Skip to main content

tv   [untitled]    March 25, 2015 4:30am-5:01am PDT

4:30 am
appellants want to address this board so with our permission we'll bring the appellants up and have them address the board okay. >> how much time. >> the minutes you'll have 3 minutes to address the board. >> hi, i'm jeanie alice p this is my husband scott so mr. cynthia goldstein's i know they wanted to cancel their permit we're here to clarify questions in the last hearing that was confusion around whether this of the the first name home or a two unit dwell one of the xhimgdz to get clarification we should assume it is a dwelling unit in the last hearing one of the action items to give dbi time to inspect the house this hadn't
4:31 am
been done we are here to see if there's an inspection to be done of the house to make sure that the work is compliant with the code and we can unravel all the work to date and there of the confirmation around the plans and the work that was done. >> i don't know if there's anything i want to add. >> okay that's it thank you. >> inspector kern. >> inspector kern dbi again there have been inspections or sphinxes performed based on permits after talking with the evict for the upcoming project tailoring there's to propose sound like they're going to be changing a lot of stuff. >> it appears whether it was a
4:32 am
house. >> they've seconded the rooms off i don't know what their intent was but a lot of changes done. >> you've seen the property as it is in it's current condition. >> i wrote the notice of violation and they need to be educated. >> there was confirmation whether the single-family and off and got repair work and started to frame walls that's when we wrote the notice of violation and nothing has been done since i think. >> okay. thank you. >> okay. does e is there any public comment? >> perhaps mr. sanchez can discuss the zoning here because this - >> thank you scott sanchez
4:33 am
planning department the subject project is within rh2 that allows the dwelling units it show the legal use but our assumes and dbi sites this is a two unit building not automatically to convert to the process to authorize that. >> i think at the time that was a discussion whether an additional in the rear or some of the things so i'm assuming that they refile to make it two units there maybe a 311 requirement. >> if they do expansion of the building envelope the section two envelope is required but restoring back to the envelope expansion that will not require notice. >> if it didn't i recommend
4:34 am
your staff do their neighborhood meeting very well. >> certainly and the preapplication process the community meeting is only required if certain circumstances depending on the scapegoat of the status of permits they're on our website sf >> commissioners the matter is submitted. >> a continuance. >> continued to when. >> i'll recommend a date in may the 13th a genus amount of time and the appeal can be cancelled for the time. >> may 13th you said. >> yes. >> move to continue this to may 13th. >> thank you.
4:35 am
>> mr. pacheco. >> there's a motion on the floor from commissioner fung to continue to may 13th this is to allow time for the permit holder to seek consultation of the abandonment of permit commissioner president lazarus commissioner vice president honda arrest commissioner wilson thank you vote is 4 to zero this matter is continued until my 13th. >> thank you item 7 ab appeal numbers 14207 and 15002 on sanchez street are next filed by two appellants against the zoning administrator and the second against the department of building inspection the protesting of the granting to james and affordable unit stash of a rear yard variance to
4:36 am
construct a two story and the issuance of january 2015 of an alteration permit to include two stairs and some doors and windows as well as electrical and plumbing work both matter were considered by the board and continued to allow time for further negotiation between the parties and commissioners, i was contacted by the determination holder today with a request that the board consider a what with the request of the matter to be continued the appellants are not interested in a turns so we will give each party a few minutes to address the board with a continuance request so we'll start with the determination holders the ones
4:37 am
that initiated the request. >> i don't want that you have to ask the board to accept my documents into the record you'll have a refunds to talk about the continuation. >> of interest to you i don't know what the e-mail is. >> thank you okay okay. so i put on the overhead the contents of the e-mail i think they requested that meeting we'll have one so for we made a lot of progress we were relying on one more meeting we ask mr. sanchez to make
4:38 am
concessions on the design it is complicated we need more time to review it and also over the weekend and monday james mother was hospitalsed and milled back into the hospital i'd like to ask mr. sanchez to speak. >> i'm rod sanchez thank you to mr. sanchez he was instrumental in getting the plans the districts we are that given to please compromise no one is going to get everything they want we understood that so we went to that meeting with several options initial opposite to make a reduction of the projection of the second-story and that was
4:39 am
rejected immediately we responded immediately we said. >> can you stop you weary think meeting excuse me. we're discussing first the issue of whether to allow continuance yes. >> versus the merits of your meeting. >> sure. >> okay thank you, commissioner so. >> there's been one meeting and you want another meeting; is that correct and precisely we made the molestations we're getting color i sure you one final meeting we'll be able to reach a compromise that will be maturing beneficial. >> thank you, mr. gladstone i want to talk about the continuance issues first of all, we believe from the meeting that the appellants don't fully understand iowa we want it is complicated that of those
4:40 am
presented by did zoning administrator they came up with a change and barely look at the change we need time to make sure they understand because they now seen two drawings and one was in response to the c a saying that drawing was not good enough there has been 4 meetings it's worth taking the the to have one more that will be short address maybe settle the case the importance of april 8th is several i'll be out of town the week before that the clients have a break from school and don't have childcare it is important to get a continuance to april 8th thank you okay. we'll hear if the appellants regarding the continuance
4:41 am
