>> welcome to the july 25, 2012, meeting of the san francisco board of appeals. i am also very pleased to announce and welcome our new appointed board member ann lazarus. i look forward to working with you. commissioner hillis will be joining us in just a minute. i am the board's executive director. we're joined this evening by

representatives from departments that have cases before us. i expect to be joined shortly by the manager of the department of public works. if you could please go over the meeting guidelines and conduct the swearing in process. >> the board request that you turn off all cell phones and pagers. please carry on conversations in the hallway. the rules of presentation are as follows. appellants, permit holders, and department representatives have seven minutes to present their cases and three minutes for rare bottle. people affiliated must include their comments within the -- three minutes before rebuttal. members of the public have up to three minutes to address the board, but no rebuttal.

members of the public who wish to speak on an item are asked, but not required, to submit a speaker cards when you come up to the podium. speaker cards are available on the left side of the podium. the board welcomes your comments and suggestions. there are customer satisfaction survey forms on the left side of the podium as well. if you have questions about requesting a rehearing, please speak to board staff during a break or after the meeting or call the board office tomorrow morning. the board office is located at 16500 mission st., room 304. this meeting is broadcast live on san francisco government television, cable channel 78. dvd is of this meeting are available for purchase. thank you for your attention. we will conduct our swearing in

process. if you intend to testify at any of tonight's hearing and was to have the board give your testimony way, please stand, raise your right hand, and say 'i do." in a member of the public may speak without taking this post. -- oath. thank you. do you solomon swear that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? thank you. >> we have to housekeeping items this evening. the first half to do with items 7a and 7b.

the parties have requested a continuance until october 10 to allow time for resolution, if possible. we do need a motion in order to move that item. >> i will move to continue those items. >> any public comment? >> we have a motion from the president to reschedule items 7a and b. on that motion -- [roll-call vote] the vote is 5-0. president hwang: the next item has to do with item eight.

that matter has been withdrawn and will not be heard this evening. we can take up our first item on our calendar. public comment. we will move to item number two, which is commissioner comments and questions. commissioners? >> i would like to welcome ann to the board and give a brief description of her bio. we're delighted to have such a -- i do not know what to say -- impressive commissioner join us tonight. ann was appointed to the port commission back in may of 2004 and has served as commissioner since 2011. in her capacity, she served as the president and as vice-

president. currently, she works as the interim executive director at nonprofits undergoing transitions. in 1991 until the end of 2004, issue is the executive director -- she was the chief executive officer of mt. zion and helped fund -- health fund. she has extensive experience in both the public and private sectors and has been a corporate planner and director of investor relations for pg &e. she has served as the director of a health resource center and a program consultant to several new oral can -- administrations. she holds a degree from stanford university.

she aside leadership, a development, and financial involvement with numerous public service organization. she has also served as the chair of the trustees of a multi employer retirement plans with assets over $4 million and has provide counsel to both organizations. -- multiple organizations. i appreciate that you have come to serve with us. >> i am delighted to be here. i look forward to working with all of my colleagues. i know i have a lot to learn from all of you. i am very pleased to have this opportunity to serve san francisco.

thank you. >> thank you. any other commissioner comments? in the public comment on this item? please step forward. >> [inaudible] >> there is closed captioning, is that ok? would it help if we spoke louder? we will work on that. we will move to item number three, which is the adoption of minutes. the minutes of july 11, 2012. >> i move their adoption. >> public comment on the

minutes? >> on that motion to adopt the july 11 minutes -- [roll-call vote] thank you. the vote is 5-0. those minutes are adopted. president hwang: this is a jurisdiction request. the subject of property is at 246 11th avenue. it was issued on may 10, 2012. the appeal period ended on may 25, 2012. the permit holder is migsif, llc.

the project is to remodel interior areas/upgrades. remodeled kitchen and bath, remodel master bath, skylight and fireplace. we will start with debir questor, mr. fu. please step forward. you have three minutes. >> ok, i live on 11th avenue for 35 years. one of my daughters grew up in that building. originally, 246, the owner did

remodeling work. i did receive a notice. i think it is no problem at all. in my kitchen window, there was one piece or two pieces of plywood. i cannot see what they are doing.

i have been living there for 35 years. i do not have to worry about that somebody is going to watch me. all i see through my kitchen window is a piece of my roof in the morning. all of a sudden, you change that. you get a permit from the city, but my question is this.

the law has to be applied to everybody. it also has to be fair to everybody. he wants to add a bathroom, what ever they want to do. he is happy. i think it is not fair to me. >> i am sorry, your time is up.

>> all i want is that the bacon to the best they can to remove the -- that they can do the best they can. >> your time is up. >> thank you. >> before you sit down, which the two notices did you receive? that is a copy of the permit. did you get a 311 notice? >> i think so. >> thank you. >> is the permit the holder here? you also have three minutes.

