This block. So this is not a normal air and light situation. This is one where the building was specifically designed with purpose and access. It talks to the design intent and design characteristics that makes coxhead such a significant architect. And i believe that requires more deference, and it disturbs me that i have not heard that addressed in the pmnd as a historic character issue. Its not just the views out, it is how the light comes into the house and plays with the interior design, which was a very purposeful part of the architecture. Thank you. President melgar thank you. Next speaker, please. Honorable commissioners, my father president melgar i think you are youre part of mr. Kaufmans team. Yeah, so i cant speak. President melgar yeah. You can speak during rebuttal. Hes mr. Kaufmans son, but he does not live at the property. Therefore, hes a member of the public living at a separate address. President melgar City Attorney, what do you think . [inaudible] president melgar okay. So its within my discretion. You may provide Public Comment as long as its not part of something that is an argument of the project requester the d. R. Requester. Okay. Thank you. Thank you, commissioners. Honorable commissioners, my fathers lived at 2421 green street for almost 30 years. During that time, many neighbors have remodelled their homes consistent with the cow hollow guidelines, and none of these projects ever drew an objection from any neighbor. 2417 green, directly downhill from 2421 green, was purchased by mr. Durkin who ignored the entire neighborhoods serious concerns at the meeting. It egregiously fails to acknowledge the houses need for light and air, blocking 24 windows, and it produces massing radically out of scale with the neighborhood. This is not a modest plan. Two years ago, the board of supervisors twice voted unanimously, 110 both times, for ceqa, recognizing that the Developers Project could cause significant adverse impact and irreparable damage. Since then, he has illegally ripped out two chimneys during the rainy season and left holes, causing mold and rodent infestation. Please dont be fooled by his false assertions of innocence. The pmnd states the dangers of this project. The proposed project could directly or indirectly cause potential substantial adverse effects, including risk of loss, injury, or death. This morning, planning staffs recommendation, you cant fix it when its too late. Think about millennium tower. This is not a risk that you would want to take yourself. As our neighbors have pointed out, the developers conduct makes it hard to trust he would proceed cautiously and follow the limitations of the permits. Remember, commissioners, in november 2018, you voted 60 against the same mr. Durkin in the case of francis ryan, theres a pattern of threatening, bullying, and illegal behavior. Mr. Ryan is here today. Heres dave ryan. President melgar thank you, mr. Kaufman. Next speaker, please. Commissioners, my name is francis ryan, francis dave ryan. You probably know me as dave ryan. I am a homeowner adjacent to one of his other homes on ashbury street. My purpose here is to support the appeal and underscore the points made by mr. Drury in his january 7 letter to you. You may recall the developer has come before the Planning Commission to argue that i should be required to conduct a ceqa review for my teeny roof deck on top of my garage, roughly 500 square feet. The developer has been remarkably inconsistent, proposing to litigate. Surely, the developer should be required to conduct the same ceqa or, at your discretion, e. I. R. Or analysis that he has ordered should be required by me. Dr. Lawrence karp comments, and hes suing recognition by the pmnd, that the construction could compromise the integrity of the foundation of the historic location located at 2421. To me, this is its we must, particularly i urge you to consider particularly the fragility of the adjacent irreplaceable historic adjacent properties on green street. The Developers Already demonstrated complete disregard for our concern in the Ashbury Heights neighborhood, and his actions on green demonstrate the same continuing trend with n. O. V. S, not just on green street, but on ashbury, too. I put it to you, the developer is not a credible individual. The developer has refused to this day to provide any monitoring data on the project adjacent. My opinion is that this is a very highrisk project which requires a full and very detailed study at your discretion, e. I. R. , ceqa, whatever it takes. I ask you, the Planning Commission, to uphold him to the same standards that hes so eager to apply elsewhere. Thank you. President melgar thank you, sir. Next speaker, please. So im sorry sir. Are you part of the d. R. Requester . Im sorry. President melgar are you a d. R. Requester . Am i what . President melgar did you ask us to review the project . I filled out a speaker card this morning or this afternoon. President melgar i understand that, but are you one of the Property Owners next to youre the engineer. Youre the engineer for the d. R. Requester . Are you part of the team . Mr. Drury, at the part of your team . [inaudible] president melgar okay. So he cannot speak right now. His opportunity was at the beginning, when you presented. You also get a rebuttal, during which he can speak if theres points that havent been covered, but he cannot speak during Public Comment. Clerk two minutes for each d. R. Requester. President melgar okay. Come on up, please. Paul grimaldi, 35year Small Business owner in San Francisco. To be a successful Small Business owner in approximat c have to have problem solving skills, and you also have to have good judgment. And what im constantly doing is weighing risk versus reward. From what i know about this situation, it seems to me that the risk far outweighs the reward. You know, theres compromising the foundation possibility, liq liquefaction of soil, danger to life according to the report. I know youre all busy, but if youve been to the site to look at it, its hard to