removing the illegal units there's been none of that the stair their alternated the entrance to not have two enhances you used to go up the stairs there was a close it and go into the ground floor and a new stair way going up to the ground floor. >> misunderstood. >> the building department wants to inspect the top floor it is only the electrical and plumbing work. >> that would be right yes. >> i mean in general that's the - and, however, i was in the upstairs of that building it was during remodeling and there the permit that was called for the october 2013 as that's not under appeal but that permit in and of

itself is not a separate permit. >> which leads us to make that correct they will have to be revised. >> there's other permits needs to clean up and permits cancelled or revoked basically needs cleaned up. >> you already have novs out there. >> i have novs out there. >> at the can't clean up their title and other things so what you want is continuance. >> if i could guarantee i could going get into the building and if not we'll use that as a separate action and that would be good to direct them to get us into the building that's helpful. >> they'll want to clear up all those things. >> yes. >> and we can do it here at

this board the appropriate inspection and the appropriate revised permits. >> that's okay. no problem i was saddened by the comment the dissolution by the department of building inspection to be honest with you sometimes, it's not an easy job not everybody is happen but at the end of the day clearing up your permits you'll get there and regain our confidence in the department whatever it is. >> we'll follow through on the appropriate process but we've all been called worse (laughter). >> i know thank you >> okay commissioners the matter is submitted. >> i'm going to move this goes throw the to the call of the chair pending resolutions between the permit holder and the department to resolve the

novs and any sunset permit application from the department. >> okay. >> was that clear and i believe see to it on the to the call of the chair until the notices of violation can be addressed and resolved in my subsequent permit he applications can be made. >> right. >> you have to come to the poufrm. >> to ask our question. >> that means continued not to a specific date. >> i was informed those are electrical permits were

finalized already in october of 2013. >> you have a little bit left to deal with that maybe cleared up but other issues there. >> are we're going to speak being the other two permits she was complaining about. >> only 3 permits. >> all of the permits are being addressed by this motion i believe; is that right 3 permits? >> the other permits has nothing to do with this building the tenant only wants to harass her very try to resolve those. >> i'm not sure what's going on. >> at this point yes. okay. >> that's fine thank you

did you resolve things with the department you can also come back and request certain ones. >> mr. pacheco any. >> mr. duffy last point. >> (laughter). >> not forever. >> if things got resolved and the permit for remodeling the units i don't think the other pirate will have issues withdrawing that fee will take care of that and stop all that. >> whatever we don't know. >> that's right. >> is motion from commissioner fung to continue all 3 matters to the boards indefinitely commander or calendar public hearing have been held to allow time for the outstanding notices of violations to be abated or

resolved yes? okay on that motion to reschedule auto 3 matters to the call of the chair the vice president is absent commissioner president lazarus commissioner honda commissioner wilson is absent the vote is 3 to zero all 3 matters are on the boards indefinitely calendar to the call of the chair >> the next - >> just one minute. >> okay. so the next item i'm going to call is item 8 appeal lynn vs. the department of building inspection with the planning department approval the property on garfield street protesting the issuance on

august 27, 2018, of an additional before you begin we need to wait for the commissioner to return to the room one minu >> are you mediterranean sea mary. >> good evening i moved to san francisco on march i thought it

was going to be a downstairs room when i arrived she rented the room to a couple with a child she offered me an upstairs room and two months later she offered me a room in the garage i accepted the room i knew nothing it wasn't for reasonable certainty i don't care who recorded to the building inspections i got a rent board action against her this is a where we stand today at the time, she got the action i appealed it because she stated it was a storage unit she also stated it was a single-family unit and 3

families living there so i investigated the whole situation and found out she gave me an eviction notice the rent board she said advised her the eviction notice stated on august 15th she hadn't gotten her unit demolished informed me she had an appointment with the building inspector and i find out i was supposed to be informed and supposed to have the 60 days eviction notice she hadn't seen the inspector and given me a thirty day notice to vacate so pie rights were availed i should at least i know she should follow the proper

protocol so as a result she had me wrongfully evicted that way i was homeless on the streets of san francisco so i had that retired she isn't a proper landlord and back i'm back in the residence this was he overturned what do you call it with prejudice because that wasn't right she would be truthful and so here we are today. >> are you finished. >> yeah. >> where you are you living now. >> i'm living at the recipes well, it's a garage unit. >> your staying there. >> it's unfinished sheetrock and framed in it was proposed to to be finished but she hadn't

finished it was agreed it was going to, finished. >> i thought it was your friend. >> i don't understand why it wasn't finished i had an action it was mediated i won and beyond why we don't have a normal tvrl relationship i signed a one year lease i moved down there with the intent of moving out there that was never agreed upon and the original lease had a verbal stipulation i'd get a one hundred there's reduction when i moved downstairs everything changed she said she wanted me out. >> okay.

