looking at our water taxi landing as a separate project which we will bring to you at some point but we are just getting started on that. >> any other new business commissioners? >> have you guys thought about kind of the awareness program. from the port. >> market, like a marketing program. or the more involved. >> more towards san franciscans. they know absolutely nothing. >> i know, i speak to them all of the time. >> like to offer them some kind of incentives you know on a half trip of the bolt and something like that. >> we talk about them now and then and tested it out to see how it would work. but yeah, we are looking at more robust programs along those lines. but i share, every time that i speak people tell me that they did not know, they don't even think to stop and think that

there is a sea wall, for example which is stunning given how much a san francisco property is, related to a sea wall. not the stars, but others. so. i think that we made some good headway with our 150, but it is a long ways to go. we end up having most of the public discourse about the development projects and themselves and not the portfolio as a whole. >> i guess that the idea is that the office of ongoing effort that you and some of the others on their, maybe their slower season, be willing to offer more discounted tickets to some of the communities and neighborhoods to take the people and the kids out in the bay. so, ongoing of efforts to out reach to the communities that just out on the water front. >> yeah, we have always also a lot of our partners to, for example, when our partners buy a new vessel they usually have a celebration but they don't promote that publicly and we have asked them to do that so that people can be aware that

there is a robust maritime component but we have not great in-roads in doing that. the giants and pier 39 promote themselves the best and fisherman's wharf to help with the promotions there it is few and far between. >> could they also have an opportunity with the blue, green, way to in a better shape to promote that and to use that as a destination to draw the people down here jufp as new york high line does that and then people the will see that we have a vibrant water front and get them to come up. we should figure out the plans to enhance that and to use that... >> on the streets it has been good for us in that regard as well. a lot of people come to the port. and it was pretty stunning, how many people that i spoke to on the sidewalk that really had not to the port. the number one comment that i got to the people even including former mayers was that they had no idea that we

had near so many restaurants that was in the commercial and so that attracted people's attention. >> a lot of people come to the port and don't know that they are at the port. i always wanted to name it apt, park at the port but, i have not won that one yet. >> commissioners, one of the things that i did want to also let you know and i will make sure that you are all on the information with it, and a lot of the things that our community do like the cbd and the fisherman's wharf association and some of the groups in the southern water front and they do the out reach and like there is the police fishing program that is run by our fisherman's wharf fisherman in conjunction with the police department and last year, i did hook them up with a couple of the cbos in the bay view, and they have taken the kids out fishing and the fisherman's

wharf rotary does a lot of community benefit with the tell graph hill, community center. and so, i think that there is a lot of things going on out there that we need to loop you in to the communications so that you know what is going on and that you can participate. and it is like the exporatorium had neighbor's night not long ago and invited everybody from the fisherman's wharf tell graph area and there are efforts with the merchant's association to do things. and the things like, they had crab feed contest, and they have done a lot of things that maybe, the information does not get far enough out. so we will make sure that you are included in all of that information and if there is any activities that you would like to see us participate in, just let us know.

>> >> public comment? >> i move to adjourn the meeting in memory of royal nelson and roy m. floss. >> second. >> all in favor? >> aye. >> >>

>> good evening and welcome to the june 5, 2013 meeting board of appeals. commissioner frank fung and commissioner honda and hurtado. to my left is -- who will provide the board with any legal advice and we have mr. pacheco. i'm the board of director. scott sanchez is here representing the planning department and bureau of streets and mapping and jeffrey is a building inspector

representing the department of building inspection. >> mr. pacheco if you will go over the meeting guidelines and conduct the swearing in process. >> the board request that you turn off all cell phones and pagers so they will not disturb the proceeding. the boards rules of presentation are as follows: appellants and department representative each has seven minutes to present their cases and three minutes for rebuttals. people affiliated with these parties must include their comments within the 7 or 3 minute minutes. members not affiliated with the parties have up to 3 minutes to address the board and no rebuttals. to assist the board in accurate representation of the minutes, people are asked, but not required to submit a speaker card when you come up to the

