need a permit now? >> if i had to do construction i would. >> you don't understand what construction was? >> is that your understanding now? >> now it is. >> okay. all right. i guess we'll hear from them. thank you. >> mr. duffy? commissioners, joe duffy. the department received a complaint around august 2012 atm bolt down installed and other disabled access. there is a couple of things. around that time if i'm not mistaken, listening to all the inspectors, i think we received multiple complaints of atm's

installed, 50-60 complaints. when that happens, it could be companies turning each other in. we were in inundated with these. we had inspectors going around writing these up. you do need permits for these even if it's storefront. i mentioned the disabled access. there is a whole code in the building code for atm's for reaching. it has to be access ebl for the wheelchair. it may topple over someone. a building permit is required. if it's plugged into an existing, it's probably not electrical but if it requires new wires, it requires an electrical permit. we did

issued notices of violation on 21st of august 2012 on green street and 24th of august for 789 valencia street. we issued a second notice of violation later that year because they hadn't still come in and got a permit. then in march of 2013, 27th of march they applied for a permit, we signed it on april. as much as we wrote 50 or 60 notices of violations, we signed to legalize them. one thing i noticed about the issuance of the permits when the gentleman came to get his permits, he came in and got

them, he went through our building plan check but he never came to the 3rd floor where people come to pay for their penalties. we might have been sympathetic at the time. you are not going to enjoy having this here. you are going to take it out and it's not on going. we are sympathetic. they never came to our counter to ask that. that's what i do as a senior building inspector, we get the penalties and sometimes we drop the penalties and we have that flexibility if i want to call it that. they never even asked for that and here we are. if anybody has any questions, i will be happy to answer them. >> i have question. say i have a drop safe and i want it attached to the floor so a thief doesn't walk off, does

that require a permit? >> doesn't say in the building code it's exempt from the code. i would say yes. >> every buys that -- business that we have here has a notice of violation. i'm just trying to get the point that drilling 4 holes requires, i have a drill press at my home, if it's bolted to the ground i'm in violation. >> i think what inspector is saying is it's an ada issue. >> yeah. we definitely want to go over it. it's in the building code. there is a whole section on atm's. >> these are the little boxes. i must be out of tune because we've done a lot of banks and every atm ideal with is in

concrete. >> they have some issues with them as well. from our point of view they needed the permit and we probably would have given them some reduction had they come to the counter. it never went through the building inspection division where people come to ask for a reduction. we deal with that everyday. >> do you object to having reduction now? >> i wouldn't be opposed to it. it's up to you guys. that's why we are here. >> thank you. >> commissioners, it looks like mr. sanchez would like to speak to you on this. >> sure. >> real briefly, any at m that would be on the exterior would require a planning review. it may need neighborhood notice,

it may need provisional use, we need to see this if it does have impacts on the public right away. >> thank you. any public comments on this item? >> seeing no public comment. you have 6 minutes of rebuttal. >> are all the atm machines ada ready? i know the requirements of space foot by foot in front of them, all of these have that space. the were not ada blocking in anyway at all. >> thank you. >> do you want to respond to this? >> yes. i hired a permit expediter, he never told me that we can go there. i wouldn't be here tonight if i knew i could have done this over there. thank you. that's why it took so long. >> anything further from the

department? >> no. commissioners the matters are yours. >> i'm going to move to reduce the penalty given what we've heard from the department. i'm sorry it had to come to this and we are here. >> greechlt >> the motion is to reduce both to two times? >> yes. okay. >> on that motion from the president to reduce both fees. commissioner fung, aye, commissioner hurtado, highest, lazarus, both penalties are reduced to two times the regular fee. >> we'll move on to item no. 7.

item 7:appeal no. 13-008nicole wright, appellanttss vs. zoning administrator, respondent 264 dolores street aka 260-264 dolores street. appealing a notice of violation & penalty dated jan. 05, 2013, addressed to revocable trust of edward litke and wellness 264 center, regarding allegations that the subject property is being used as an unauthorized commercial establishment in violation of the planning code. for hearing today. note: briefing schedule re-instated by board on april >> we'll move on to item no. 7. sf 71234 >> this can start with the appellant. >> is there an appellant here or anyone on her behalf? >> from victor and cynthia we are looking at the option of

