after the hearing the notice of violation and penalty letter said it would be legalized. the notice was vooushl people appealed to the broiling the board of appeals continued the item that the sponsor go through the process and legalize the use. throughout the process the zoning administer has said that during the restrictive use district is a non-conforming use and wants to relocate subsection o or e to belief talk about this a non-conforming use may be able

to reestablish at the other location within that location acknowledge upon approval of a conditional use those project neatest meets the provisions in its code section. the department has received public comment from the excelsior action group and 3 residents with concerned about the model of financial services and check cashing services in addition a memo was received from supervisor avalos that offered support on the condition that lucky money check cashing can discontinue any check are cashing. i've given copies of this thirty my. finally statetolysis there's one other busine

other business doing business as money market they've operated at that location since 2004 and also at 4851 mission streets 4 lots to the north there's sf cash, however, very a leg permit and that is for the use and permitted. in conclusion the department recommended we approve this conditional use authorization and our suggestion is the project is not going to result in an increase in the of him be institutions in the neighborhood because the institution is already there. if we grant the conditional use and allow the business to

operate it will allow the property to continue that concludes my presentation >> project sponsor. >> good afternoon commissioner president wu. >> mercedes benz i'm with the gabriel architectures representing the porn for lucky check cashing. there's a lot of history along with this project mainly because this overwhelming group has been in the excelsior neighborhood for almost 20 years now. they've been at the few locations that's why the hearing. the zoning many of the and staff acknowledged lucky money was not allowed the use for the

restricted use district that was created in 2008. previo previously existing is now needing a permit. they've met with supervisor avalos and lucky money check cashing provides services including reanytime's - filipinos and the terms fore-check cashing are more generous generating more than $6,000 we believe that the periphery has no other ouksdz and i apologize this was written go this morning prpg lucky modern has been in the excelsior

for 20 years this should be allowed so they can continue operations to the filipinos. people have relied on them we ask you grant our application if you have any questions, i'll be happy to answer them. we now will have a few words of the project sponsor >> commissioner president wu and commissioners good afternoon. i'm in charge of lucky cash at the outer mission district and lucky that a day has been in the district nor seven years and lucky money has been there for more than 20 years actually and

there might not been no lucky money in other districts almost all of our customers at lucky that a day and lucky check cash are customers. and the reason why we're here is we don't supervisor avalos is against our lucky that a day and we don't want the lucky that a day to be closed in the outsider midgets branch because all of our customers there are filipino-americans that applied for a lucky that a day advance for emergency situations and remit the money they don't have 80 go out to the office to send their money to the loved ones

but can cash their checks or take a loan and send it it to their loved ones in the fooenz. we're regulated by the department of oversight and we pay day advance is defined as a short term unsecured loan usually paid on the next advances we over thirty days in advance to our customers because we know that this money they're going to get from lucky money some money will be sent to the filipinos and we want our customers to be financially responsible. in a sense that we don't just

approve their loans when they apply it we have to check their capability to pay and not only because we need them to pay us because we need them to think that they're getting the loan for emergency reasons only. in fact, we don't endorse our accounts for collections. i'm 9 one who gives them a call and collect the money and if i can speak to them in our language and ask them why they can't pay us we offer them repayment plans up to 3 months. we don't want to be coded as we want to be partners the responsible customers and senior

citizens for them to the financially stable. lucky that a day we only generate $400 a month it's not big income but since this customers are almost all filipino-american customers that sends maintain to the philippines we want to exist in the district >> i think that's all i can say thank you. >> thank you. >> okay tests open this up for public comment any public comment is closed. >> commissioner moore. >> i think that's interesting to discuss this there are a number of things resolved in this project but not at the core of what i'm going to say. since the community is used to

