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rear yard encroachment and slightly different they were seeking rear yard notification that is not meeting the rear yard notification the difference between the two the notification not the same scrutiny your eligible for that if if in one the previous cases you take the amount of open space and have it relocated they have a deck for the unit above but not equals it is 8 hundred square feet if they have more open space that on the property it wouldn't be a variance but a rearard notification to the rear yard variance request i have concerns there is a pattern of buildings encroaching to the rear yard and seeking justification you there, however, would like to see more efforts for a soft ening presence with the so they were to increase some of the open space so they qualified for the notification but the roof deck will help. >> you have to bring the building back. >> they'll not have to change the building only above so potentially extend to the rear yard property line with a green roof or more open space something less than a roof in the rear yard what is there i agree with the neighbors is quite attractive there's i've i didn't and the interact between the commercial that buildings on 24th street so i think there needed 80 needs to be more effort in minimizing the impact. >> can you ask you a question mr. paul you're asking for a lot it is the size of the statement rear yard variance hours the unit without parking i mean most of it i think it fine but i h

rear 26 hodges has existing stairs in the rear i'm not opposed to the inclusionary of the stairs only to make an adjustment modification to the rear and the second-story i've asks the owner to make the minor adjustment there's an additional 3 by 3 folded of open space 26 hodge's has no rear yard their adjacent neighbor is even smaller them they have a rear yard i'm asking the planning commission to protect the hours in the rear and our guidelines protect the hours and hair air and light and privacy the special building locations and discretionary review should be granted and an existing circumstances my two light wells have difficulty will assessing the lights it is a mere verizon slope this is what is on this slide university slope - this slope is within one foot 26 hodges is on the slope no one mass seen this it creates light well problems light will stream through 26 hodge's stream there a small set back area and between the deck that light is reflected back to my light well, the project sponsors has not made concessions and the project sponsor is did not allow that and again back the 26 inches only 3 by 3 feet a that's not to the fact that hodge's has an additional 5 hundred feet ami i'm asking you to review this plan of the surveillance hearing mr. sanchez suggested

rear yard variance to construct a rear horizontal and new three story into the rear yard we'll start with the appellant you have 7 minutes. >> closure i've hired reuben, junius & rose for a personal private matter prior and feel like i can hear this case obviously. >> before i start my presentation based upon the fact we have a high burden and one of the issues with this procedure since the planning commission we've asked to be included in with the dialog and been included in that so so would the board poison this and have real dialog with the property owners again, that's one of our main issues here as well but i we're ready to have a host off neighbors here so whatever. >> we'll precede. >> okay, here we go. >> again members i'm annuity rude i'm here are my husband mr. fox we live around the corner from the subject property and lived here 23 years raised our 3 girls as each of our surrounding neighbors and while we've not at the end the discretionary review hearing we find this with interest to the varies procedure the neighbors who opposed the discretionary review please stand up they're all here designated 3 speakers for the public participation time and in order to keep our points short and to the point the project sponsors didn't understand the burden of proof indeed i do i spend pie professional life defending folks the standard is that the board defers to the zoning administrator error through was therefore an abuse of discretion the entire discretion was built upon his decision from the lot precludes other decisions it didn't and the primer argument by the zoning administrator in this decision the shape of the lot requires variances other than the 3rd and 10 floor that was not his opinion during the review process as evidenced by his combines to the applicants the evidence in exhibit 8 of our appeal until the final decision the primary guidelines issued by the zoning administrator that was county to the patents on the first story and the rear yard variants is okay second-story no variance sought and the third-story he provided guidance that the other solutions were possible but not expand the

noted that the addition is separated from the rear yard within a 20 foot separation between the emission in a approximate 12 foot rear wall and a at the rear of steiner the adjacent properties to the west including the dr requesters house are uphill in the subject property and the shadow impacts will be minimal the rdt found due to the existing yard between the dr requesters and subject property that the project proposed west facing windows will not create a problem with the privacy of the interior spaces the residential design team said the project does meet the standards of residential guidelines and does not create an exceptional or extraordinary circumstances it is the departments recommendation that the commission not take dr and approve the project as proposed that concludes my presentation. >> thank you dr requester i have five minutes. >> hi, i'm france can you tell me came intoer living on steiner on alamo square our concern is the lack of light i have the sun study for winter would basically taking our sunlight from 7 or 8 o'clock in the morning that maybe minimal to this person but it is not minimal to us there's here this is th