podium. speaker cards and pens are available at the left side of the podium. the board also welcomes your comments and suggestions. there are survey forms on the left side of the podium. if you have a question about rehearing or board rules, please speak to a staff or call the board office tomorrow morning. this meeting is broadcast live on san francisco government television cable channel 78 and dvd's are available for purchase from sfgtv. >> thank you. if you intend to testify at any of tonight's hearing and wish to the the board hear your testimony, please stand and raise your

right hand and say i do after being sworn in. pursuant to the rights in the sunshine ordinance in the administrative code. thank you. >> do you solemnly swear ora firm that the testimony you are about to give be the truth, the whole truth and nothing but the truth? thank you. >> we have one housekeeping item this evening that has to do with item no. 8. protesting the granting of a variance. the appellant in this matter has requested that the hearing be rescheduled and the variance holder has disagreed with the president's consent we can bring up the parties and have them presented to you about the rescheduling request. >> i would like to do that. i

would also like to make a self disclosure that i am friends with the permit holders wife and but i don't believe that is going to interfere with my ability to sit for and rule on this matter. >> okay. thank you. >> so we can hear from the appellants first. president wang, three minutes? >> yes. >> i'mal son perry, the appellant. i'm here in person to talk about the request made yesterday and i'm confused because the copy of the request was agreed. the other party agreed to it. so anyway, i know that it's still a board vote whether to -- >> i believe i explained that the permit holder had agreed to a june 19th date but it wasn't a date that i could be here.

>> that's okay. i did not get response brief before this date which is not a lot of time and we called and asked what to do about it and we requested the scheduling and i didn't fax this until yesterday and got the brief yesterday afternoon. so i understand that it's not the best way and nobody wants to reschedule it a month later but we were still stuck with having a day to look at it and figure out whether there was anything new and it might be obvious that i'm not an attorney. we are representing ourselves as neighbors and we keep going through the process and following the rules and for whatever reason i didn't get the brief. i don't know if it was an address problem or as the respondent said the postage

maybe was wrong, i don't know but i didn't get it and we feel we need more time. i understand, the facts we feel we have are important and so bruce in person to make that request again and ask for a vote. >> when did you receive this? >> about 4:00 yesterday. >> through e-mail? >> he brought it to my mailbox and e-mailed it. >> you were aware that you didn't receive this as of friday. >> i got it thursday and made the phone call. >> i'm just looking quickly at the materials. it's two pages. >> the whole brief, well but all the paper >> all the attachment. got it. >> we are told nothing is

different. that's a valid point. the fact is we had 24 hours. >> sure. you said earlier there was some agreement to move the date to june? >> i would have been fine with another week but i looked at the schedule it would have been 6/19 and because of the schedule it would have to be pushed another two weeks. >> so you are comfortable with june 19th? >> yes. >> okay. thank you. >> we can hear from the variance holder now. good evening commissioners. when we found out about the miss cue i'm not sure what happened. maybe the address was wrong. we tried to address it as soon as possible. we got the call at 1:00 in the afternoon. we dropped it off by hand and

mailed two of the copies to the parties. i think we would have agreed to an extension if it was only one or two weeks. i think in this situation our original variance was scheduled for december. we agreed to continue it until january to discuss with the parties further. no information has changed. we didn't submit any new information as part of the brief. it was a rehash of the original variance application and made in january. i don't believe there is any new information to review as we felt that the zoning administrator had ample information to make his determination. we would prefer to have this matter heard today since they had 5 months to prepare. any questions? >> what substantially is different? the two pages? >> we did a description of the project which is i believe a

physical description of what we submitted. there is the drawing that was presented at the variance hearing which describes our proposed building as well as the two adjacent properties and all the information was submitted. >> are all of these attachments previously submitted? >> yes. we were showing these at the variance at the hearing. nothing has changed. >> june 19th is acceptable to the appellant but was acceptable to you but our board of directors say it will be a midnight hearing. >> i wasn't at liberty to address that. >> what's the harm of moving it to july 10th? >> i just think it's -- we've been waiting 5-6 months from

