please correct me if i'm -- >> please correct me if i'm wrong, it ensures your department's role in the taking of these measures. >> many times we will go out there and the kitchen will be gone, the stove will be gone, and then a week later, it is back again. for this case, if they do a final inspection and all of that is capped off and moved in, then we could do the final of bashan. --it should happen quicker. whenever there is a permit issued, and sometimes if there's a complaint, that will hold up the works because sometimes they

have a valid permit. it is frustrating it does not happen quicker. i think that is what you're saying. >> ok, thank you. >> i have a question for the appellants attorney. have you had discussions with the property owner, with the lawyer for the property owner about the tenancy since we last met? rex there is a lawsuit involved. we have discussed -- >> there is a lawsuit involved. we have discussed mediation. that is the resolution. >> so nothing is resolved yet? >> not yet. >> and if the permit is granted, then what happens? >> if the permit is granted, either the victor or as part of the mediation -- we can agree

to a move that date. there are lots of steps that we can take. -- we can agree to a moved up date. there are lots of steps that we can take. >> can we get confirmation that your client has completed her school year? >> yes. you have graduated? >> ok, thank you. >commissioners, a master have other questions, the matter is submitted. -- >> commissioners, unless you have other questions, the matter is submitted. >> there are obviously some actions that are outside the purview of this particular body. the permit in question relates to primarily the capping of utilities.

i think that the owner of the property is being faced with something that he needs to act upon and we should allow that to proceed after word. -- afterward. i would like to recommend that we condition approval and shorten the time frame so that this thing gets done and some resolution occurs, at least as far as we can make it. and i would recommend that upon the issuance of the permit and, obviously, any authorized changes, i think it should be completed within three months.

madam director, you look puzzled. >> i'm just contemplating the board's authority to condition the issuance upon which it is completed. -- to condition the issuance of time upon which it is completed. >> there have been cases in the past -- i think what the vice president was saying is may be on upon release of our notice of decision that you would want the work completed within three months, and that this permit be

final within three months. is that what the condition would be? >> yes, but i'm thinking that there may be other options to delay the issuance. >> well, this is an issue permit. the time frame to execute the permit was told by the appeal. once we release our notice of decision, dbi will recalculate the modification time frame. and in the past we have said that we want the work done in a quicker time frame. >> the only downside of that would be -- this is a suggestion that i would tend to agree with, given hat mr. duffy has stated, that sometimes the work does not get done quickly. but in this case, given that there is what appears to be contentious litigation --

>> [inaudible] >> i am still speaking. but it seems to me that it would not be a result that we would want, to expedite the eviction. but yes, now i would like to hear you. >> thank you. sorry to interrupt. we would stipulate to an expedited completion of the work. we are most interested in proceeding with the work, proceeding with the service of the notice, a 30 day notice, and as soon as the tenant is out, immediately getting to work. we would stipulate to a short timeframe. >> thank you. counsel for the appellant, we would like to hear from you on that.

>> unfortunately, i cannot agree to any type of stipulation, but i will concede it to anything the board decides. then we will take our action. if you release notice to this decision and they have to follow through with the 30-day notice, but i cannot stipulate -- then that is fine, but i cannot stipulate to that. >> let me change this just a little bit. perhaps we can look at an expedited time frame from the date that the tenancy is over, that she leaves. let the construction be completed within three months of the vacation of the move -- unit. >> that would work for me.

do you want to make that motion? >> so moved. is that understood, victor? >> and just to clarify, vice- president, is that basic -- on the basis that you would like the pe to vacate the promise -- the premises? >> yes. >> ok, thank you. >> to repeat, we have a motion from the vice-president to uphold this permit on condition that the construction be completed within three months of the unit being vacated and on the basis that the board would like the permit holder to abate the nlv.

president fong: aye. commissioner fung: aye. commissioner hillis: aye. and commissioner hurtado is absent. >> we will move on to item number six, which is the appeal no. 12-050. the subject property is at 1382, 1384, and 1386 mcallister streets. this is an appeal for construction work done without a permit. this is application number 2,012.1042083.

uzziah understand from the inspection department, the department and the appellant have -- as i am understand from the inspection department, the department and the upon have agreed to permit fees. do you want to hear from both start -- both sides? >> if the parties both want to be heard. if there is no need to speak, that is fine tthis is dbi. i'm happy to reduce the penalty to two times, which is the minimum we can go. i spoke to the applicant as well, and he seems happy. >> why did the department decide this? >> i think they are new owners and they're trying to comply with the violation notice. they're trying to combat -- to clean up the building. i've looked at things that were there previously with a different order that we might have missed. but in this case, we're happy to

reduce it. it is probably unfortunate that is statement -- that is even here. if someone had looked at it a little bit more, then maybe we would not be here. maybe we should do that more. but when i just read of the people working in a brief, it seemed to me that was reasonable. >> is the appellant here? would you care to speak to the board? if you do, you need to come to the microphone. >> we agreed with what he had decided. we are new owners, the penalty occurred prior to is taking ownership. we are in the process of correcting anything wrong with the building. we pulled permits and this was a surprise to us as we went to pull the permits. that is the reason we are here. but we are in agreement. >> ok, thank you. any public comment?

seeing none, then commissioners, the matter is submitted. >> i move to reduce the penalty to two times the assessment based on the agreement between the two parties. >> thank you. mr. pachinko, when you are ready. >> we have a motion from president fong to reduce this penalty to 80 times the regular fee on the basis of the agreement between the two parties, dbi and the appellant. -- reduce this penalty to two times the regular fee on the basis of the agreement between the two parties, dbi and the appellant. the motion passes. >> i think it would be helpful to have commissioner hurtado here for the next several cases.

unless someone has the compelling reason to go forward at this moment, i think we would like to take a 20 minute break. are you ok with that? ok.

>> i apologize for being late,

but i had a work commitment. i came as and as i could. >> we are resuming the meeting of the board of appeals june 13th, 2012. calling item number 7. david kwoff vs the department. a permit to of all -- to alter a building to the original architecture. including railing and firewall. this is on for a hearing today and we will start with the appellant. you have seven minutes. gregg's ability evening, -- >> good evening, your honorable judges of the board of appeals.

>> could you speaking to the microphone? rex oh, sorry. good evening. -- >> oh, sorry. good evening. my name is david. i'm here with my wife to exercise our rights that all homeowners are entitled to, and to protest the building of a balcony at 360 moraga street. at please come help me place a condition of the balcony to be moved away from our property line, as stated in my brief. this is the last of the privacy we have enjoyed for over 30 years. since the home was built back in 1905, no home should have to suffer like this. the balcony takes up space and

takes away from us our living headquarters. you may already know that this is not a new balcony. it was built before this was issued in april of 2012. mr. jason vermont blamed the fine on me, which he initiated. i felt like i was such a victim. my main concern was the with a balcony was made. it was right -- was the way the balcony was made. it was right next our property line. >> face up, just like you were looking at it. >> this is too close for comfort. as you can see inside my home's