rear yard the rear portions of the subject property is decks and the spiral stairs are located within the 15 foot deep rear yard the single dr request was submitted by the owners a a two unit buildings behind the subject property the concerns expressed include the following the firewall low effect the light and air cease to the property and it is unreasonable since the project is originally issued in 2011 proposed the staircase in a location not requiring a firewall following the submittal of the discretionary review the identical design team reviewed the issue and . >> snow unusual circumstances in the proposed firewall will not impact the dr light and air they recommend it not take dr and approve as proposed. >> thank you dr requester. >> yes. we prepared a passage for the commissioners. >> great. >> good afternoon, commissioners my name is tom i'm one the owners on waller street with my wife and housemate pamela we want to give you a history the project was initiated in the fall of 2011 right about that time our house caught fire and burned down we were out of position for a couple of years while the project move forward we got no notification that project was going to be put forth by the gentleman we've checked the radius as many list my name is not on it we had no idea that was going forward and this wall would be built facing our backyard the variance was granted in 2011 and the variance stated in order to comply that the gentleman needed to meet the city codes the project as approved at that time met the city codes because the spiral staircase was 3 feet over if i may have the use of overhead. >> sorry go ahead. >> our architect went to the reviewed the permit plans as approved not as overwhelmingly submitted but approved by planning and dbi and notes you notice in red with the staircase was originally loca the plan and in black where it is actually built what happened with the k3r5shg9 didn't follow the plans that were approved now to rectify this we want to build a firewall where it was approved by planning and dbi we obviously disagree with the recommendation of the abbreviated analysis of the review team we think that there's significant impact here to us in terms of light and air like to show you a picture of - what it looks like from the backyard as you can see the spiral staircase is about 5 feet coming out from the rear wall of the subject property we have about 10 to 11 feet find backyard as a space so foot wall takes up thirty to 35 percent of the air and light space from our backyard another shot in the upstairs kitchen window you can see those are significant amount of the air and light in view from the upstairs will be cut off if the wall is built there and we believe that the vbts go under the code require that this variance be denied no exceptional or excelled circumstances only the failure to build the staircase and finding two we shot hardship was not created or contributed to the owner here's the owners contractor that misplaced the stair in the wrongs location the plans were approved 3 feet away someone made the decision to build it in the corner finding 3 this is necessary for the preservation of subject property right we believe heel we'll be losing the property right a lot of the view and light and air finding 4 that it not teller injury to other property again we feel there will be inj

rear of the plane, right there -- can we freeze that video and go back? you notice how the rear of the plane back up the tape a little bit, notice how the rear of the plane, the tail is literally dragging -- there we go. notice how the rearane is dragging there's no room for somebody to come out of the back the emergency stair case out of the back. as it would -- as things would happen, i was just on md-80 a couple of days and exited through the rear of that plane. so as you can see with the tail draging, there's no way to come out the back. you have to come out over the wings and looks like the right wing was the best egress route if that left wing had a fuel leak and if in fact portions were ripped off. one person we're told transported to the hospital. >> just an update handed to me saying that there are 24 nonlife threatening injuries three of whom have been transported to the hospital. now we've got a new update on that number that have gone to the hospital. i also understand we have fresh images from the fdny. these are nypd pictures off the water and we have some from the fire department of new york. these specifically from the fire department, directly reference their being on the scene because of the fact that t

rear being used to bring up the rear. >> oh >> oh. more coming on 7 news at 11:00 over on channel 7. >> pretty good. i know larry chuckle a little bit. >> speaking of bring up the rear are you referring to me personally? warriors in first place dan. let's not knock the warriors. >> tough game. >> well they are tired. they are tired. 6 game road trip they are tired. coming back from a deficit in boston question was really how much the warriors have left in the tank as they finish up the 6 game roadie in brooklyn. you andrew played 19 minutes last tonight but the big aussie showing up and angry. like me. 16 of the first half. rest of the way. then taking he shall with brooklyn shove them to the ground. third quarter. former stanford manilo pez shoot the jumper 26 for lopez. curry driving. from out of nowhere. warriors within 6. on fire in the fourth. flies by. and then the tie at 108. pretty good assassin him z.under 2 seconds himself. golden state. key jumper and. johnson comes over and trays to reverse it. shot too late any way. didn't go 110-108 brooklyn the final. warriors go 3 and 3 on the very long road trip. wild monday finish at the honda classic weather delay

rear gear appears to be down is because the nose, john is into the berm and into the fence, so pushing the nose up, making it appear like the rear of the plane is down. the rear gear, the main gear is deployed, has deployed. as we're starting to get colder and colder, we're worried about this for roadways, thinking nothing about the airports itself. it has been raining all night. it was wet, it was 34. then it got to 32 and started to snow. now it's down to 24 and still snowing. all that snow, all that water, all that slush is freezing now on the roadways, on the bridges and certainly there on the tarmac. i've been looking at twitter and other pictures from all of our local affiliates. it appears that the nose did hit a dirt berm at the end of the runway, pushed itself up into the fence and that's why the rear gear looks like it's down. it's just that the tail of the plane is down because the nose of the plane is slightly up. >> chad, again, we do not know why this md-80 got into the condition it got into, although thank you for the information as you've been looking more at those pictures, it appears the nose of the plane is pushed up on a berm. we don't know why that flight did end up landing as it did. talk to me about the conditions today, the ice and the snow. what impact directly does that have on a flight that's trying to land? >> there are the breaks that are used with the wheels and the tires and certainly the brakes that a plane will use as it deploys its reverse thrusters and the like. you have to use all of those things to get you slowed down, especially at laguardia which is not a very big field in general. as the plane is coming in, it clearly got onto the tarmac that was icing. starting to get much, much colder. temperatures dropping one or two degrees per hour and not gettin