our original variance hearing. it's getting pretty delayed for my client. we are trying get this process over with. we feel like it's a fairly cut and dry situation. we would like to have it heard. there is no new information. we are not sure what the extra couple weeks are going to do other than delay our clients and cost additional funds. >> but the decision wasn't made until mid-april? >> correct. the variance was, the decision wasn't issued until mid-april. correct. the hearing was end of january. >> okay. any other questions? >> thank you. >> mr. sanchez anything? any public comment. commissioners, it's up to you whether you want to make a motion or not? >> anyone want to stay here until midnight? it's a very

difficult decision, i think. any thoughts? >> we have a procedure. they didn't have on that particular date. they should have the timing based on what's in our procedures. that's their expectation. i think we should support that. >> we are talking about moving it to july 10th versus june 19th. >> to let everyone know i won't be here june 19th. i won't be here. >> you are skipping out on the fun night, huh? >> any other comments? actually, never mine. i will be here. >> i'm going to move it to -- i

would accept moving it to july 10th. >> we have a motion from commissioner fung to reschedule item 8. v 14046 to july 10. on that motion, president huang, lazarus, fung, honored a hurtado. this matter is scheduled to july 10. there is no additional briefing because all briefs have been submitted. >> thank you. >> all right. so we'll go back to item no. 1 which is public comment. is there any member of the public that would like to speak on an item that is not on tonight's calendar? seeing

none. commissioners comments and questions. commissioners? >> no? okay. item no. 3 is the adoption of minutes. for your consideration of the meeting of may 22nd, 2013. >> i move to adopt the minutes. >> thank you, any public comments on the minutes? >> seeing none. mr. pacheco please call the roll please. >> on that motion from the president to adopt the may 22, 2013, minutes. commissioner fung, aye, hurtado, aye, lazarus aye, commissioner honda. those minutes are adopted. >> item no. 4. item 4: subject

property at 349 banks street. letter from vicki shipkowitz, appellant, requesting rehearing of appeal no. 13-034, shipkowitz vs. za, decided may 08, 2013. at that time, the board voted 5-0 to uphold the zoning administrator's release of suspension request on the basis that the zoning administrator did not err or abuse his discretion. subject property owner: candu capital group llc. za order: asking that the suspension against bpa no. 2012/11/29/5100 be lifted for the reason that the planning commission has held a public hearing on the project and voted unanimously to not take dr and approve the project comply with nov no. 201275901; legalize construction of deck through the roof at 3rd floor built without benefit >> item no. 4. item 4: subject property at 349 banks street. letter from vicki shipkowitz, appellant, requesting rehearing of appeal no. 13-034, shipkowitz vs. za, decided may 08, 2013. at that time, the board voted 5-0 to uphold the zoning administrator's release of suspension request on the basis that the zoning administrator did not err or abuse his discretion. subject property owner: candu capital group llc. za order: asking that the suspension against bpa no. 2012/11/29/5100 be lifted for the reason that the planning commission has held a public hearing on the project and voted unanimously to not take dr and approve the project comply with nov no. 200 127-5901; legalize construction of deck through the roof at 3rd floor built without benefit of permit. #1234 1234 >> versus the joaning administrator decided may 8, 2013. >> hi. i'm vickie. this is a quick reminder that the neighbors at 349 banks are

concerned with the easy access and ask the board rescind or require modifications of the permit. >> the hearing request is based on the following circumstances. commissioner were asked to talk about this -- fatigue which is understandable. there was three parties involved. it would have been difficult in the best of circumstances much rest at 11:00 at night. for the sake of due process, this case deserves to be heard at a reasonable hour. the city was not held accountable. they did not provide adequate response to specific errors that were called out and in some cases no response. they have since the final made new errors related to this permit. they have again issued a permit without a public notice review. this is revision to a suspended permit

without during a suspension period. new and important information was brought forward by ddi. a comparable case is a dormer which was set by adjacent property. i don't believe the impact of which could be absorbed so late at night. what's more, not adequately considered was that this design creates and attractive nuisance. no one disputes this fact including the land project manager at the board of supervisors office. should the board not consider, neighbors will be forced bylaw to erect barriers. neighbors are being penalized. the deck in question is not being shown tonight. there is no 3rd part liability in the design.

