. >> good morning today is is january 21, 2015 this is the regular meeting of the abatement appeal board i'd like to remind everyone to turn off electronic devise. >> commissioner clinch commissioner melgar president mccarthy commissioner mar commissioner lee commissioner mccray commissioner walker we have quorum and the next item is item b the oath we'll all parts giving testimony today please stand and raise your right hand

do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? to the best of our knowledge thank you you may be seated next the minutes approval of minutes discussion and possible action to adapt the minutes for november 19, 2014. >> move to approve. >> second. >> we have a motion and a second any public comment on item the minutes? seeing none all commissioners in favor >> any opposed the minutes are approved item d continued appeal order of abatement case central avenue owner of record of appellant action requested continued stay of order of abatement to allow the owner time to abate

violations. >> good afternoon, members of the board chief housing inspector i'm happy to novice the board since our november 19th meeting to give the property owners additional time to work under the abatement program that a comprehensive scope of work has bin delineated that's the last 16 packages of our staff report and our understanding the property owner is getting very close to signing that particular contract when the work comprehends it will definitely cover the scope of work even more repairs than that that's delineated in the notice of violation before you the report indicates once work comprehends it should be done in 15 days with respect with respect to the execution of the contract mrs. lobe is here i'll

defer to let her talk about that she sent us copies an e-mail on friday indicating claim was a couple of items discussed with the mayor's office of housing but to expedite r execute that contract with that i have no other information unless you have questions. >> through the chair. >> commissioner walker. >> any sense of a timeframe assuming those scope of work is accepted how long to implement and finish the work. >> the contract indicates that once work comprehends it will be done within 15 days when its commenced i'm not sure it depends on obviously the subsequent to the execution of the contract perhaps ms. lobe has more information from the

mayor's office of housing when the contractor can start once that process has occurred that's the information at this point and it's 15 days to do the actual work. >> yes. it is rather than extensive it is the last 16 pages at the end of our staff report delineates particulars including the qualifications of the contractor keeping the site secure, what specifically will be done the materials etc. i understand is standard for this process >> commissioner melgar you i want to express the appreciation rosemary going above and beyond. >> second that. >> i do want to commend mrs. lobe for staying the course this has not been an easy process for her. >> thank you. >> ms. lobe you have 7 minutes

if you like. >> well, i think rosemaryy boss take care of what is the happened from any point of view i've been in contact with the mayor's office of housing abatement whatever there were issues i just wanted to clarify i wasn't holding up anything on the contract i want to clarify on the history i wanted to make sure that nothing can go wrong this time that's all and it will probably be signed this week or next week anytime is fine with me i've novice people that are with me anytime we'll be doing

it and their fine with it so sort of up to the contractor after we sign the papers when he has time or whatever it takes to do i'm ready i haven't notified any neighbors yet but i will it's a house like our houses 2, 3, 4 san francisco you know there's no access so i have to get the coordination of my neighbors to bring in the scaffolds to the back of the house i haven't done that without signing the contract but other than i know they're not going to be unhappy the contractor was asking me is there a problem i said absolutely not they'll be celebrating that's it as soon as wire ready i'm ready i wanted to thank rosemaryy and her crew and

the mayor's office of housing and those who else has been helping me to get this smooth it's not been easy just to say the at least and part of it is what they called complaint driven so in order for people to drive me crazy guess there's one less thing on my plate that's it as soon as it could be done it if it takes longer we know that contractors don't get paid i don't think there will be a problem there. >> any questions for ms. lobe commissioner walker. >> thank you, again, for going through this and so you're okay with the contractor you're going to sign the paperwork as soon as you can make an appointment. >> yes. and . >> and as soon as as the

contractor any indication of any schedule. >> i don't have anything to do they have people come over and other than their name i haven't peppering met with them there were 5 of them i have no idea with which one was itch it's up to the contractor manager. >> you're okay with. >> absolutely i've had more than my share of contractors that wanted to rip me off so - >> any indication a long delay. >> no. i don't think so it's my understanding because of the nature of the job they want to get paid so all of that motivation they don't have anything to do with me but i'm good with it and appreciate the

assistance in having someone else manage the job it's not easy having an old how is it didn't look great over the years i've had a lot of the contractors not want to do the work it was hard and they knew i wasn't a millionaire to be honest, i have a list of people that would not bother including the roofers so to get a manager to death penalty deal with those people is a blessing yeah. >> thank you that's it. >> rose marry do you have moisten to add what is the next step you preserve. >> well, the next step to give her sufficient time to get this done i'll say 60 days at that