tell from a photo, and it says 24 . But it is severe slope, and those building are right together. And as i tell my teenage son, whenever you get people involved, things can get screwed up. So what if theres some sort of mistake or problem or whatever, and the mr. Kaufmans foundation begins to have a problem . Well, the builder said, well, well stop well stop work. Okay. As h. R. Halderman famously said during the watergate era, you cant put the toothpaste back in the tube. My question is, is the city willing to take that risk . I know there are rules, regulations, guidelines, laws, but also, what about the law of common decency . Now heres mr. Kaufman, living in this neighborhood for 30 years, going about his business, not bothering anybody, and someone comes along and dumps a whole bunch of worry and potential problem and problems in his lap. He didnt do anything. Hes just living his life. Dont you hate that . Now hes got to spend, you know, all of his time and money just trying to get his normal life back. And blocking someones light and view and air and everything, again, what about the law of common decency . And finally, arent we tired yet of real estate builder bullies . President melgar next speaker, please. Good evening, commissioners. My names howard epstein. I came here to speak today in favor of approval of the project at 2417 green. Mr. Durkin has been the subject of a vicious hit campaign. The transparency is not there. His neighbor at 2415 green, who had a Statement Read on their behalf that they do everything by the book and everything by permit just recently in fact, about eight months ago, had a notice of violation, 201541931 for replacement of their stairs without a permit. Mr. Ryan has been performing illegal work for 15 years, and his couple of planks is actually an illegal roof deck, an illegal walk away from his garage roof, nothing which seems to matter except when it comes to chris. I have seen the quality of the work that chris does. It is extraordinary. He puts most builders to shame. He is not a house flipper. He has spent years tackling projects to be beautiful, special, and functional to families. All of his work has been planning and building compliant, and he is not encroaching on anybody elses property as some people have said. This project has not evicted a tenant. This project is not by Affordable House standards. Its an a. D. U. , and its in writing for everyone to see. I challenge anyone in this neighborhood to show me their plans for an a. D. U. To help housing in this city. This project will take a tired old house and make it Family Friendly with a rental use. Chris has patiently waited 2. 5 years to get here today. To be continued nine times at the request of one individual who can wield so much power and so much political clout, its embarrassing. And i know that this commission isnt going to stand for this anymore. His neighbors are refusing to meet with him, talk to him, and theyre just talking about the problems. I strongly request you approve this project as proposed. President melgar thank you, sir. Next speaker, please. My name is robert funston, and im a Real Estate Broker and investor in San Francisco for the past ten years. I live in the neighborhood, as well. People have characterized chris durkin, who ive known for almost ten years now, as not the greatest person, a bad, you know, evil developer. The law of common decency . Chris is not a decent person. I just dont understand it. He owns the house. He has the right to build a house up to code. I mean, a derelict structure . He hasnt gotten a hearing in three years, three years. I wonder why the propertys you know, it doesnt make any sense. Why is the property going downhill . Because he cant get his permits. Thats all i have to say. President melgar thank you, sir. Next speaker, please. Good evening, Commission President and commissioners. My name is robert lozara. Since 1981, i have managed the orpheum since 1986. It did not meet the fate of our sister theater two blocks away, the fox theater. This treasure was demolished in 1963. No one prevented its loss. Tonight, i speak for two other treasures. Film maker Philip Kaufman and his coxhead home on green street. Many of his movies were born, nurtured and written in his green street home. What you cant see, is this edifice is built like a tree house, with soaring staircases and windows that flood the home with light. It is a breathtaking cathedral of creative inspiration for those lucky enough to live there. I think one of the single greatest scenes in all movie history was filmed just outside of San Francisco city hall, in inkaufmans invasion of the body snatchers, there is a terrifying and incomparable image of a dog with a mans face, squealing and licking his chops. This scene is truly amazing. If this shrine to film making on green street goes away, who knows what other scenes will never see the light of a movie screen. I hope all parties will make the right decision. Thank you. President melgar thank you, sir. Next speaker, please. My names christine pelosi. I actually had the last law and motion case in this building when i was a deputy City Attorney on the building mitigation team. My very first case as a deputy City Attorney was the case that went down the hall on alta street where there was a home that was not done to code, and people said thats okay, well justificati just fix it as we go along. I began my career in this building talking with unstable housing, and here i am today as the mother of bella, and the daughterinlaw of philip, the owner of the house. When i see 2421 green street, i look at it as a place where my late motherinlaw, rose, was nurturing in the back yard, where phil and peter write their scripts, where okaytacta and bella have their own rooms. When you have 127yearold house, you are supposed to follow ceqa. Where you have experts on both sides who are in disagreement, as i think we would all stipulate you have today, theyre supposed to invoke an independent review. And if any situation called out for