whether he record or used discretion at this point, i'm prepared to uphold both permits. >> as am i. >> a motion. >> move to uphold i'll do it separately ma'am. >> okay. >> the first appeal is related to the minor encroachment permitted issued by dbi i move we uphold that permit on the base it's code compliant and on the release of the suspension i would uphold the release of the suspense on the basis the da did not error or use it's

discretion. >> thank you very much. >> we have a motion from commissioner fung to uphold the minor encroachment sidewalk issued by the dpw on the basis it's code compliant and further motion to uphold others request for hold of suspension that the zoning administrator doesn't error in or use it's discretion and this motion on both commissioner president lazarus. >> commissioner honda. >> and commissioner wilson. >> thank you the vote is 4 to zero the dbi permit is upheld and the other upheld thank you. >> we're going to take a short break

break. >> welcome back to the january 14, 2015, meeting of is it fair to say we do appreciate everyone's patience we're going to call one other item before the item you think most of you are here for item 10 the scott and jean new vs. the building inspection protesting the owners on october 10th jermaine of avenue alternative to replace a dinger at second floor a 3 bedroom and four became and again an overflow room for more often that can't find a seat we'll start with the appellant

appellants attorney. >> thank you commissioner president lazarus and members of the board i appreciate our consideration of the schedule as well in the strange one this is a what i'm calling the missed try onion 5th district avenue this is the depiction of the retaining residence at issue that is unclear to the neighboring neighbors what's been done and planned this locates 0 fates i what's been done without permit we're here to get clarity and get the board to look at the retains and make sure it is being done if complaisance or appliance with city code this is a chart

thought how do he get that - so let's neighborhoods have been given a series of plans about this project all of which railroad combirm inner consistent first of all the san francisco assessor says this is one bedroom and the one abruptly then the nsaids neighbors were given planned of may of 2014 it has 16 rooms and four bathrooms and 6 bedrooms and numbers on different floors those numbers are completely different from the planned that are given to the neighbors in september different than the plans in november all of which arrest depiblth the existing conditions so to just illustrate that give you won example i have a handout

of mr. pacheco this is just an illustration of the november plan versus the september plan for one floor so i can show you the difference. >> why not put them on the overload. >> in may of 2014 the neighbors were given this supposing the existing 3 read floor a businessman and bedroom here and here and the sunroof the architects met with the neighbors that pretty good the conditions 3 bedrooms and an observation one half bathed this is become a total supposedly showing the existing locates if that's not enough who is the permit holder here in january of 2014 the current owners bought the property from m h land and m

h lamp passed away after selling the proposed in 2014 when the neighbors saw the work was done out other scope they've replied for additional work and filed under the disease owner they described twhaerp doing and the planned were to create a boarding housing authority house what a proposed condition on the plans i've summit the neighbors submitted in a brief of 22 rooms and 7 bramdz and 11 bedrooms and if that's not enough what about the kitchen the existing condition talks about 3 kitchens tlvr there's never been a permit

to add a kitchen the plans that the stay has been file shows one kitchen and how they got 3 kitchens and never a permit to rove the kitchens we find out today, the 3 r report in 1974 it was made into a duplex both a two family retains that's why there are multiple kitchens no plan to merge it back into its original condition so something has some sanity has to be brought to the process what the neighbors want i'll have scott ellis who is directly effected

not allowing further work to be down gill there's accurate plans and the department of building inspection has a chance to inspect the conditions and the non permitted cans or conditions if work is to be done in the future a consolidated plan mr. pacheco obviously a boarding house is not permitted in an rh2 neighborhood so there are we're going to be many more neighbors here tonight they did not come from we didn't royals there was a submission by the permit holder and we didn't think the permit holder was going to be here but you have letters and petitions from those others. >> good evening commissioner president lazarus and members of

the board islands is scott ellis the appellant in this proceedings along with my wife jean in any was not able to attend i will with my wife and two tallest on fifth avenue next door to the property we've lived in the home for almost seven years and 0 moved in before any oldest daughter was born wisp excited at the chance to stay in the city and thrilled to find a way to stay here we were initially looking forward to having a new neighbor and doing some of the improvements that are much needed at the property next door we're as we've learned about the new owners plans we've been increasing concerned each stuff like that step about putting in