that's reasonable because the contractor got to get out once the work commences for them to execute the contract and commence by the time we get back in the meeting for two months talk about the work that's done. >> commissioner walker. >> what's the status of any fees that are associated with this. >> i would have to look i think we work with her given the situations to see our fees there are about $2,000 we'll work on that. >> so the action we can take to uphold the order of abatement give her 60 days. >> it will be similar to the action as last time. >> great. >> thank you. >> you're welcome. >> ms. lobe do you want to come up and say anything else there's

a 3 minute rebuttal you don't have to okay. thank you. >> you commissioner walker do you want to make a motion. >> let's do public comment. >> any public comment on this seeing none. >> i would like to i believe we did we discontinue last time or. >> held on abatement you would be - >> we upheld the order. >> upheld the abstinence. >> so i'd like to amend our previous order of abatement to accommodate is additional 60 day or holding an awe bins with an additional 60 day to our march 60 days from today we get an update at our february meeting.

>> march. >> march no february. >> we would like to get an update in february. >> an update yeah. >> i second. >> would that be a instead of update. >> just tlults a staff update so he know what's happening there's a motion and second. >> rose mary and i anticipate the commission wants me to update you so when the contract has been executed i'll be more than happy to do that. >> thank you commissioner walker i think - >> there's a motion and second i'll do the roll call vote. >> commissioner clinch

commissioner melgar president mccarthy commissioner mar commissioner lee commissioner mccray commissioner walker that motion carries unanimously item 2 case 11 marina boulevard appellant and person of record action requested by appellant reserve the order of abatement or grant a 10 year moratorium under the section of the san francisco building code. >> morning from the department 4 one one boulevard is a use for

installation of a second kitchen on the ground floor abatement was issued on may 21st of last year we don't see any permits that will deal with the violation therefore staff represents to uphold the abatement and goes an assessment of costs that concludes my report. >> i have a question is it right. i read the letter that the attorneys wrote this is not allowed by planning that the second kitchen is not allowed is there an issue about permitting it if it's not allowed by planning. >> it's i would say with recent changes to the code it could be possible to legalize it. >> commissioner walker. >> are there 0 any safety issues involved with this at

this junction i mean it's not really a second unit correct it's more of a man. >> any breach of the code until we can verify it is assumed it's a second. >> has the department been there to inspector the department is aware of it has the department been inside. >> not inside since the notice of violation was issued commissioner walker. >> has there i mean, i know it's kind of a complicated situation but maybe we could get our housing folks in just to assist a little bit in a pass forward like we do if it's a

tenant in a second unit kind of thing our code enforcement outreach folks as a way to try and find a path forward on this i have issues if there's a safety issue egresses that but it's not really a second unit. >> no. >> it's kind of one of the complicated situations. >> i have a question at the time. >> commissioner mccray. >> at this time in which this kitchen was added what was the nature of the cold then what were they trying to do or evade. >> there would be less opportunity inform legalize it back then as it is now. >> because a there's been a

weak legislation making it more attractive to legalize other unit. >> through the chair commissioner mccray. >> there's some a tenant lives in this unit now. >> my understanding is that it's a family member. >> yeah, it's relation and in fairness that when it's a family member it's - and less controversial than when it's allowed but authenticity not really from a code perspective. >> commissioner lee. >> what would it take to make that unit or that space area a legal unit is it possible? one of the major issues could be headroom but if no issues where

headroom it's likely it may not be that difficult but >> we will hear in the appellant shortly it's not a separate unit only another room within the building the house with the kitchen so we'll hear from the appellant but that's the part that is city of chicago in my brain it's giving me well, let's hear from the appellant through the chair. >> so the original complaint you don't know where it came from. >> i'm assuming a neighbor. >> a neighbor and there been any other complaints since this one. >> no. >> deputy just as a point of order would be in a case like this i think we're all trying to come to the same conclusion could it be okay to send someone

out. >> we'll recommend a inspector to survey the unit i have seen a couple of permits in my time in the department where they allowed for someone who was immovable to have a union others ground floor that's what the section discuses. >> it's a temporary thing. >> and also i think we're getting cover with the new legislation the commissioner was saying it gives us that opportunity to give a little bit here and give it is an opportunity to legalize it. >> this deadly with the temporary use of a building i believe is not allowed with the senior inspector is talking about the new legislation passed

by consulting to have a single-family unit in different buildings. >> this is my comment. >> commissioner walker thank you. >> and isn't interest a process that brings in outside advisors with the secondary unit isn't. >> for a secondary unit you'll have a designer to draw a floor ban planning but the leg shin of a floor plan. >> but the same process so we don't get involved if there are issues then we know about. >> the couple i've seen the planning house was granted this temporary use if you show cause someone is not feeling well and the stairs is a problem for them to navigate i've seen it not often but a cough.