having a filipino business in the community i'm in principle supportive of its relocation but i take the supervisors in this case supervisor avalos move to bring to the rest of the community into compliance with banking and mar tar services that reciprocate all of the neighborhoods. inch of i'm cautious about supporting all services at the lending of the institution is lending. it's quite sometime it's close f that he's bringing a credit unit right across the street from the enterprise it's a commitment to bring this community into the services and practices that are

customary and properly regulate by the banking and particle the pay day loan practices which pneumawe supportive no to support anymore i can only support of the approval of this application if this applicant will focus on the remit services but drawback from the payday loan practices >> commissioner president wu do you mind in i audio a comment susan deputy city attorney. we received this letter at the same time from 9 commission. and in 2007 when our office was looking into this legislation for the supervisor it was clear

that this area is very heavily rigid by the statistical state of california and where the city was reexempted from trying to regulate the business activities so while the area of land use regulation was clearly within our local jurisdiction there were some areas that were preexempted by state law. i'll urge the commission if you want to look at it this continue you'll give our office time to update our research and determine to what extent to ghosts a condition of approval limiting the financial certifies

>> i a.m. am grateful we hear the size of the community is local filipino lender want to stay, however, i want you to help us work that out and i actually i would gravitate toward this with more advise. >> i reiterate you retain our full discretion under the process to grant or deny the permit based on land use related issues. >> thank you commissioner antonini. >> yeah. so it so you would the city attorney will need some time so we should continue this item if we pass it today, we can't add a condition. >> if you want to propose it by the supervisor i recommend you

thank you for the opportunity continue it. >> it's governed by state law i think he's asking not engage in pay day loans in his memo by aren't they regulateed by the state in interest rates. >> yes, that's an area heavily regulated by the state. >> i'll wait to see what the other commissioners is. >> commissioner borden i notice there's a notice of violations are recurrently open and operating. >> yes. at this location. >> they'll continue to operate. >> they're going through the process to legalize the use.

>> yeah. i want to be clear open that so the longer we take. >> commissioner sugaya. but the l o v what direction triggered by new legislation >> so they've excited in the neighborhood for many years then when the legislation came into effect they moved and that's to to the current location but didn't seek the new permit required under the legislation. >> as staff or i guess the supervisors office isn't here have you heard of any complaints. >> complaints about this business? no, i haven't. >> they've initiated our

process but no subsequent complaints about the business operating. >> commissioner moore. i think it's is it fair to say that the commission has said this is not in the kind of transformation he's looking for if this is determined as less than desirable for the boarder policies that deal with banking handling this is an exception so that so this is fair to say >> commissioner sugaya. >> yeah. i'm going to approve with conditions. >> on the motion to approve arrest commissioner antonini. commissioner borden. commissioner hillis. commissioner moore.

commissioner sugaya and commissioner president wu. so moved, commissioners, that motion passes passes 4 to two with commissioner moore and commissioner president wu voting against we'll move to item 17. >> request inform discretionary

review. >> good afternoon. mell vin the proposal is for the alteration and the construction will be for additional floor area and floor level blow the garage kaurgdz a elevator that is there and 9 inches from the rear wall and let's visibility from the street the house was destroyed by fire the residential design team reviewed the project and the concern raised by dr requester was not exceptional for the following the potential day. is not covered and outside the per

view of the design team it's set back from the building and insure that the gap between the buildings is thus mom and pop a consistentcy the proposed edition is set back from the facade and from the screened view and the addition clearly not visible the proposed garbage and basement step up from the street and the proposed edition is set back from the building facade and not visibility block the corner this step up with the proposed street and the deck is stewart set back and not project toward the south part of the

building. it will not impact the adjacent properties. the egress requirement are not covered from the guidelines with the residential design team there's no exfoliating extraordinary circumstances and we recommend you not allow the permit >> dr