an illegal boarding house asia floor plans with several bedrooms and bathrooms very have you this as an unsafe condition. >> we'll hear from permit holder now. >> hi evening everyone i will- also the only thing i am not good at english so hard to understand i'll try my best to explain exactly what is gomg in

my house okay my name is tony sorry okay tony the son of the owner okay so, yeah we purchased the house. >> and then we've followed the rebuttals about what the government assigned for us for example, in the plan we tried to condition our apartment so we submitted the location being the construction about the basement we added two rooms up there and therefore the government approved it we started the construction also when we see the how is it is in poor condition we try to do the remodeling of the second and third floors abused we only came here for four years we barley know the laws especially in san

francisco we don't know the laws but after our neighbor exclaimed about our conduct to the inspector come over to look at our house we released even though we're remodeling we need a permit therefore we go and the second day i believe in october 12th of 112014 we got the permit for the remodeling we make it up do everything the government want us to do and about the rooms actually not that crazy we only have 7 rooms out of the expansion and at that part is because our architect made a mistake on the revocation hamburger he said he brought a

draft instead of the lead plan on the hearing to the confused people we're going to have 11 rooms i forget how many bathroom we're not really to to rent our house away this is the first time we purchased a house in san francisco it's hard for an immigrant to do you know we hard working here we try to chief the american dreams and partially because we got a job and studying here and have a house and we are not going to make profit on house we're trying to move in with a new life and certainly love to make good with our neighbors there's got to be misunderstanding between them i'm saying our like to explain

to them in my condition yeah. >> i don't know what to say sorry. >> your dissolution fine roanoke you're doing fine. >> and yeah. i want to say that after i read the letters all the concerns from the neighborhoods peer or we're not going to rent the house away and have that many rooms i'm a eternal you know i'm 21 so i don't actually, i'm going to get married and have a sits in china and so moved someday she might come here i've got 3 levels of a house which means i needing need that many rooms for any sons and city's my grandmother come to visit us yeah, it's not that terrible you know thank you. >> thank you you did fine.

>> i have questions. >> go ahead. >> when you say 7 rooms you mean 7 bedrooms. >> in the whole thing. >> let me finish the question our existing plans shows more than 7 rooms right. >> it's exactly the plan it is exactly what it looks like on my house the structure of the plan is just like my house i didn't changed anything from it. >> we'll tale with that through the building plan. >> so when the gentleman before was showing two different plans were those your plans. >> no baungs what i didn't attend the meeting. >> you i did not but but i got a representative on that day do you want to talk to him.

>> one more question. >> yeah. and have you had conversations with the neighbors. >> yeah. we do. >> is that what you try to do. >> they were really kind my house is used for single houses i'm not allowed to rent and after we understand that's the language we don't want to break the law you know okay. so that's all thank you. >> thank you mr. duffy good evening, commissioners joe president fewer i didn't from beginning the building permit that's under appeal was filed on

october 20, 2013, and got issued on the tenth of october and got issued and appealed on the 24th of october 2014 the description of work is remodeling the kitchen on the second floor and replace the fortune a dinger and living room exist one bedroom on second floor 3 bathrooms and 3 bedrooms third floor it's valuable i don't see the approved plans i'm not sure what was knapp the appellants came to see me with questions about the building permit prosecute the hearing we did do research on the building but in that conversation one of the things we came up with the building permit under appropriately appeal is a one story dwem

there's a certificate of final completion if i having could have the overhead i'll turn it up the other way here so the certificate of final completion was the alternatives inform to comply and that was signed off on 3, 16, 1979 got it down as the number of apartment tatted it was a two apartment dwenl now, it's simpleminded at a single-family dwelling that's a red flag and obviously there's is also pretty good evidence this was a two single-family

dwelling and that's a single-family unit so we'll have to looked at both that that's one item this is a potential problem with and the appellants brought up the question about the boarding house in the current residents and renting out rooms that's difficult and the building inspection to establish we take the permits on the merit if someone called it a single-family home but i'll warn the permit holders if they goat both to scenario that's right enforcement in the city with the building inspection or housing inspection home it came back get tricky i'm available for questions there but there are

issues with the permit. >> the problem you don't have the plans here you never looked at them. >> no. >> the set of drawings a - are smeefkd. >> i had the same concerned as well councilmember bonin one other thing you have the city on the property profile we look at the buildings are 7 rooms and one abruptly and started at a single-family home as well but certainly i don't know how far they got into construction and between the time the permit got issued to the time it got suspended a lot of times it's difficult for the believable to godfather go out there we don't know so unless they've not

