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2 Jacob, Melinda ATTACHMENT 4 Page 2 of 9 Subject: Attachments: Importance: FW: Concerns regarding the Project at 2928 Otis ST 3rd Letter to Planning Commission.pdf High -----Original Message----- From: Robert.Kieffer@us.schneider-electric.com [mailto:robert.kieffer@us.schneiderelectric.com] Sent: Friday, May 21, :24 AM To: Sage, Aaron E. Subject: Concerns regarding the Project at 2928 Otis ST Dear Mr Sage, I have been traveling for work and did not receive the latest notice of the next meeting on May 27th in a timely manor. Therefore I am very concerned that my thoughts on this project will not be considered at this next board meeting, because I will again be out of town for work that entire week and thus will not be able to speak at the meeting scheduled for May 27th. Is it possible to request a continuum of the decision for this project until a future meeting where I can be present? I will make arrangements at work to ensure my availability for a future meeting if I can be given a date at least 3-4 weeks prior. I have developed the attached letter based on the plans in the notice that expresses my continued dissension on this matter. However, I am concerned that the 7 day window to submit written concerns will prevent this document from reaching the board in a timely manor. I would also like to have a better understanding of the Staff recommendations on the plans for this project prior to attending a board meeting. I welcome any advise on how those recommendations can be obtained for viewing. (See attached file: 3rd Letter to Planning Commission.pdf) Please confirm receipt of this letter and whether or not it will be considered by the board during the next meeting. Thank You, Robert Kieffer 2929 MLK JR Way Mobile: robert.kieffer@us.schneider-electric.com *** Please consider the environment before printing this 1

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4 Jacob, Melinda ATTACHMENT 4 Page 4 of 9 Subject: FW: Objections to proposed project at 2928 Otis - May 27th Hearing Attachments: contesting 2928 Otis Street Original Letter April 6.pdf; Contesting 2928 Otis Street_Letter 2 _May 27th Hearing.pdf; April 6 Letter Attachment 2.jpg; April 6 Letter Attachment 1.jpg From: Nick Cihak [mailto:nick@firstwaveevents.com] Sent: Friday, May 21, :44 PM To: Sage, Aaron E. Subject: Objections to proposed project at 2928 Otis - May 27th Hearing Dear Mr. Sage, I have been away on business travel and just received the notice for the next hearing date on May 27 th. It concerns me that there does not seem to be sufficient time between receipt of the hearing notice and the deadline to submit written concerns. However I want to be respectful of the board and submit my letter of objection prior to the day of the hearing. I am hopeful that my documents (attached) can still be accepted for consideration by the board at this time. Please confirm receipt of my documents and advise me as to whether or not they will be considered by the board during the next meeting. I will be in attendance and can bring copies at that time as well if needed. Best Regards, Nick A. Cihak Owner 2933 Martin Luther King Jr Way Berkeley, CA

5 Page 5 of 9 April 6, 2010 Land Use Planning Division 2120 Milvia Street Berkeley, CA RE: Use Permit # Dear Zoning Adjustments Board of the City of Berkeley, As the owner of one of the properties that would be directly impacted by the approval of the permits pending for 2928 Otis Street (Use Permit to construct a dwelling unit, Administrative Use Permit to reduce required rear yard from 15 ft required to 4 ft proposed), I am writing in objection to approving these permits. When my partner and I purchased my home at 2933 Martin Luther King Jr Way in Berkeley in February of 2003 it was a dream come true. Set in a convenient neighborhood the house if full of Victorian charm and most importantly a large, airy, fairly private outdoor space with a deck, hot tub and yard. During our seven years in this house, the back deck, hot tub and yard have become the most used and treasured part of our home and as well as a frequent gathering spot for friends and family. While it pains me to object to another neighbor s plans, it is my opinion that if the permits requested for 2928 Otis are granted it will adversely impact home and neighborhood and I object to granting these permits. The proposed construction is simply too large and the requested permit to reduce the variance required in the rear yard (from 15 ft to 4 ft) is too large and diminishes the enjoyment of our property. Clearly stated, my objections to the approval of these permits are: Granting the permits requested for 2928 Otis would decrease the privacy, open air and daylight of my backyard, deck and rear rooms of my home as well as the enjoyment of the same. Granting the permits requested for 2928 Otis would potentially impact my property value adversely as the same attributes of open air, daylight, and privacy that I appreciate about the house would be shared by any potential buyer. Additional objections to granting the permits for 298 Otis: o Home Size In my research it appears that the average square footage for a home in the zip code is approximately 1,468 square feet. The proposed construction is for 2,534 square feet is excessive for the neighborhood even without the requested variance for required rear yard and this is in addition to the 1,394 foot existing house at the front of the lot for a combined square footage is 3,928 square feet. o Construction and Home Style The typical home styles in the neighborhood are Berkeley Bungalows and Victorians constructed with traditional materials, the architectural drawings for the proposed construction appear that they may be keeping with these attributes of the

6 Page 6 of 9 o neighborhood, but it is difficult to tell. I believe the 7 ½ steel roof is decidedly more modern. It is also unusual in this area to have a larger home in the rear of the lot with a smaller home near in the front of the property. The proposed construction varies from the the more common approach in the area of a smaller, cottage like structure at the rear of the lot and primary residence at the front of the property. Unknowns/Questions/Concerns What will the reflection of light, wind and rain off of the steel roof be and how will affect those neighbors such as myself who adjoin the property? Will this structure remain a single family dwelling or is there the potential for future permit request to convert it to a multi unit dwelling. How will wind/airflow through the yards be impacted? Can we request story poles identifying the actual height and scope of the project to the neighborhood? Can we request formal light, shadow and wind studies? What are the proposed construction timelines and proposed hours of construction? Currently an old growth eucalyptus tree dominates the area of the proposed construction. Are permits required to remove the tree? Are those permits a public discussion also? I s replacement landscaping being proposed? In support of my statements above, I have attached two photographs to this letter. One photo shows the view from my deck of the area for the proposed construction. The second photo shows what that same view will look like after the construction is completed. While I oppose the size, scale and reduction of required rear yard for the proposed construction, I am not necessarily opposed to other improvements the applicant may wish to pursue on his property and would be willing to work with an assigned mediator towards an amiable solution on a smaller unit that maintained the privacy and enjoyment of my property as well. Best Regards, Nick A. Cihak

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9 Page 9 of 9 May 21, 2010 Land Use Planning Division 2120 Milvia Street Berkeley, CA RE: Use Permit # Dear Zoning Adjustments Board of the City of Berkeley, After meeting with the applicant to review the modifications to the proposed plans for 2928 Otis Street, I am of the opinion that the size and scope of the project has not changed significantly and I objections and area are fundamentally the same as I expressed in my original letter of objection dated April 6 th (attached). Following is a brief summary of my primary objections/concerns (full summary is in the original letter): The scope of the project is too large for the proposed placement, granting the permits requested for 2928 Otis would decrease the privacy, open air and daylight of my backyard, deck and rear rooms of my home as well as the enjoyment of the same. Granting the permits requested for 2928 Otis would potentially impact my property value adversely as the same attributes of open air, daylight, and privacy that I appreciate about the house would be shared by any potential buyer. Originally I did not oppose the set-back because I felt we might reach an agreement on the overall size, scope and height of the project. However as unless there is significant change to the overall scope, especially the height I cannot support the set back request as well. I am not opposed to considering alternative plans for this property, if they can be of a scale that is more consistent with the existing neighborhood and less impact on my property. Best Regards, Nick A. Cihak Owner 2933 Martin Luther King Jr Way Berkeley, CA 94713

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