>> here we go today i don't know if she's going to demolish room my rent was reduced and she's supposed to not be doing this she's continued to taken all the things out of the garage i'm not supposed to change anything without permission she continues to harass we i don't have a peaceful environment i don't understand thank you. >> ms.es have on. >> hi, i'm lilly i'm sorry you have to listen to things that belong if the rent board we're here to resolve the

permit the violation that was filed but i took out the permit to remove restore the garage to the original condition now, of course, she filed a lynn filed an appeal so in the meantime, i didn't do anything she's eagle there and paying $300 a month a room that's 9 by 19 feet it's not it's 90 percent complete the reason it whatnot complete her friend bob built a room to her specifications he promised here a lot of things that you know aimlessly blind i'm trying to start a new life to start working as a loan

officer i have to go out to social lists to meet people i wasn't keeping an eye on who was going on in the house when i realized what kind of a room he was building i knew i couldn't get a permit i told him to stop in july i told him to stop working and not come back to work until this is r0e68dz when the violation came it was actually a relief i was going to take it down because i built the rest of the highway with permits this is the only room that was built without permits that was because she and her friend bob built it for her so she can have a reduction in rent my sister was only here to visit for one week she doesn't live here she

lives in australia that has nothing to do with with moving downstairs she moved downstairs to have lesser rent i've expanding canvassed my neighborhood and neighbors this, of course, this is to take out the bail precedes appeal i have the signatures here because they're working it's late can i give them toy? i have 5 signatures here >> i don't think we need to - and okay. i have neighbors that they do not want to see illegal things going on i agree with

them i'm all prepared to take down the building i took out the permit and paid my fee and i don't see why i can't take this down. >> she has advocates homelessness advocates and social workers who can place her in a shelter or home anywhere anytime, in fact, the social working promised the judge to move lynn out within thirty days there was in september 26th and it hadn't happened i withdrew my you know thirty day notice to her because i'm not a hardhearted person i'm not

ready to through her onto the street and i'm sure they can find is a place for her to live and i ask the board to grant me the right to remove the structure because it is a violation and if everybody can, you know, what is the sense of having the building inspection issue a violation when you don't follow the restriction? so the law says there's there for a perspire we should follow. >> i'm a little bit confused can you wake me through the timeline she was living in our building

in a different room. >> right i have two rooms upstairs and two downstairs she was living in a room upstairs i was caesar chavez her $600 a month. >> and she moved downstairs and what promoted remodeling the garage. >> no, that's the room. >> okay. that was the room she was in and she wanted to do work with her friend. >> she wanted more thing to be done she wanted a private bathroom and private kitchen i had to check with this gentleman here i wouldn't be able to get a permit for the kitchen. >> so the work started and at some point there was a violation because the work was without permit. >> i stopped the work before the violation came. >> what promote the violation. >> someone recorded. >> somebody in our neighborhood

or - >> i suspect. >> some place in the a neighborhood and it was recorded you got a notice of violation and got a permit. >> i went immediately. >> she's appealing the permit. >> right. >> just wanted to get the details. >> right. >> are you interested at all in legal listing the process for an in-law unit. >> i okay. i don't have the money to do that right now in the future i maybe you know when i do have the money i maybe interested but right now i don't have the money i just as well tear it down and rent the two rooms and forget about it. >> the only reason i'm renting

the rooms out to help me pay for my mortgage my husband and i are in our 70s we have a mortgage to pay our social security didn't cover that that's why i'm trying to start working go to see if i can you know bring in money so i don't have to rented the rooms out and have all those problems. >> thank you any other questions. >> mr. sanchez are you going to speak on this one. >> good evening scott sanchez planning department just briefly on the matter of the compliment that was filed on august 11th with the building inspection no complaints on file about the be department of building inspection it was issued to remove the rooms on the ground floor it's my understanding it