started conduct by all means we can determine it and have them submit the proper plans i don't know how far along they are. >> the issue what the permit shows it's gone through our review. >> yes. >> those drawings we've seen here you know there's one bedroom with no exposure. >> there are issues with that building permit. >> so at this point you'll set up a site visit to verify that. >> i can arrange that. >> evidently tdr conflict with the attachment i. >> in the brief they've

mentioned ss f r it is with the board of realtor there's maybe an indication of photos that it looked at when the last transportation was oh, with the roofs. >> that may not be helpful as well. >> maybe it is continued or denied i'm not sure there are definitely potential issues for this home permit and inner consistent about the records the multi dwelling units that is that building is legally a two unit building and now a single-family home to lose it unit you'll have to go through the building inspection process for that it is something we could do you can if that's the case it would be a notice of

violation. >> there's a lot of sorting out. >> it could stay aitsz as two units. >> yeah. it could. >> all right. we'll give it some thought. >> mr. sanchez. >> thank you scott sanchez planning staff given the scope of work that was stated it was not part of the planning department but how have we have serious concerns about the permit that was issued has been stated the report issued at the time the building was sold it's a requirement that's provided to the party involved in the translation it was illegal a two unit building now they're saying this is a single-family home we have concerned about the rent

control and while it requires a conditional use authorization and would have a limit of 7 bedrooms so we do know what was proposed but the underlying permit has serious flaws and their permit shows a single-family home i'll be informing the staff about it tomorrow to look at this thing but your department will support a denial of the permit. >> any public comment on this item? please step forward. >> hi i live on the other side of the building and am raising my family there i said to raids my hands i have a lot of neighbors standing

behind me with over one hundred signatures we're very concerned we were weren't when constricts targeted but at the preapplication meeting no one economy about it i literally ran out the door and met eric the architect and got the drawings was the first time we saw they had 11 bedrooms and simply bombards making micro apartment i went and concocted on the door and holy cow how is if f this happening this is when i said how big is this family and that's; right when derrick that's the first time i've heard the word boarding room that's how it happened supervisor breed

told you what to do and have the conversations with dbi and planning we don't know exactly where to go we don't want them to keep going we think the city need to get involved and unin between all of that there's no transparent all we want is a safe and wonderful neighborhood to raise our children in. >> how long have i lived on the block. >> for over seven years. >> did you see did property come to sale. >> they sold it off market way way below. >> so there of the no on house. >> no. >> you never got to see inside the property. >> when i went in to see sandy i've been in the house before and when i had to go into the backyard to get my sons ball.

>> but in some portions the house. >> so, yes. >> maybe you can have a conversation with the department. >> i've not been on the top floor but the bottom floors. >> other public comment please step forward. >> hi, i'm tommy means i live next door as well and i first heard of the boarding house issue from their aeblthd when we shared the plans with 11 bedrooms we become very concerned and we actually did reach out the owners of the house we asked to meet with them at the house and they refused to have a meeting with us at the anthony's house to show us what what we are doing and asked to meet them at the koecht he said

their financially constrained and the plan 41 to rent as many rooms out anothers possible those bedrooms will not have access to a kitchen and using hot plates and micro waves to cook their food there's a lack the transparent about the planned and you know the lack of transparent and the serial are sprooit that's been going on to do the worked obviously concerned us if they're operating outside of the permits that brings up a safest issue and the process are put in place for our safety we're thrilled about on top of i didn't being in the neighborhood and thrilled

will a about a family living we ask you on behalf of the neighbors and community that you did that this permit so that the city can inspects the premises and ask the comprehensive set of planned and move forward for the betterment of our community. >> next speaker aid good evening. i'm the designer for the property i only have with only comment. >> the time to speak is with the parties they'll have a few minutes of rebuttal is there any other members of the public that wishes to speak on this item. >> very quickly i think i see some of the confusion the

neighbors have this is not we the pain family will be great to have them in the neighborhood this is not an anti antenna let's fourth or fourth what's going on tony that their remodeling their basement but their remodeling the second and third floor and applied for a new permit in the name of the prior owner by none of them describe the existing situation and none of them talks about a 7 room unfortunately we don't have the insight if we had a realtor that was involved and shown