continuance. >> thank you. good evening commissioners kate pool on bailiff the appellants we oppose the continuance and like to have this matter resolved tonight we're sorry to hear about james mother but the productive discussions between the parties were over by monday so we don't believe that allowing important time for discussions is either necessary or useful you're aware at our request mr. sanchez meltdown the parties between the last week and two days ago he sent us the views as well putting that up he states in there at this point, i'm quoting i believe it
4:42 am
is best for the board to take action on the project given the results including the failures to reflect our discussions i don't believe that further discussions between the party is productive unfortunately, we agree we the our best to the last three weeks to find a solution but the compromise means into parties have to engage and address alternatives that addresses both sides and the actions of the project manager they're not willing to do this the project sponsors refused to meet us with even though the day after the last meeting they've contacted both parties and mr. sanchez and the project sponsors
4:43 am
initial view to reject the participation and the gentleman said not to k34ud anyone other than the parties we meet with mr. sanchez the project sponsors said we don't them comfortable meeting without mr. mr. sanchez because of those conflicting responses we didn't get to meet until march 11 it ate up a large amount of time when we finally met the project sponsors was to move their second-story wall deeper into the yard all but way dedicating back to the existing one story of their proposed
4:44 am
design that will block our light and air to a greater degree it didn't appear they're interested or understood your concerns so that's why we oppose the continuance thank you very much. >> okay. i think mr. sanchez would like to address the board. >> yes. >> thank you scott sanchez planning department so on the requester for continuance regretfully i don't think the dialog will be beneficial between the parties as noted after the last hearing 3 weeks ago the appellants reached out to meet i went out to meet with the law department and the planner planner that handled the project the attorney was not responsive i dropped the march 4 date and ultimately we agreed on
4:45 am
a meeting time on march 11 there were several one variation to move the rear yard wail further back into the rear yard it offset it so 2 would have created an l-shaped configuration and in my opinion i trusted that the hearing was a not 90 in line to shift the second-story at least a starting point take the second-story and shift it forward there was further discussion an alternative that on the plans that were provided that was in the specifically discuses or proposed by the permit holder there was a clear understanding and disconnection how to proceed at the end of that meeting last wednesday and the project sponsor was to prepare two sets
4:46 am
of alternatives to submittal them to the parties to review on friday friday came and the plans it didn't reflect what we've discussed this was fruflt and lead to the e-mail i sent open monday following that we got plans were more closely aligned i don't think that's a new change i'll be disappointed to hear the permit holder representative state point response from yes. the plans with in responded to explicit comments made on monday that reflected what we talked about yesterday and the plans were dated the 12 the day after our meeting so they had the plans since last thursday and didn't
4:47 am
submit them i think if you want additional time that's great but they should hear the matter tonight and see if you want to make a decision on it again i don't think the alleged dial between the parties will be productive so if you there are alternatives you would like to see especially, as property as conditions or denial i'll be happy to answer any questions thank you. >> mr. sanchez you attended that meeting perp. >> yes. about an hour and a half meeting in our office beginning avenue 4 o'clock michael smith and i represented the staff and represented the other parties the mr. sanchez and their engineer they didn't have their attorney at that meeting for the appellants they
4:48 am
had their attorney ilene and others so for the parties. >> i don't know where we clear i asked you specifically to have you and your excuse me. your staff try to me up mediate did the parties hear that or not. >> i can't say what's heard but i heard you wanted us to be involved to try to work something out i understood that it was clear that compromise involves give and take on both sides i made that clear during the meeting i thought wasn't we had at the end of the meeting reflected compromises by you know unfortunately, the project sponsor has not followed through. >> was that closer to that the drawings not totally am i being
4:49 am
correct. >> yes. it's very close but there was a key maybe if you want to discuss that further. >> i just wanted to get a feeling before we act on that if it makes sense anymore. >> it was closing closer we had a spit on the deck on the rear portion of the building i ask for two alternatives one with a deck and one without one alternative was present with a deck and understood leaving the meeting on wednesday if the project sponsor would like to move forward with the deck alternative they should provide information to help the concerns both the appellant regarding privacy. >> thank you. >> commissioners, i suppose i should ask for public comment to
4:50 am
speak on the continuance only commissioner president lazarus how many minutes would you like to address. >> one minute. >> thank you. i'm amanda jones a board member of sf moderate i'm not a homeowner i'm here tonight a board member to talk about what we're seeing as a part of sf moderate we're concerned about quality of life in san francisco. >> we're dealing with the continuance. >> i think there needs to be more time to evaluate those issues for people to get together it is vacation time for working parents that would, basically to have until april 8th for to get together and talk thank you. >> thank you. >> okay. is there anyone else
4:51 am
go ahead. >> is there monthly that wants to speak under public comment. >> good evening i live on randell street that intersects sanchez i see multiple band of concession and the variance i don't know if they truly understand the lessons or the minimum act of the shadow i've been in the generated. >> ma'am, we're talking only about the continuance. >> excuse me. okay. well to that note i was here for the last meeting i know you are encouraging the parties to speak to each other there was one meeting they met to the gone are and more should be done so there can be some sort of compromise with the two parties that's it thank you.
