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From: Scout Sheys To: Jean Eisberg Cc: Bereket, Immanuel Subject: Re: FW: 2212 Tenth Street Use Permit #ZP2016-0129 Date: Tuesday, November 29, 2016 5:03:56 PM Thanks for the prompt and detailed email. I am surprised to learn that creating this kind of light obstruction is considered reasonable-- it seems really severe to me. I am looking at the shadow studies again, and it seems like by moving the proposed front structure further back from the street, our house could preserve more of its morning and midday light. I wonder if that could be a suggested adjustment, if the height of the structures can't be changed. -Scout On Mon, Nov 28, 2016 at 2:54 PM Jean Eisberg <[email protected] > wrote: Dear Scout, I received your communication below directed to the Zoning Adjustments Board. I am the contract planner working on behalf of the City and applicant to process the application 2212 Tenth Street. I'm also copying my peer planner at the City, Manny Bereket, here. We've prepared a staff report that will be published on the City's website on Friday and are including your email as an attachment to this report. The staff report analyzes the project's potential impacts on neighboring properties and includes a discussion of the shadow impacts on your own property that you've mentioned below, acknowledging that the proposed front dwelling at 2212 Tenth St. would shade windows on your property for periods of the day and year. We've also recognized in the report that in order to reduce this impact on your property, the applicant would need to modify the side yard setback or footprint and massing of the front unit. However, staff have supported approval of the project: we've concluded that the proposed front dwelling complies with development standards for the zoning district and the level of shadow and privacy impacts are similar to what is to be expected in an urbanized area, and is therefore found to be reasonable and generally non-detrimental. I understand that you disagree. I will encourage the applicant to reach out to you again. Please feel free to call me at the number below if you would like to discuss this issue further. Best Regards, Jean Eisberg Jean Eisberg, AICP LEXINGTON PLANNING [email protected] (415) 516-4479 On Mon, Nov 28, 2016 at 12:34 PM, Bereket, Immanuel <[email protected] > wrote: ATTACHMENT 4 ZAB 12-08-16 Page 1 of 26

Jean Eisberg, AICP - Berkeley, California · Jean Eisberg Jean Eisberg, AICP LEXINGTON PLANNING ... 11/28/2016 19:09:01Eric Robert Rauscher 2231 Tenth Street Berkeley CA [email protected]

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From: Scout SheysTo: Jean EisbergCc: Bereket, ImmanuelSubject: Re: FW: 2212 Tenth Street Use Permit #ZP2016-0129Date: Tuesday, November 29, 2016 5:03:56 PM

Thanks for the prompt and detailed email. I am surprised to learn that creating this kind of light obstruction is considered reasonable-- it seems really severe to me.

I am looking at the shadow studies again, and it seems like by moving the proposed front structure further back from the street, our house could preserve more of its morning and midday light. I wonder if that could be a suggested adjustment, if the height of the structures can't be changed.

-Scout

On Mon, Nov 28, 2016 at 2:54 PM Jean Eisberg <[email protected]> wrote:Dear Scout,

I received your communication below directed to the Zoning Adjustments Board. I am thecontract planner working on behalf of the City and applicant to process the application 2212Tenth Street. I'm also copying my peer planner at the City, Manny Bereket, here.

We've prepared a staff report that will be published on the City's website on Friday and areincluding your email as an attachment to this report. The staff report analyzes the project'spotential impacts on neighboring properties and includes a discussion of the shadow impactson your own property that you've mentioned below, acknowledging that the proposed frontdwelling at 2212 Tenth St. would shade windows on your property for periods of the dayand year. We've also recognized in the report that in order to reduce this impact on yourproperty, the applicant would need to modify the side yard setback or footprint and massingof the front unit. However, staff have supported approval of the project: we've concludedthat the proposed front dwelling complies with development standards for the zoning districtand the level of shadow and privacy impacts are similar to what is to be expected in anurbanized area, and is therefore found to be reasonable and generally non-detrimental.

I understand that you disagree. I will encourage the applicant to reach out to you again.Please feel free to call me at the number below if you would like to discuss this issuefurther.

