the apellant that's calling, they are the ones that requested the suspension and they are the ones that notice that the work is still going on. then on the housing complaint obviously mr. bruno met with the housing inspector so i assume he's the complain ap

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i was allowed to work the work-study program, and i was granted apell grants, which have helped me tremendouslyough this. being a parent ofa that is getting ready to come to kirkwood next year, i have learned so much being here to help her get through the rest of it because college has become more of a a necessity than it ever has before, i think. in order, which is why i came back to kirkwood, because i wanted to be proficient in a skill that i could use ina a variety of ways whic this administration does that. hillary clinton: does the work program, pell grant pay for it or do you have additional cost? >> so far. i am getting to a point where i may have to take out loans which i'm trying to avoid because i do not want a large debt when i'm done. when i'm done with kirkwood, i would like to continue on to a four year degree. hillary clinton: if that is what you want to do, that is a great goal. i fully support president obama's plan to make community college free, but even if we were successful in making the costs directly associated with going to college free, there all these other costs peop

i was allowed to work the work-study program, and i was granted apell grants, which have helped me tremendously through this. being a parent ofa that is getting ready to come to kirkwood next year, i have learned so much being here to help her get through the rest of it because college has become more of a a necessity than it ever has before, i think. in order, which is why i came back to kirkwood because i wanted to be proficient in a skill that i could use ina a variety of ways whic this administration does that. hillary clinton: does the work program, pell grant pay for it or do you have additional cost? >> so far. i am getting to a point where i may have to take out loans which i'm trying to avoid because i do not want a large debt when i'm done. when i'm done with kirkwood, i would like to continue on to a four year degree. hillary clinton: if that is what you want to do, that is a great goal. i fully support president obama's plan to make community college free, but even if we were successful in making the costs directly associated with going to college free, there all these other costs p