>> it's a row of italian victorians, and i detailed in a letter to you earlier my concerns that the secret process was not adequately followed by the department in

determining that this was -- they reached a determination that this was not qualified as a historic set of properties, but i believe it is historically significant. >> the planning department disagrees with the finding that the project is minimally visible. the height 3of this slide shows where it's across the street. the total height is 58 feet above the sidewalk which is of course what is allowable in the district. you can see from this slide that it will be visible not just across the street, but well down the sidewalk of vicksburg on the opposite side even down here past 23rd to the

south. and therefore, i feel the characterization is minimally visible is not accurate. in the rear of the property, there is a cottage on our lot that faces directly into the rear of the subject's property. in the plans that were submitted to the city in 2012 and circulated in a 311 notice, this cottage was omitted completely. this shows the plans, originally submitted. this shows the corrected version with the cottage here in the rear. this is the subject property here. i'm sorry, it's hard to see, but why that's

significant is that the cottage faces directly into the rear of the subject property and it's hard to tell from the plans and renderings that were submitted, but the bulk and mass of that project is going to change dramatically and it's almost going to double in size, the service area. and those windows, and this is the master bathroom with a full length door and glass, so from our backyard and from the cottage which faces again, faces directly in there, we'll be able to look and see the sponsors in their bathroom. likewise they'll be able to look down from their bathroom over the -- over into our cottage and the rest of our yard removing our privacy and just peace of mind. i want to say i feel very strongly

that the sponsors have every right to install an elevator for accessibility, but that doesn't override over quiet enjoyment of our house. we requested a sound standard and they refused to give guarantees on that, so i thank you for your time and request that you please consider any type of modifications that will address these concerns. thank you. >> thank you. >> okay. public comments, speakers in support of the dr? okay. seeing none, go ahead. >> my name is will and i'm the

opener of the property next door to the subject property. there's actually things i like about this project. i like the way they're creating a green roof over the garage. i like the fact that the city is allowing them to retain the front entry stairs as an encroachment and i think they're utilizing the lot and they have two existing decks on the lot. they're going to ask for two more. i'd ask you to pull back the rear deck, the new rear deck which will really tower over our yard. our yard is an l-shape lot, so from their advantage point, you can see our entire yard, so i would ask you to

please accept the project that has submitted, but pull off the new rear deck. thank you for your time. >> next speaker, please. >> good afternoon, my name is melissa mattress and i'm a neighbor on vicksburg street. the first block of vicksburg street retains its unique historic look. a look that is rapidly disappearing from san francisco. and two, that a true assessment of past difficulties in excavating the bed rack of the street begun. there was mention at a first meeting of some short of bond or escrow account that might protect against projects, but this promised disappeared at a second meeting. i would like briefly

to read a letter from another neighbor who is disabled. my neighbor's led me to believe there would be -- this is sandra strible. my neighbors led me to believe there would be a two foot space between the elevator shaft and 22 vicksburg street in order to gain my support for their project. the separation between the two buildings is important to me. without a minimal of two feet separation, i would like to withdraw my support for the project at 18 vicksburg street. sincerely sandra, so thank you. >> thank you. any further public comment in support of the dr? seeing none, public comment is closed. patrick sponsor, you have five minutes.

>> good afternoon, commissioners. my name is mark english and i'm the architect for the project. i'm going to split my time with david silverman. i have a long history with this property. i met richard robinson 20 years ago. the property looked like that after a house under construction next door caught fire and burned the house and burned richard's house within a minute. the fire department saved the facade. we built a new house behind that facade. 20 years forward, richard and pete, a married couple want to have expressed to me the desire of age in place, that means a garage and elevator and that means accessibility and a master bedroom. all of those elements have been pushed back from the front facade to retain the character that we work so hard to

preserve 20 years ago. this is a rendering and a photograph that you have in your packets. the photograph on the left is the house as it is today from across the street on the sidewalk. the rendering on the right is truly what the addition of space that would contain the elevator and the third story edition would look like from the public right of away. and with that, i'm going to ask david to come up and continue presenting. >> good afternoon, commissioners. i might run a minute or two over, but i'd like to to request that time because the two