Best Regards,Jean Eisberg

Jean Eisberg, AICPLEXINGTON [email protected](415) 516-4479

On Mon, Nov 28, 2016 at 12:34 PM, Bereket, Immanuel <[email protected]>wrote:

ATTACHMENT 4 ZAB 12-08-16 Page 1 of 26

From: Scout Sheys [mailto:[email protected]] Sent: Sunday, November 27, 2016 9:56 AMTo: Zoning Adjustments Board (ZAB) <[email protected]>Subject: 2212 Tenth Street Use Permit #ZP2016-0129

Dear Zoning Adjustment Board Members,

I am writing to express my concern about the proposed development at 2212 Tenth Street.Our neighborhood shares concerns about the scale of the development, and I believe ourhouse and yard will be impacted the most severely.

My partner and I, along with our housemate, live at 2210 Tenth Street, in an 800 squarefoot Victorian cottage we bought in February 2016. It is the oldest and smallest house onthe block. We love our house, yard, and neighborhood- it is our dream home. One of ourfavorite things about our house is the big, sunny yard, where we garden extensively, andthe beautiful sunlight that comes through our south-facing windows all day throughout theyear.

2212 Tenth is located on our south side, and the proposed development would blockalmost all of our natural light during the fall, winter, and spring. The attached shadowstudy shows that October through December, our house would be completely in shade allday. There was no shadow study done for January, February, or March, but our housewould most likely be shaded during those months, too.

Our house has four rooms. Right now, two of those rooms get beautiful natural light yearround. If this development is built, our two sunny rooms will lose almost all sunlight formany months of the year, leaving us with four dimly lit rooms. It will also severely shadeout our backyard and garden, limiting the kinds of plants and produce we can grow. Thisis an unreasonable obstruction of our sunlight.

I have explained my concerns to the developer and architect, but they have not made anychanges to reduce the shadow impact. The developer promised to send me this shadowstudy, but he never did (my neighbor found it for me.) He seems interested in maximizinghis profit, at the expense of the neighbors.

ATTACHMENT 4 ZAB 12-08-16 Page 2 of 26

Please look at the attached shadow study, particularly pages 14-18, which haveillustrations of the shadowing on the south-facing side of our house. The illustrations arelocated in the bottom right corner of the page.

This development, as currently planned, would take away one of the best things about ourhome, all so that somebody else can make more money. Please do not let that happen.

Sincerely,

Scout Sheys

ATTACHMENT 4 ZAB 12-08-16 Page 3 of 26

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Bereket, Immanuel

To: Zoning Adjustments Board (ZAB)Subject: RE: 2212 Tenth Street Use Permit #ZP2016-0129

From: Scout Sheys [mailto:[email protected]]  Sent: Sunday, November 27, 2016 9:56 AM To: Zoning Adjustments Board (ZAB) <[email protected]> Subject: 2212 Tenth Street Use Permit #ZP2016‐0129 

Dear Zoning Adjustment Board Members, I am writing to express my concern about the proposed development at 2212 Tenth Street. Our neighborhood shares concerns about the scale of the development, and I believe our house and yard will be impacted the most severely. My partner and I, along with our housemate, live at 2210 Tenth Street, in an 800 square foot Victorian cottage we bought in February 2016. It is the oldest and smallest house on the block. We love our house, yard, and neighborhood- it is our dream home. One of our favorite things about our house is the big, sunny yard, where we garden extensively, and the beautiful sunlight that comes through our south-facing windows all day throughout the year. 2212 Tenth is located on our south side, and the proposed development would block almost all of our natural light during the fall, winter, and spring. The attached shadow study shows that October through December, our house would be completely in shade all day. There was no shadow study done for January, February, or March, but our house would most likely be shaded during those months, too. Our house has four rooms. Right now, two of those rooms get beautiful natural light year round. If this development is built, our two sunny rooms will lose almost all sunlight for many months of the year, leaving us with four dimly lit rooms. It will also severely shade out our backyard and garden, limiting the kinds of plants and produce we can grow. This is an unreasonable obstruction of our sunlight. I have explained my concerns to the developer and architect, but they have not made any changes to reduce the shadow impact. The developer promised to send me this shadow study, but he never did (my neighbor found it for me.) He seems interested in maximizing his profit, at the expense of the neighbors. Please look at the attached shadow study, particularly pages 14-18, which have illustrations of the shadowing on the south-facing side of our house. The illustrations are located in the bottom right corner of the page. This development, as currently planned, would take away one of the best things about our home, all so that somebody else can make more money. Please do not let that happen. Sincerely, Scout Sheys