4:52 am
>> any public comment on item the issue of continuance. >> hello my name is mar joe i've lived on ramon dell street for 42 years those are you want to say that a continuance is surely indicated in this circumstances thank you. >> any other public comment seeing none, commissioners it's up to you to make a motion for continuance or precede with the hearing. >> you know that was a very difficult case. >> yes. >> what we heard it and i maybe inclined to give them one more shot but they leave it up
4:53 am
to us nobody is going to be happy if they can find something they can some satisfaction out of i don't think either side is going to be totally happy i'll allow a continuance. >> it seems like you were clear last time and the opportunity is squandered i'm preskated by mr. sanchez in the trenches and i'm torn about whether when or not another shot is going to do what we thought we were doing last time. >> i'll say that this is very important for all parties and as mr. sanchez stated they were very close i think with specific direction as commissioner fung
4:54 am
has indicated to give them one more round is acceptable for me. >> we have no concerns the time was 1k5ur7b9d. >> i guess the other thought probably was more important that nobody is harmed by more time you know nothing is under construction no wall falling down. >> it doesn't move me but it is concerning that mr. sanchez didn't see much progress that's rare mr. sanchez is very optimistic. >> yeah. >> motion? >> i would give them one more shot bus that's it otherwise we'll continue madam director arrest april 8th. >> they asked for april 8th. >> which can i building
4:55 am
everyone. >> commissioners it is up to you. >> you've got a pretty heavy load that day if you think one week is enough that is a little bit lighter next time. >> i'll support the motion. >> to the 15 i won't be here and no next week. >> what do you think. >> i'll move it. >> yep go ahead and move to continue for one week. >> okay. no further continuances beyond that any additional submittals briefing and it will have to be submitted tomorrow. >> if there's a solution we'll give them more time to preserve that meeting. >> okay. >> that's it. >> if there's a solution we'll give them more time to make
4:56 am
themselves viable and okay mr. pacheco. >> we have a motion on the floor on to continue those matters until march 25th one week no additional briefings allowed for further negotiation between the parties on that motion to continue one week. >> commissioner fung commissioner vice president honda commissioner wilson thank you. the vote is 4 to zero those matters are continued until march 25th. >> okay. thank you before i call the next item i want to make sure that the appellant is in the room ms. mary so i'm calling item 8 melody versus the zoning administrator the property on hodge's alley protesting the
4:57 am
rear yard variance to construct a third-story side addition on the first story and second-story floor that encroaches into the rear yard we'll start with ms. mar. >> i've been hired that i reuben, junius & rose so i feel i can hear this case appropriately. >> when you're ready ms. mar. >> you need to come up to the podium and speak into the microphone. >> going somewhere. >> sorry.
4:58 am
>> i was borden how to work this. >> for example like the. >> face up. >> i've got it like this? so this is sufficient >> got it okay. okay. >> okay that's correct okay thank you, commissioners i am very happy to be here today i'd like to apologize for not submitting my belief 3 weeks ago my neighborhood is telegraph hill hires here's a drawing of my house my house is downhill it is on the street uphill is my neighborhoods 26 hodge's alley on the second drawings you'll
4:59 am
see my house and light well and windows 26 alley and thirty hodge's alley it is open over here this entire area is open so i want to explain why i and submit a brief 3 weeks ago a that's not norma landslide of the variance hit my house on december 12th i've not been able to go home and green under a doctors care for are serious emotional distress at this point my attorneys have i don't let a contractor into the area without hodge bachelor's degree aware if you want me to talk about the
5:00 am
landed slide i would like to move into the variance i'm asking that the variance be grant evaluated a 3 by 3 feet adjustment only 9 feet to justify a variance one special circumstances here that don't apply generally to other properties in the vicinity and two hardship if the variance is not granted and 3 denied a right to jiechlt and it will harm the neighbors and 5 the variance is in harmony with the planning code so here's the drawing or the site plan here this is the site plan and the 26 hodge's is right over here 17 feet by 63 feet they say they have a special circumstances because they're small and, yes they're small at 17 by