rescheduling. >> why don't you state your name. >> my name is nicole. >> you are asking the board to reschedule this to a later date. why don't you explain at to the board. >> there is a couple reasons, the three reasons is i'm using my home as a residence and i have leases and documents to prove that. the other reason is that when i was attacked last summer i had some pretty severe disabilities and i have been on bed rest for a few years. it's pretty difficult for know get things done on my own. so, i brought my friend in to work for me for a few days. i'm just physically in capable of doing

this on my own unfortunately. i would like for you to have a chance to review these documents and the third reason is this woman is a suspect in my attempted murder. i filed a restraining order against her and i feel very uncomfortable in her presence. i would like to be here another date where she is not in this room. >> are you finished? >> i think so. >> why don't we take into consideration the request for the rescheduling and hear from the zoning administrator. solely for the question of continuances. >> thank you. planning department. the department would be opposed to rescheduling request. this item has been rescheduled once. they called the board of appeals to

allow four times to submit the materials. if i can go over that timeline. this hearing was scheduled for april 10 and rescheduled to tonight's hearing and they submitted many documents. the executive director informed miss wright that she must submit written copies to the board by the 16th. i communicated with miss wright on the 13 and 14th of may reiterating that these needing to be submitted in writing to the board and at this time she requested if the materials were submitted electronically would we drop the case, i said no. i said there were other issues that we had for the project and they had sufficient time to turn in the materials. and she stated

she had a restraining order. we called the police officer and there is no corroboration from the police department. we are not aware of a restraining order. we have learned apparently there was one now filed. we hear they were not a suspect. the appellant has been given much time. it's been two times the appellant had the time to submit information. we request the board move ahead with the hearing tonight. the neighbor is key for running testimony about the illegal uses that are occurring at the property and would support the department's position. >> thank you. the subject property owner he or she be given an opportunity to speak as well. is there anyone here on his behalf? >> thank you.

>> good evening. i'm the attorney for mr. lackey, the landlord. with regard to the request for continuances. we do not have an objection to it. it should be noted that we are in the process of an eviction action against the tenant. thank you. >> we should also take public comments on this issue. >> is there anyone who would like to speak on this continuances only. is there anyone who would like to speak? please step forward. rescheduling. >> jonathan black. i'm here on behalf of lily palacios. we would object to rescheduling as the d. a. has informed us.

this matter was originally scheduled for april 10th, the complaint was i believe was served on the in january. in the past 5 months the violations had continued. again she's had ample time to submit her briefing for this hearing as well as the april 10th hearing and we would like to have a termination on this as the violations are continuing. >> thank you. >> any other public comment on the rescheduling. >> someone is coming. >> hi. i'm lily palacios

neighbor. >> we are only discussing the rescheduling request. >> do you object to the rescheduling request? >> yeah. because i have been here twice. i think we should do it. >> thank you. >> anyone else, any other member of the public? >> are you an employee? i think we heard representation that you are assisting the appellant? >> i'm not an employee? >> are you paid to be here? >> are you paid by the appellant? >> no. i wasn't sure if i can come up here or not. i'm not being paid. i just wanted to quickly mention that i have been in contact with miss wright on multiple occasions

and pretty consistent basis and so i can vouch for the paperwork that she has as a witness to submitting the information that you will see in terms of the fact that her medical circumstances due to the current situation has affected her in many many ways not just time incrementation and time allotment but also her health in terms of i don't want to say mental capabilities. you will see in the medical records. she's had a lot of problems maintaining her health in terms of not having to be on bed rest. so i just thought i might add that to it. but again you will see what i mean when you see the paperwork that

she's handed you. >> you want to state your name for the record? >> trisha belt. >> thank you. any other public comment? >> commissioners if you want to reschedule then a motion needs to be made otherwise we need to proceed with a hearing. >> no. any comments? >> i'm inclined to hear it. everybody is here. let's put some ending at least as far as this board is to this issue. >> i agree. >> i have the same inclination. >> the only motion is needed if you wanted to reschedule it. we can just proceed with the hearing. so miss wright, you have seven minutes to present your case. >> okay. thank you. well, in

regards to lily palacios being a suspect in my attempted murder. these are my medical records. and i amon bed rest for two years. this is a civil suit. as far as you can imagine when i file a restraining order i have panic attacks from the abuse she's caused me. so palacios is the only complainant for this case. i have lived here for three years. when someone calls wolf enough times this planning department decided that maybe she was telling the truth. so

the documents i have here -- so these are my documents are my commercial leases that i have signed and they are also the advertisements. >> it would be better if you put it on our overhead so we can see it on the screen. >> so i have all of these. they are all different. >> speak into microphone. >> i apologize. >> do you want to see each one? >> it would help. >> okay. this shows my