>> i guess the other thing it is safe to occupy if it's current fashion. >> i think that's a good idea to send an inspector anti. >> through the chair we've only had one issue here the kitchen there isn't more issues safety wise that's another concern i'll concur if to the acceptable to all parties that's the road to go that route. >> commissioner mar. >> before we continue this discussion hear from the chair. >> so is the appellant here? >> good afternoon, commissioners john i'm with the law firm with rubbing benefit and rose with the property owner we appreciate the turns that was granted last month how far how this unit it was created in the

early 1990s at the time an ill relative of a previous owner since then or extended family since then mr. phillips moved into the building the downstairs harassed been 0u79d by itself 75-year-old grandmother for seven years basically, their trying to safeguard that space what's happened between the time we filled the appeal commissioner president wu's legalization legislation passed this officers one routed numerous of how to deal what the unit prior to that we were going to speak about the moratorium allowed for in the building code a situation when you have a disabled or elderly folks in the room we since the continuance last

month we've engaged an architect and working on the analysis for the legalization of the unit it looks like a good candidate and has several of you mentioned it's not ann a unit that was created outside a dwelling unit only that a kitchen has been installed into so should the commission like us to go in the directions of legal listing the unit we'll hope to be granted a continuance today and be able to get the application on file and at this point the legalization ordinance puts the appeals process on hold until the completion of that and assuming we continue to the end the appeal gets dropped we're on to the commission if it was felt the moratorium was more appropriate it is a zoning district that typically allows

one unit but because of the ordinance we can increase it to two this unit was in existence prior to 2013 we want to get this resolved in a way that keeps mrs. williams mother in a space downstairs and defer to the commission which way they prefer we go. >> commissioner walker. >> thank you. i think that at this junk you are which way you want to go. >> that's not our position your telling us which way to approach it. >> the leg shin process is interesting there's been a number of applications it's not been really a planning issue with those cases but planning recognizes if it's been in existence since 2013 what

happens the building code getting the unit consist with the building code in many cases can be challenging for mr. phillips prospective the moratorium would be better it keeps the united in place like 20 years and again it's outline one existing unit just a kitchen was instead of in the basement level we'll stick with the moratorium and revisit that when the moratorium ends so that will be your preference. >> commissioner mar do you have a question. >> no, i was going to echo the previous commissioners that it is really up to the property owner to decide this way to go your main concern we'll be on to extending the time whichever way you go precede by getting the permits and getting them

legalize for the handicap or the elderly family member for a separate unit that's totally up to the prove or disprove so in the application the plan get a designer and the state decides do it this way our concerns w you precede if we can justify it if we hold ♪ awe abstinence >> commiserates. >> this is to our city attorney what's the process for allowing a moratorium i'm familiar with that. >> the appellant as requested a moratorium pursuant to the hard of hearing that's 105.3 so you have to make the findings no series of hazards that goes to having an inspector go out there and looking at the status you have to make the specific

finding those conditions do not exist and based on those finding you can grant the moratorium that's what the provision is. >> it would be when we take an action out in the abatement itself and we vote a moratorium on that. >> commissioner melgar. >> just a followup question do we have this signed by a financial hardship as well. >> the other purviews goes to displacement in the appellant wants to move pursuant to that one there's more clear material the financial hardship. >> i have to say that you know we have to uphold the code that being said i hate being put in this position i feel like our

planning code is lacking in a lot of the way that people live today and being if a cultural where we have our elderly folks live with us like many many folks in san francisco of you know latino and african-american it is terrible that our code and allow for something like this so there is you know a way to make sure that it is safe without having to legalize the entire unit we don't have a way right now so i guess you have to choose which way you want to chose i want that on the record people have all sorts of family structures and there is different ways that people live and can be safe. >> president mccarthy. >> through the chair this is more the city attorney

i kind of concur with the commissioner which is the best path the new legislation gives us the cover we need to kind of put this violation on hold; right? and there's no more believable of fees and so on so they can take the path of legalizing the path; right? rather than the hardship legislation >> once they start that process it puts a stay in terms of the owners of violation. >> that kind of gives us legally we can say okay. this we can put things on hold awhile i take that route if we take the hardship roanoke, virginia route we'll- would that be correct as far as putting it on hold would that be; correct. >> assuming they go forward with the process it puts a stay

on this process. >> yeah. >> but then up to the board to call the case again to get a status and decide for example that didn't workout you have a notice i have violation to address. >> yeah. but a awe cutting-edge the fees are awe including. >> i'm not sure. >> commissioner walker let me get clear having a room in the basement is not the problem it's the stove in the room downstairs. >> i believe they're all in the room downstairs according to the speaker but they put a kitchen down there. >> is it not legal to have two kitchens in a house when if i have a barbecue in the back. >> well, it's not illegal you can put a second kitchen if you put a