investors have not been held accountable. misrepresented the fact in the permit in the brief and the hearing. you may recall the video with contractors who they didn't know jumping on and off my roof. they built without permit and continue to work despite the suspended permit. they spray neighbors and myself including those who came to support me. they have maligned my character. i urge the members of the board of appeals that hear this case at a reasonable hour. planning as nice as they are and holding investors accountable for the truth to disrespect the city

and neighbors. thank you. >> okay. we can hear from the permit holder now. this seems like a mockery of the process. i understand the process is designed to avoid manifest injustice. i don't know how the flags that were just presented that were likely to mean speculative is actually going to help you decide whether we should rehear it or not. the requirements for that the purpose is to manifest in just and to bring forth

material facts at the time this was done. if the board members are tired at the time of the hearing. matters related to code violations, fire safety access are being addressed at the time of the dr, they have been addressed in the appeals process. nothing has changed from that point to now. when the appellant requests a dormer to be compared for a deck, it clearly shows that she has a lack of understanding of what is required. with respect to the neighbors coming, we've actually had an open house. the house is open on the market. you can see the calculation of what profit we might make. we've had neighbors come to apologize and say this is beautiful. i don't see why this was done. we don't know neighbors. i don't have the time to do that. and they have

come on their own volition. we have not stopped them from coming in. we got introduced to them and they welcome the property. you can see in the dr process and during the rehearing process you will not hear any neighbors coming by. they are coming by and apologizing. in terms of getting your status update on the project, all the permits have been completed and they are all building and county code compliant. if you agree to not retheory further, we would go ahead and complete the work make sure it's planning and building code compliant and i understand the standard department is setting for us for even being a half an inch away which will be a leeway in any other case is not given to us. i'm fine with that. if it's

42 inches, i'm glad to give you 42 1/2 inches. i'm fine. we are good. if you have any questions, we are happy to address. >> thank you. mr. san chez. >> there is two points i will be brief. first a permit that was addressed in march and one suspended to include. that does not require planning review and did not trigger. there is no service notice. second in regards to liability issues, i don't really see the distinction between the deck here and any other roof deck that we would have here which is a very common situation. i think it's a very common condition to have a roof deck

at or near the same level in the adjacent building. i will be able to answer any questions to address procedural issues. i'm available for questions. thank you. >> thank you. >> anything, mr. duffy? yes? >> good evening commissioners, joe duffy. just to clarify, there is only one building permit signed off earlier in the process. we still need to do inspections on two issued permits on the suspended permits. i think electrical maybe signed off an plumbing are still open. and we did receive a new complaint on may 27th, for 8 separate items. we

wrote a notice of violation today on 349 banks for no guters on the roof which is unrelated really to the appeal but there is no roof gutter so they are going to have to figure something. if the roof leaks on the banks property. they have to take care of that. we did write a notice of violation. the present owner will be dealing with that problem. i just want to clear that up. in the brief i read that this is the first time that this is done. i did not say that it's the first time i had seen it done. i just wanted to clear that up. we'll make sure that it's built to code.

>> available for any questions. >> any public comment? seeing none the matter is submitted. >> commissioners, the larger majority of the request and the brief is not new information. it was addressed during the appeal hearing. there is one new item, the appellant of course is allowed to do whatever improvements she wants to her roof as long as it's within the code and it's legal. at this point, i don't see that the threshold of a rehearing has been covered. >> i would concur. i also want to comment that notwithstanding