an independent review, it would be this situation. So ceqa tells us what to do. The board of supervisors told us what to do twice. I think that everybodys tired of coming before bodies in city hall, asking for relief. What we need is independent review. Finally, i would just note that when it comes to the soil samples taken from the garage and not the deep part of the soil that is at issue, i think its important to look at all of the reports, again, with an independent eye and say how can you build within the envelope, how can you build a singlefamily home . That is what im asking you to do both as an attorney and as a family member. I think independent review and ceqa are what is needed here. Thank you. President melgar thank you. Do we have any other Public Comment on this item . Okay. Then Public Comment is now closed. We will now have time for rebuttal. You get two minutes per d. R. Requester. So i, you know, dont know if you want to share those minutes or if you have further rebuttal. Yeah. Could i just ask a procedural question before we start running the clock . President melgar sure. I was not aware that my expert, mr. Karp, and owner, mr. Kaufman, were supposed to speak during the presentation. Will there be rebuttal for the ceqa issue as well as the d. R. . Clerk there will be no rebuttal for the ceqa issue. This is solely for the d. R. S. I think it would be a travesty if mr. Karp and mr. Kaufman would not be able to speak. Were willing to cede our time so that they can be allowed to speak. President melgar i will do this. I will give you 30 seconds to talk amongst yourselves to figure out who will speak, and you can share the six minutes of rebuttal or distribute it amongst yourselves, but you only get six minutes. Yes. I would propose that three minutes be afforded to president melgar right, but they have to agree. Weve been chatting. President melgar all right. So i propose that dr. Karp speak for six minutes and mr. Kaufman for three. Clerk six minutes altogether. President melgar okay. Great. Thank you. Mr. Karp . Dr. Karp. President melgar dr. Karp. I am lawrence karp, and here to address issues on the 2417 green street project. I represent the coxhead house owners. I am an engineer working with shorington underpinning since the late 1950s. The issues have not been addressed in the mitigated negative declaration because there were no qualified individuals to do so. Planning had elected internally not to seek a proper review inherent in an Environmental Impact report, which the supervisors had intended. There is no counterpart to the architect in planning. One years ago today, the one year ago today, the board of supervisors rejected the project to planning. [inaudible] until they were suspended by d. B. I. An e. I. R. Was intended. The debate at the board centered on the failure of the project to follow the citys slope protection act provisions were not followed. Although the project is clearly marked in a land slide area abutted by lion, greta, vanness, in cow hollow heights. This has been part of the citys Building Code since 1976, and the citys land slide plan and seismic areas are now part of maps and other updated are areas are in exhibit e. Its part of the City Ordinance 12118. So what happened when planning got the return . They snapped into action by asking the city what to do. Its simple. Ask the spna for clarification. Theyre going to add a consultant who has experience with slope failure in San Francisco. Personal experience, no less. The consultant who has now cosigned the revised report, eliminating the slope protection act entirely has also written the review for shoring murphys house at 125 crown terrace shortly before it crashed down the hill. Thats exhibit f, the reports and the pictures. Clerk sir. I dont know if you want to cede three minutes to mr. Kaufman, but if you do, i would stop talking. Ill stop talking. President melgar thank you. Thank you. Philip kaufman. Im going to put some exhibits down here of the books. But what a load of crap that was by mr. Durkin. What baloney hes speaking out. We all met with him at the preapp, our entire neighborhood. We asked him in every nice way, we said we want to be your neighbors. We have never objected to any neighbor developing, in the 30 years that ive been there, doing whatever they needed to do to the project. He brushed us off and said, im going to do whatever i want. The meeting broke up. There everybody was there, including attorney scott emblage. He brushed us off and said hed do whatever he wanted. Later, he had some plans he would not show to us, made us go to the zacks office. He would not give us the plans. There were three or four different plans. It cost a great deal of money to go there. He was not cooperative in any way, and our neighbors at the downhill slope, the lamphartbirds are furious with him, and his garage is nothing like the deal. It was right off street level, it was nothing like this. He claims in his the document which planning quotes, that the houses are in capital letters, in no way bonded. Its baloney. Our houses have been bonded together in many places for over 100 years. He also you know, he talks like hes an innocent guy. Weve heard about dave ryan and how he tried to use ceqa to overwhelm him with his high if you look back at your own decision, his highpriced lawyers against an individual trying to defend himself against mr. Durkin. Hes a very aggressive he plays like hes a sweetie pie, but hes a very difficult, aggressive guy, who has a whole history of this. He also has partners who hes not mentioning here who have knocked on our door. He has this is a group of people who he claims hes going to live there. Its i mean, its Something Like i just i have a whole prepared speech, but im so angry to hear all these falsehoods that youre supposed to be taking as factual. President melgar im sorry, mr. Kaufman. Youve used up the three minutes. Clerk thats your time. Okay. Im sorry. I wasnt sure that thats i thought in rebuttal, because he was able to speak for so long, that