>> i am representing 246 24th -- i mean, 11th ave. this permits did that require 311. that has gotten over the counter. in terms of his privacy issue, we have offered to use an opaque glass windows so that you cannot see through it. that is primarily for a bathroom. we needed for additional light. if you guys have any additional questions regarding int -- >> have you talked to the adjacent property owner? >> i spoke to them about it. we left a note. we were more than ok with that. we can go as far as removing

the window entirely. >> where are you in the process of the construction? >> we are doing finishes. we do not have the window placed in it yet. we can order a different window or have it removed entirely. >> when you proposed to put in the opaque glass, what was the response? >> we thought he was ok with it at first. we thought we would not have to come to this hearing. on friday of last week, he said he was still not ok with it. we cannot force them not to come or anything. >> what about the proposal that he would remove the window altogether? >> we have had that idea in mind for a long time. we are hoping we would be ok with opaque glass. we cannot see out of it.

>> did he explain why that solution was not acceptable? >> and not to my recollection. i do not know why that is not acceptable. >> thank you. mr. sanchez? >> planning department. welcome, commissioner. i look forward to working with you. commissioner hillis, sorry to see you go. >> we are not letting him go. >> the subject permit does not required section 311 neighborhood notification. there is a zoning administrator bulletin dating back to june of

1996. i just reviewed the plans prior to the hearing. senior building inspector reviewed these with the planning staff as well. there is note neighborhood notification required. it was pointed out to me this evening that there are two permit involved with the project. the first is the jurisdiction request. the second is the filling and other light well. that is also exempt from neighborhood notification because it abuts a blind wall on the adjacent property. all these projects are exempt from neighborhood notification. i'm available for any questions. president hwang: the second one is not at issue today. >> that is correct. that was limited to something that does not seem to be a concern of the jurisdiction

requested. >> one building must be taller than the other building. >> yes. if i could have the overhead. crashed. there we go. this is the subject property here, i believe. is that correct? >> [inaudible] >> the one behind the tree. that is not very useful. it looks like there questors property might be higher than the subject property. >> the kitchen on the upper level. >> that is correct.

>> good evening, commissioners. i got called back and jane and he was concerned over the work. i went out there myself. it sounded like a bird building another story. it sounded like i needed to go there. i ended up doing a site visit and i met with the architect. all the work was being done in accordance with the plan. some clarification on the rear deck. the issues with the dormers, i was there just this afternoon as well. the dormers were back 3 feet from the property line. the window in question in the bathroom is pretty high up.

if you put obscure glass in there, i think that would solve it. if you are in the kitchen in another building, you will not be able to see in. i am not sure -- that is my take on it. in the questions, i would be available. >> thank you. public comment on this item? commissioners, the matter is submitted to you. >> ok. please come to the podium. >> what i am trying to say -- >> do you have a question? >> if he wants to add something on the property, as long as you get a permit from the city,

nobody will complain. >> do you have a question? it sounds like you are making an argument. >> sorry. >> i did not hear anything about -- i received no evidence of the city erring -- this is a jurisdiction request. the rules regarding the request, and the yen timeliness of the request. -- untimeliness of the request. i do not believe there was an error.

for that reason, i would be inclined to deny the request. >> i am in concurrence with that, but for a slightly different reason. the problem is a procedural one. the limitations upon taking jurisdiction are in plaiy. the problem is one where somebody is looking at something for quite a long time. the change is sometimes not so except ago. i would note that if we were to hear this case, it would impact on the following, the kitchen windows occurred in proximity of the property line. this is a zero property line

situation. the solution -- and i would not want to take jurisdiction for the reasons i stated earlier, but i would hope that the permit holder continues to put an opaque glass. and tried to have some type of finality to the situation. >> if there are no further comments, i will move to deny the request. >> we have a motion from the president to deny this jurisdiction request. on that motion -- [roll-call vote] thank you.

the boat is 5-0. this jurisdiction is -- the votes is 5-0. this jurisdiction is denied. >> item #5, courtney utt versus department of public works. the property is that 642 jones street. protesting the issue went on may 15, 2012, to elisabeth lp. we will start with the appellant. you have seven minutes. >> my name is courtney and my friend is you're helping me.

i am a little unstable today. i am here regarding the gate that was installed in the alley of december of 2010. it was installed without permit. it has been through numerous city records a few times. this is the third time i filed the case against the gates. i have a few notes regarding wide the gates is not going to work for me. i was diagnosed last september with terminal brain cancer and i need handicapped access to the building. the rear door has handicapped access and the gates block in the alleys when it is closed people are not able to pull into the alley to pick me up. when this case was filed, it it was noted that the gate would be open from 8:00 until 5:07 days a

week. the biggest problem i have had is the date is not being opened at 8:00 a.m., so let me pull out my pictures. i have drivers pick me up at 8:30. the date is remaining closed. -- gate is remaining closed. this is on a sunday where people come to pick me up to go grocery shopping and the gate is closed and locked and it is 1:00 in the afternoon. here is another time when i was getting picked up for my mri at

8:45 in the morning. the drive for was unable to pick me up and had to pull up in the front of the building at the bus stop. the gate has a bar at the bottom of the door. i will be on chemo for three years. i will be having in the dirt -- i will eventually be stuck in a wheelchair and there is a bar at the bottom of the door. i am not looking forward to having to go over a bar in a wheelchair. blocks to the gates is at 5

feet. i am the only one who has eight key -- a key. nobody can get into the gate unless they have a key from the outside. i do not own a car. i be needing help -- i will be needing help. even though -- it is not always open on time and the drivers are unable to pick me up. the same thing with the groceries. i have to load and unload to the front door. at this point, it is workable.