ATTACHMENT 4 ZAB 12-08-16 Page 4 of 26

1

Bereket, Immanuel

Subject: FW: Correspondence for Use Permit #ZP2016-0129Attachments: 2212 10th St. (Responses) - Form Responses 1.pdf

 From: adam fuchs [mailto:[email protected]]  Sent: Tuesday, November 29, 2016 4:51 PM To: Zoning Adjustments Board (ZAB) <[email protected]> Cc: adam fuchs <[email protected]> Subject: Correspondence for Use Permit #ZP2016‐0129 

ZAB,

Attached is a petition signed by the neighbors impacted by the proposed project at 2212 Tenth St. under use permit #ZP2016-0129. The negative impact of this proposal to demolish an existing 1080 sq. ft. dwelling and replace it with two units totaling 3,991 sq. ft fall under three categories:

1. Negative impact to parking on the block due to increasing the bedrooms from 2 to 8. 2. Size of the units is incompatible with the scale and character of the neighborhood. 3. Substantial loss of direct sunlight to adjacent dwellings.

The petition states:

"We the undersigned feel the proposed project under use permit #ZB2016-0129 would be detrimental to the immediate area because of construction that is incompatible with the scale and character of the neighborhood. No surrounding parcels have two dwellings that are greater than 75% of each other in size nor take up 40% of the total lot size. Increasing the number of bedrooms on the parcel from 2 to 8 will have a negative effect on the already sparsely available parking on the block."

Thank you for your consideration,

Adam Fuchs

ATTACHMENT 4 ZAB 12-08-16 Page 5 of 26

2212 10th St. (Responses)

We the undersigned feel the proposed project under use permit #ZB2016-0129 would be detrimental to the immediate area because of construction that is incompatible with the scale and character of the neighborhood. No surrounding parcels have two dwellings that are greater than 75% of each other in size nor take up 40% of the total lot size. Increasing the number of bedrooms on the parcel from 2 to 8 will have a negative effect on the already sparsely available parking on the block.Timestamp Full Name Address Email Address

11/27/2016 0:14:20 Adam Fuchs 2214 10th st11/27/2016 7:00:51 Fred Cosentino 2200 10th Street, Berkeley, CA [email protected]/27/2016 7:18:21 Scout Sheys 2210 Tenth Street [email protected]/27/2016 7:18:37 Emil Evans 2210 Tenth Street [email protected]/27/2016 7:19:16 Walker Staples 2210 Tenth Street [email protected]/27/2016 7:19:49 Dana Elliot 2210 Tenth Street [email protected]/27/2016 7:40:36 Margaret Fauchier 2200 10th Street, Berkeley, CA [email protected]

11/27/2016 19:36:17 Susan Springborg 2227 10th Street [email protected]/27/2016 19:40:10 Ben Kanne 2225 10th St., Berkeley, CA 9471011/27/2016 20:30:52 David Philhower 2212 10th St; Berkeley CA 94710 [email protected]/27/2016 20:59:13 Monika Tippie 2212 10th St, Berkeley, CA, 94710 [email protected]/27/2016 22:34:56 L. Darlene Pratt 2211 Tenth Street, Berkeley [email protected]/28/2016 0:19:56 Ilana barakat 2226 10th st [email protected]/28/2016 8:51:58 Deborah S. Scott 2230 Tenth Street Berkeley CA [email protected]/28/2016 8:53:26 Roy Scott 2230 Tenth Street Berkeley CA [email protected]/28/2016 9:35:59 Gregory Alan Martin 2227 10th St. [email protected]

11/28/2016 12:17:29 Amy Hill 2223 Tenth Street [email protected]/28/2016 19:09:01 Eric Robert Rauscher 2231 Tenth Street Berkeley CA 94710 [email protected]/28/2016 21:39:14 Elisabeth Woody 2214 10th st11/28/2016 22:02:16 Maureen Clearfield 2228 10 th Street [email protected]/28/2016 22:03:19 Adam Whyte 2228 10 th Street [email protected]

ATTACHMENT 4 ZAB 12-08-16 Page 6 of 26

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Bereket, Immanuel

From: Zoning Adjustments Board (ZAB)Sent: Wednesday, November 30, 2016 9:07 AMTo: Bereket, ImmanuelCc: Powell, Greg; Jacob, MelindaSubject: FW: 2212 Tenth Street Use Permit #ZP2016-0129

