the matulas will be 100% responsible for this. they get to pick their poison. it's more dangerous to build a sidewalk and a lot higher level of liability for a sidewalk that's been constructed than for natural land. if someone's hiking up through these bushes as it is now they will at least have that defense, but won't have that defense on this steep slope of concrete. as you heard from the neighbors, mr. brand is bent on attacking the matulas, who knows why, and he's bent on rehashing arguments that went out with the dr. he talks about windows, and the design. the design has been set since 2006. the only thing he's been dealing with is the access, but he keeps going back to that. we tried desperately not to be here tonight. we tried to settle this. we tried to make a gift to this developer of the illegally constructed path and the illegally constructed path makes a heck of a lot more sense than what they're proposing now. here's the illegally constructed path that slopes gently up. here they were building it columbus day weekend they went out and built it ille

taking a 15 foot sidewalk up here makes no sense whatsoever and it's unfair to the matulas and not legal. >> thank you. mr. brand, you have three minutes of rebuttal. >> a sidewalk that close to the house there would be no turning radius so that's r just not foing to happen. that's not the intention at this point. whatever happens with that will be way in the future because karen's planning on fibbishing this project and selling it. it is true. he's been trying to sell it for a long time now. hard to sell when you don't have access to it. doctor shoe said there'd been a bait and switch. we floated a whole bunch of ideas for the neighbors on how to make that driveway fly. we wanted to get a driveway in there, we offered park, we offered extra parking for the downhill neighbors, ones who don't have down hill parking, well thought maybe that would get people intrepsed. interested. there was no bait and switch. the final application we made wasn't the same as five of those ideas we put out there because we couldn't apply with all of them. yes, we were very clear we wanted a driveway. and the

brief, but the official sidewalk here is 15 feet so there's a ledge slated sidewalk width that the matula's are already responsible for maintaining, whether it's approved or not, whether it's constructed as a con skreet sidewalk or whether it exists in its current state as just unimproved shrubbery basically. so based on that we issued a street improvement permit for the construction of this 15 foot wide sidewalk to city standards, no additional notification was required as a result because the sides walk is being built to city standards. there's a number of projects all over the city where there are unimproved sidewalks and based on the better streets plan, ada improvement to make it less liable because if a pedestrian is walking on an unimproved sidewalk it would reduce the liability for the property owner that will ultimately be responsible for that sidewalk. thus we request you up hold our decision to issue the street improvement and provide access to the subject property. i'm here to answer any additional questions any of you may have. >> in your department's criteria for the design of

with matulas died. >> no you may not. >> you have rebuttal if you care to use it. >> yes, i just want to make a few clarifying points. one, again, to reiterate what mark brand just said, there were no curb cuts permitted under the street improvement as part of this 15 foot wide sidewalk, thus, unless the future owners, unless the owner applies in the future to construct one, there is not one in the plans right now, nor is there one approved. with regard to the temporary path, commissioner wilson, my understanding in talking to our inspection staff who were inspecting the work in the public right of way was that this path was constructed strictly as a construction path to get equipment to the site and our decision was if this is construction related it could be issued as a street space permit, however, prior to signing off on the project, whatever was constructed whether it was just ripping through some landscaping, that needs to be restored to its original condition before we seen off on the project. thus, at this point we're still expecting that that temporary path will be restored.

. >> matula: 7,000 episodes! >> liam: i can't breathe!rey: seven... >> mosley: seven... >> diamont: ...thousand... >> brewer: ...episodes. >> conroy: whoo!