>> good evening and welcome to the february 13, 2013 meeting of the san francisco board of appeals. the presiding officer this evening is president chris hwang and joined by commissioner frank fung and arcelia hurtado and darryl honda and ann lazarus is absent this evening and we have our staff joining us this evening. i am cynthia goldstein. i am the board's executive director and are

joined with want dids that have cases before the board tonight. scott sanchez is here. john quan is here management of the public works. jarvis is here with taxis and municipal services and katherine markum is here from the san francisco police department department bureau. at this time if you could go over the meeting guidelines and conduct the swearing in process. >> the board requests that you turn off all phones and pagers. please carry on conversations in the hallway. the board rules of presentation are as follows. each side has

even minutes to present their case and people affiliated with the parties must be in this time and members of the public have three minutes to address the board but no rebuttals. to assist the members members are asked but not required to speaker card or business card to staff when you come up to the podium. speaker cards and pens are available on the left side of the podium. we welcome your suggestions. there are customer satisfaction car cards as well. if you have a question about rules or schedules please talk to board staff after the meeting or during a break and the office is located on mission street. this meeting is broadcast live on san francisco government

television sfgtv cable channel 78 and d.v.d's of this meeting are available for purchase directly from sfgtv. thank you for your attention. at this time we will conduct our swearing in process. if you intend to testify at tonight's hearings please stand, raise your right hand and i "i do" after being affirmed. notice any member may speak pursuant to the rights in the sunshine ordinance and the administrative code. thank you. do you swear that the testimony you are about to give is the truth and nothing but the truth. >> thank you. we will move to

item number one which is public comment for any member of the public that would like to speak on an item that is not on the calendar. seeing none. item two is commissioner comments. >> am confirming they will miss the march 6 meeting due to business out of the country. >> thank you. any public comment on item number two? >> i'm going to advise i will be done and also due to business. >> is the adoption of the board's minutes for january 16,

2013. commissioners. >> move to adopt. >> okay. thank you. is there any public comment on the minutes? seeing none mr. pachico. call the roll please. >> on that motion from the president to adopt the january 16, 2013 minutes commissioner fung. >> aye. >> thank you. commissioner hurtado. >> i was not present at that meeting. >> you still need to vote. >> okay. so i will move to adopt them. >> okay. aye. >> move to adopt. >> aye, and vice president is absent . commissioner honda. thank you the vote is four to zero. those minutes are adopted. thank you. >> okay. thank you. so then calling the first item under

item four our addendum calendar and the jurisdiction request at subject property at 669 san jose avenue. the board received a letter from vassiliki moulas and take jurisdiction over the application which was issued on august 31, 2012. the appeal period ended at that time and the request was filed at the office. is the requester in the room? please step forward. three minutes to present your

case to the board. >> i will vassiliki moulas. and i am here today for -- i don't want to turn down the apartment because my older son had a stroke three years ago, and i need that space for him, so i want to be on your next calendar or your next hearing. >> anything further? okay. we can hear from the department of building inspection, mr. dufty. >> good evening commissioners. joel dufty, dbi. this permit was obtained for a notice of violation. we received a

complaint about the rear studio at the building. we issued two notices of violation and an order of abatement has been issued and posted on the property on december 6, 2012. we generally like to keep this in place and get the work done. it appears that the construction was done many, many years ago because there was no penalty on the violation which we normally said the work was done pre-1960 so i am available for any questions. >> have you received any response from the requester from the notices of violation? >> only that they came in and got their permits to comply with it but i didn't receive anything. they acted on the notice of violation to pull the

permit and pay the permit to keep the illegal studio apartment. it's illegal with the studio in the year on the ground floor. >> so you didn't engage in that conversation? >> no, not me personally. if they came to the department but i'm not aware of it. >> it's illegal because it has a full kitchen? >> let me see what the notice of violation stated. the inspector raymond bayor and apartment without a permit. when we say that we presume there are cooking facilities in that the area. it doesn't say on the notes but he referred to it

that way without cooking facilities at that area. that is standard. >> thank you. >> [inaudible] the kitchen non warranted or the whole space non warranted at this point? >> i don't have that information with the violation. it just states on the violation and studio apartment on ground floor and i'm not sure if there are rooms there or not. >> do we have permit history on the property? >> not that i know of and like i said i think the work was done years ago because there was no penalty or violation but it is used for a studio apartment in a two unit building so technically it's illegal third dwelling unit in the apartment. >> okay. according to the violation if they remove the kitchen would that comply with the nov? >> well, i have seen in the past in this situation where you

could file a permit to remove the illegal cooking facilities and legalize the rooms on the ground floor for maybe a living room -- >> family room. >> a family room, a studdie. people do that all the time. we ask for them to file to legalize or remove the studio so they chose -- the permit was to remove the illegal construction. sometimes there is ventilation and all of the egress from a bedroom and hard to accomplish that but sometimes people legalize it as a storage room. >> so when the inspector inspected the property did he note if there was conforming light and air? >> no. we typically get that on the permit that comes in later and people need to hire someone to see if it's possible to

legalize it. storage rooms is what we see if they can't meet the requirements. >> okay. thank you. >> thank you. mr. sanchez. >> thank you. good evening president hwang, members of the board. scott sanchez planning department and this is located in a dwelling district and two maximum units are allowed and listed as a two unit building so they're not able to legalize a third unit. i would note since the inspector mentioned the work had been there for quite some time while the san born property shows for two also and r3 and the dwelling unit for the lot area so it's conceivable prior to that time they could have had three dwelling units on the

property so that is information i wanted to share, but currently legally we couldn't legalize a third unit at the property. i am available for any questions. >> is there any public comment? >> good evening board. jerry brown. i am actually the agent for the project -- >> mr. brown your time is under the time allotted the requester. >> sorry about that. >> that's okay. any other public comment? okay commissioners the matter is submitted. >> well, commissioners i would allow them to have their say here and allow us to see if we can sort through this a little bit at least here the pertinent information because what is

included in the brief and in the presentation does not provide us enough information to make any type of determination, but i would vote for to take jurisdiction on this case. >> i agree. >> i agree with that as well. >> i will move to grant jurisdiction. >> okay. if you could call the roll please. >> we have a motion from the president to grant this jurisdiction request. on that motion commissioner fung. >> aye. >> commissioner hurtado. >> aye. >> vice president lazarus is absent. commissioner honda. >> aye. >> thank you. the vote is four to zero and the requester has a new five day appeal period that ends this tuesday because of president's day. thank you. >> thank you. calling 4b which is a rehearing request. the subject property is at 800

brotherhood way. the board received a letter from quentin kopp for appeal of kopp, l.a.i.c. et al. vs. za decided on january 9, 2013. at that time the board voted four to zero to one, president absent and zoning administrator did not error or abuse his discretion. the determination is brotherhood way llc and notes that under the motion for a residential planned unit development with up to 182 dwelling units at the subject property which was a moved on may 19, 2005 is still valid. mr. kopp you have three minutes. >> first i wanted to say i reviewed the meeting that i missed and i am able