commercial lease, my commercial address, commercial address, commercial address, contract with a commercial address. >> just the visuals. you are moving really quickly and the print is small. so maybe if you can just describe them. >> 2601 mission street and 235 first or 2nd street. >> i would place them in a manner that you would be looking at them so that if you turn them upside down they are upside down for us too. >> these are, we have 4,000 clients so we probably have 12,000 e-mails directing our clients to go to our commercial address. here is a snapshot of

some of those. my application -- >> turn it so we can see it normally. >> that's my application. this is my event license agreement for 261 mission street. this is an e-mail communication about my -- he says 405 howard. that's the mailing address. we work out of 235, first street . when i do cooking classes, i do them out of a commercial kitchen. these are my consulting agreements. so i'm a consulting referral company. i'm the middleman. i have the

advertising and marketing skills that other business owners don't have and i do the acquisition and match them with a consultant. this talks about -- it says the clients ability to work. i don't know if i brought -- somewhere in this contract it says my chef has to be certified and i have to use a commercial kitchen. here is an e-mail from one of my consultants says she works from florida. i crossed out some of these names because for public record. so, any ways, here is

the w 9's for all of my consultants, a list of my consultants and their business names showing that again i'm just the middleman. the next thing i have, these are affidavits. they are from guest and roommates and these are all signed documents swearing that 250 dolores is a residence and they have been harassed by palacios and they are afraid of her. >> are these executed? >> they are all executed.

>> the significant turs -- signatures look the same. >> they are eco signed. >> further e-mail affidavits. here is a girl laura saying the crazy lady intimidated her. mary lou said the same thing. these are all about lily harassing them. this next section i will go through this really quick. this is my list of all my residential tenants. this is my agreement to sublet which is residential. basically

so the real thing that's going on is that i'm a therapist. i have 8 plus graduate certificates and i have the ability to comment on a disorder but if it needs a final diagnosis i have to refer out. lily palacios qualifies as a paranoid stalker. i gave her my business card and she's been stalking me online. i have been on the cover of "newsweek" japan. basically she's been stalking me online and finding information twisting things around and making complaints to the city and landlord. there was an attempted murder in july. here is my discharge. i was attacked on 5/3. i have had

my attorney send letters. >> you are going to have more time on rebuttal. if you can help me out here since i'm a little challenged in following your points here. just tell me what your employment is. you said you do cooking classes, what else do you do? >> i own four companies. they are all consulting companies. this is a referral company. you can look on our website and we have terms and conditions and contracts. the cooking classes we have two commercial kitchens and we send certified chefs to the homes in the bay area and we do yoga referral where we do like the yoga in groups,

and i'm a they -- therapist. we do juice cleanses. the celebrity chefs signed a consultant agreement and the client comes to me and we sign the order and the client comes and delivers the juice to the client. >> you prepare the juice? >>. i'm only there to match them up with the client. >> i see. those are your four companies. food body me is one company? >> yes, i do financial consulting via the internet.

everything is done over the internet. since all of my friends are therapist. it's a different way to market food body me if someone wants a wellness provider they can go one place and have a resource of who they might want to see and on wellness 264 it says this is a referral website and it gives all the therapist names, the names of their business and the name of their business locations. my therapy practice, i haven't really had time to get it off the ground either. i think i have seen 5 clients over the last year. i have had problems with my health and with my stalker and i had to be put on bed rest for two years. and every time i get off the bed i get upset. >> okay. food body me, wright financial and therapy practice.

>> live therapy. >> i'm trying to understand your businesses. you are talking really fast. i just need you to answer my questions. okay? >> okay. >> okay. so it is your position that you do not actually work out of your home. what you actually do out of your home is the referral website? >> correct. >> that's it of the four companies you have. you don't do any live hip know therapy. >> because of my 8 plus

graduate certificates that's something i would be allowed to do. i do it out of my home on the computer. >> okay. the concern is the cooking classes out of your home. >> that's at the commercial kitchen. >> okay. a lot of the things you are saying are distracting me from the actual issue. that's why i'm trying to get to the actual facts that are relevant to the issue before us. okay? you mentioned rental agreements. miss palacios is a subtenant? >> miss palacios is a neighbor. >> i have the residential applications. >> are any of them here? >> their affidavits are here. >> they are not here. >> you don't consider that a business?