kwok. i have had several complaints from him over the years at the ranch from light coming out of my office in a way that is unacceptable to him and so i have tried to probably to a fall avoid conflict by putting at his request shades of to block the light from coming out of that window which also means that i get in from the daytime from that window and i have done that and he has asked, mentioned the fence between our yards has rotted and wanted me to repair it saar repaired the fans we share between our lots without asking him to contribute to that cost. he has asked me on multiple occasions to do various things and i have informed him that i wanted to do a dry run repair and also put in a guardrail, protective guard rail as my wife and i have a daughter in her second year of life. this is an unsafe balcony that has needed repair for many years. if a child were to climb out the window would have a distance to fall. i have no intention of making any of the major modifications. the balcony

if i choose to just remove the railing which is part of the objection of the kwoks, could i also have the option of not having any railing or wall? >> yes. >> i just wanted to add that compounded into your description. >> the condition would be to either install a six-foot privacy wall or lattice or firewall or have no railing. >> yes. >> i wanted to make sure we have had a lot from the permit holder. i have not heard responses from the appellant and i want to make sure that the appellants are following what is going on here. if you could come to the podium, i want to make sure that you understand what we were talking about. >> thank you. my understanding is the board proposed to build a six-foot privacy wall so he can keep his balcony. is that right? >> that is one of the conditions. dr. berman stated he would like to choose the option of removing rails all together so no privacy what would be there. >> no railing and no wall. >> just a platform. the balcony is a horizontal several pieces of wood. >> the depth would be reduced to comply with the planning code. >> i want to make sure

kwok's. the inner side of that wall -- was their interest to put the wall all the way around between the other rails? >> no. >> your intent is to build a deck that is 2 feet 6 inches wide? >> whatever is allowed by planning. it has been allowed if it is a 3 ft. balcony. that is what is in the appellate's last exhibit. you can see the description. extending 3 feet out from the rear wall. a balcony with firewall in exhibit o of the appellant's brief. not 2 feet 6 inches but 3 feet. >> may i hear -- why are we hearing the discrepancies hear? >> my sense that the appellant -- the permit holder may be confusing the building department with the planning department. which is an understanding -- understandable confusion, i might add. if i can perhaps throw something out there. the photo on the overhead right now -- is not clear to me if this is the condition of the debt today. it was the deck in the past or the condition in the as bill. i do not believe it was the latter. i'm sort of confused now. i

. >> my name is ellen kwok, i am the wife of david. pleasrequest the court of appeao order the abatement of the building permit. to say that balcony must be built 4 feet away from the public line so people stand on the balcony cannot see into our room. as one of the homeowners, i have never been invited to any of the meetings or conversations that was mentioned in the brief. i do not believe david and him ever came on in a verbal agreement on his attention -- intention of building a balcony. the definition of a balcony is a platform projecting from the wall of a building, a railing along its outer edge with access from a door or window. please look at exhibit b. a picture of the response. this is what it would look like before was built into a balcony. it is not a balcony. what he claims is -- a balcony existed before he built it. no one can stand on that thing. i do not know how to college. my english is not that good. the pictures show how it was before it was expanded into a balcony today. you can look at it. exhibit e from the appe