doesn't remove a dwelling only removing the garage area so there's no spate fatalities and the appeal was filed open august 28th in discussing with the permit holders what is good evening conducted at the site the things that some of the rooms are operating as a group housing use i've informed the permit holder this is not employed in the single-family district not loud she's going to take steps to correct that but otherwise i don't see any issues from the planning code prospective something not legalized from an in-law unit but again only inhabitable units only the dwelling removed under the planning code they'll have to obtain one parking space for

the single-family dwelling so that looks like the area in the garage was maintained for that they can convert under the planning code we have limits on the feature in terms of how many if itself it a half or full bath but the permit holder can have additional living space we're work with them so the code can be maintained i've not seen the plans i don't know how much spois space or right behind the garage door but that's where we are thank you. >> actually so you have no idea whether the 19 space reincludes a garage use. >> correct nothing floor plans of the garage level. >> and then you can't do group housing but rent to a student.

>> correct rent the additional rooms and they have access to the cooking facilities be consistent with a single-family dwelling with co-tenants or separate tenants. >> mr. duffy. >> commissioners the permit sorry the first action by dbi was a complaint on august 11, 2014, it was an amount complaint it said work without permit construction with garage inspector hernandez tried to get in there on 8 slash 12 he left a note and was let in he issued a notice of violation which read

are complaint investigation has pay attention walls have been constructed of garage front area and to add a room the room is 14 feet by 8 feet and garage door with a wall constructed with a 3 foot door and the instructions to obtain a building permit to legalize the condition separate electrical permit is required 9 times penalty must be paid to abate the notice of violation then a permit that's under appeal two walls and one door to be removed and garage to the restored to normal condition and containment to - was there a startup with plumbing of electrical work. >> i see that a permit i see

the notice it again, a separate electrical permit not plumbing work and we generally state it it looks like a remodel not a bathroom and inspector hernandez is thorough. >> yes. he is any public comment on this item? >> i'm sorry you'll have a chance on rebuttal. >> any public comment on this item? >> i'm jeff i rent the two bedrooms that are behind this two walls and door and i'm with my daughter and my girl so we rented the place as a no share with the kitchen and bath so when we moved in we were told

that we had to share the only the bathroom until ms. lynn mary's room was built with her kitchen and bath so i'm here to support the fact that she was building a room for ms. lynn mar with the kitchen and bath. >> can you repeat that. >> i'm here to support that the lady was building a room with the two walls and door because we're sharing at the moment and we're waiting we were waiting for the room to be built with her own kitchen and bath so we didn't have to share. >> okay upstairs or downstairs. >> downstairs. >> at first ms. mar was living

upstairs temporarily. >> you're saying that the lady built the room? yes. because when i in the beginning of march i called and i saw a posting for two bedrooms; right? and i called it but i was denied because one room was taken so a couple of days later i forgot about it so the husband of ms. lilly saying that they were going to give us the two rooms and i asked if there was a no share because i have a daughter you know we don't want no sharing conditions she said, yes you can keep you have the parking space in the front the backyard and bath and kitchen no share but upon signing the lease

because our lease was ending at another plays by april 1st; right? so march 30th we came to sign when we came to sign ms. lilly told his that we have to share only the bathroom temporarily until her room was finished so we said we made sure it was only the bathroom we noticed temporarily and thought she was kind enough to build here own room so we let the bathroom go >> were you there during the construction. >> yes. >> do you share high light what happened with the situation. >> i'm sure the room was being built pretty quick like the first two months they took out

the washer and drier they were trying to get the plumbing ready for the bathroom and kitchen. >> all right. thank you very much. >> okay. >> thank you okay is there any additional public comment seeing none, no other public comment ms. mar you have 3 minutes and the other lady 3 minutes afterward and the whole reason i went to the rent board ways this lady served me with a notice that said i didn't paying pay my rent in jy and i had to pay another deposit this is not right that's when i started my case with the rent board she responded to that with okay already i hadn't signed the

first lease so she you turned around and said move down there it's a temporary situation a storage unit i said no, we finished outer the first lease with a hundred dollar addendum she got almost physically confronttional and that case has been closed. >> so to be truthful about the whole situation i never talked the kitchen it was promised to me she asked bob to add a new bath someone figured out lynn needed to go she could going get more money for the ro