  ‐‐‐‐‐Original Message‐‐‐‐‐ From: Emil Evans [mailto:[email protected]]  Sent: Tuesday, November 29, 2016 8:42 AM To: Zoning Adjustments Board (ZAB) <[email protected]> Subject: 2212 Tenth Street Use Permit #ZP2016‐0129   Dear ZAB,  I live at 2210 10th Street with my partner and our housemate, on the North side of 2212.  We live in a 1892 house that has barely been touched since it was built, and thus is the shortest and smallest house on the street.  The shadow study for 2212 clearly indicates that our house will be severely shaded out for half the year and is absolutely an unreasonable obstruction of natural light.  Our house is only 4 rooms (total), and the 2212 proposal will shade out approx. 80% of the direct natural light we have, which comes from our two south‐facing windows.  As our house is so small (with 3 people living in it), we spend most of our time in the two rooms that will be affected.  They are on our south side and proposing to both put giant buildings next door and move them closer and much further forward.  The proposal for 2212 will turn our historic little house into a sad cold cave and is definitely an unreasonable obstruction of natural light.  The developer is asking to build the largest possible buildings he can, which are entirely out of scale with our 125 year old home.  We have talked to him and his architect, who have granted us only lip‐service and proceeded exactly with their plans.  They have given us as little information as they can get away with, and our questions are answered with silence or vague statements that keep changing (Is Alon going to live next door?  He has told me yes as well as no).  I have even found their big yellow proposal sign hiding face‐down on the side of the yard so no one could see it.  It has never been posted upright.  I have no problem with them building a new house next‐door, or even two if they don’t cause such an unreasonable obstruction of light.  But to squeeze in the maximum size buildings on a proportionally small lot overshadows and dominates our small house.  I moved to Berkeley to live somewhere with less freely rampant and greedy developers, not to immediately begin a fight with one.  Please do not let Alon shade out and dominate our home.  Emil Evans 

ATTACHMENT 4 ZAB 12-08-16 Page 7 of 26

1

Bereket, Immanuel

From: Zoning Adjustments Board (ZAB)Sent: Wednesday, November 30, 2016 9:06 AMTo: Bereket, ImmanuelCc: Jacob, Melinda; Powell, GregSubject: FW: 2212 Tenth Street Use Permit #ZP2016-0129Attachments: 2016-08-29_RESUB_Shadow_2212 Tenth.pdf

 From: Scout Sheys [mailto:[email protected]]  Sent: Sunday, November 27, 2016 9:56 AM To: Zoning Adjustments Board (ZAB) <[email protected]> Subject: 2212 Tenth Street Use Permit #ZP2016‐0129 

Dear Zoning Adjustment Board Members, I am writing to express my concern about the proposed development at 2212 Tenth Street. Our neighborhood shares concerns about the scale of the development, and I believe our house and yard will be impacted the most severely. My partner and I, along with our housemate, live at 2210 Tenth Street, in an 800 square foot Victorian cottage we bought in February 2016. It is the oldest and smallest house on the block. We love our house, yard, and neighborhood- it is our dream home. One of our favorite things about our house is the big, sunny yard, where we garden extensively, and the beautiful sunlight that comes through our south-facing windows all day throughout the year. 2212 Tenth is located on our south side, and the proposed development would block almost all of our natural light during the fall, winter, and spring. The attached shadow study shows that October through December, our house would be completely in shade all day. There was no shadow study done for January, February, or March, but our house would most likely be shaded during those months, too. Our house has four rooms. Right now, two of those rooms get beautiful natural light year round. If this development is built, our two sunny rooms will lose almost all sunlight for many months of the year, leaving us with four dimly lit rooms. It will also severely shade out our backyard and garden, limiting the kinds of plants and produce we can grow. This is an unreasonable obstruction of our sunlight. I have explained my concerns to the developer and architect, but they have not made any changes to reduce the shadow impact. The developer promised to send me this shadow study, but he never did (my neighbor found it for me.) He seems interested in maximizing his profit, at the expense of the neighbors. Please look at the attached shadow study, particularly pages 14-18, which have illustrations of the shadowing on the south-facing side of our house. The illustrations are located in the bottom right corner of the page. This development, as currently planned, would take away one of the best things about our home, all so that somebody else can make more money. Please do not let that happen. Sincerely, Scout Sheys

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