this is a condition so you have just simply denied the amendment of the condition i don't think the prohibition of the years is really. >> actually - >> in play when we are talking about him coming to you, in fact with a change of condition you said no which is in our right to do that but i don't think he now is barred from coming back to you in summary. >> he can come back. >> he can reapply and come back whatever. >> i hope he comes back because i'm sure we'll be up there watching and driving by the restaurant more. >> to say to you guys if you're able to reach out to your neighbors and do proactively

community outreach show us you can work with folks in advance of those hamburger i tinting intend to get the community feedback and put in the time and energy and effort neighbors to neighborhoods it is going to reflect better. >> it is meaning talking about with what you plan on impacting the neighborhood okay. >> sorry we can't talk anywhere i recommend you work with officer torres to see how you know kind of work with the police especially around the issues of the - so we are going to move on we don't have any more time to discuss that item 78 a hearing on a rule change all the commissioners received coordinates over e-mail it is fairly mosaic active cleaning up

up the language and words that needed to be cleaned up. >> for the purposes of being clear with record there's. >> memorandum on page dated the second of february there is a draft a clean what we're calling a clean draft of the rules and the red line version showing the changes that were requesting that you approve tonight for again, the rolls and procedures for the rules of entertainment the extended hours and limited live performance permits simply put since 2007 when is the last time those rules were in front of the commission there's been 3 changes to the code sections we work windfall tax police code one 09 that was fairly steven

and refined and processes for the permit extensionss another in 2010 to expand the grounds for revocation and lastly in 2011 to create this new thing called the live performance permit the code the police code the sections 1060 and 70 are our bicycle those rules promulgate more in a specific way how the commission precedes in terms of hearings when someone comes in front of you to you know be suspended or revoked and so those steps you take are outlined in those rules and in 2007 maintains in 2015 they

didn't so the clean version in front of you simply makes the changes so they reflect what the sections in the code say and i'm asking kindly that we approve those. >> thanks for putting that out and cleaning up up house. >> so commissioners are are there are clarifying questions it is pretty straightforward any comments on this. >> comments thanks for the work reading it was kind of i imagine you trying to write it. >> you can they can our st. >> i want to make a motion to approve those changes. >> moved and seconded is there public comment i was sometimes

i forget that no public comment public comment is closed. >> let's take a vote. >> commissioner perez commissioner moshoyannis commissioner joseph commissioner lee commissioner frost commissioner tan and the motion passes we're going to move on to item 8 commissioner questions or comments this is a free-for-all commissioner joseph. >> i'd like to take this time to offer a closing this meeting in memory of eddy bell cookie dough cookie dough was an iconic san francisco person who spends his time not only entertaining people in san francisco but raising money for charity and other causes

eddy passed and i away this past thursday in port authority advert they're still raising money at go fund me to cover expenses he died in port authority 51 art they have to bring his body bank serves on march 4 to once again i'd like to adjourn this meeting known to us as cookie dough. >> thank you commissioners other comments? all right. any public comment on this lovely memorial meeting no our final thing any new business items item 9 agenda for march third or future dates >> commissioner.

>> i want to tell you march second at the regency it is the cocktail the show starts at 7:30 and you can begin with a party that is nor the public as well you can buy our ticket at 90 awards.org see you then no agenda items if i have any let us know any public comment no one that means our meeting is adjourned have a again night

>> 7 and a half million renovation is part of the clean and safe neighbor's park fund which was on the ballot four years ago and look at how that public investment has transformed our neighborhood. >> the playground is unique in that it serves a number of age groups, unlike many of the other properties, it serves small children with the children's play grounds and clubhouses that has basketball courts, it has an outdoor soccer field and so there were a lot of people that came to the table that had their wish list and we did our best to make sure that we kind of divided up spaces and made sure that we kept the old features of the playground but we were able to enhance all of those features.

>> the playground and the soccer field and the tennis fields and it is such a key part of this neighborhood. >> we want kids to be here. we want families to be here and we want people to have athletic opportunities. >> we are given a real responsibility to insure that the public's money is used appropriately and that something really special comes of these projects. we generally have about an opportunity every 50 years to redo these spaces. and it is really really rewarding to see children and

families benefit, you know, from the change of culture, at each one of these properties >> and as a result of, what you see behind us, more kids are playing on our soccer fields than ever before. we have more girls playing sports than we have ever had before. [ applause ] fp >> and we are sending a strong message that san francisco families are welcome and we want you to stay. >> this park is open. ♪.

>> good evening and welcome to the february 18, 2015 meeting san francisco board of appeals we're presided over by ann lsd and commissioner fung and

commissioner wilson still a vacancy when there's a vacancies the board may overrule the action by a vote of 34 rotates are not required the city attorney will provide the board with advise i'm cynthia goldstein the boards executive director and joined by joe duffy representing the department of building inspection mr. pacheco if you could go over the please be advised the ringing of and use of cell phones and other electronic devices are prohibited. appellant and representatives each have 7 minutes to present their cases and 3 minutes for comments and minutes, members of the public are asked, not required to

submit a speaker card or business card to the clerk. speaker cards and pens are available on the left side of the podium. the board welcomes your comments. there are customer satisfaction forms available. if you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. this meeting is broadcast live on sfgovtv cable channel directly from sfgovtv. thank you for you attention. we'll conduct our swearing in process. if you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i may speak without taking the oath pursuant to the sunshine ordinance, and thank you. we'll conduct our swearing in process if you wish to have the board give everyday weigh please

stand and say i do the oath pursuant to the sunshine ordinance, and thank you. do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> thank you thank you, commissioners two housekeeping items the two appeals on agenda 5 and 6 have been withdrawn this is regarding a street improvement permit and appeal number 14 regarding an alteration permit so those matters will not be heard item number one general public comment don't anyone wish to speak on items not on tonight calendar. >> item 3 is the boards consideration of the minutes for the february 11th meeting.

>> additions, deletions, or changes delegations a number of instances the vote should be adjusted for the notion absent is zero. >> off you're right i apologize in three or four places. >> yes. i'll correct those. >> and with those corrections move to adaptation. >> any public comment on item the minutes? seeing none mr. pacheco >> there's a motion on the floor tb commissioner fung to adopt the february 11, 2015, amendments on that motion commissioner president lazarus commissioner honda commissioner wilson thank you the vote is 4 to zero the minutes are adapted. >> item number 4 is a rehearing

subject property on baltimore way we've received a letter from the appellants requesting a rehearing of a property decided on january 28th at that time the board vote do to uphold the permit the permit holder is tiffany and the project is comply with the condition legalized bathroom we'll start with the requesters. >> good evening, commissioners so before i start, i have two exhibits i'm going to be oh, sorry i'm courtney brown a law student and we represent the tenants so before i start with the argument i have two exhibits

that i'm going to be discussing and i have actual copies in the board would like them. >> can you tell us. >> one is a one page memo from a mrmger who inspected the property and one is the bathroom being discussed that was taken by the plumber. >> is the permit holder seen either one of those of you want to use the pictures during your presentation that's fine but not certain i want the other without the permit holder. >> i'll put them up on the screen. >> so tonight we're requesting a rehearing because new facts become available during the appeal specifically during the appeal hearing on january 28th

percent the permit holder in her rebuttal said she'll be willing to restore the bathrooms if it is 2k3wr5rg9d in it was her representation she wanted to never put the bombards in again and also represented the reason that the bathroom was not legalized because she would have to put and build an additional to the bathroom to have the space that's required for the sink the toilet and the shower stall we had a plumber come in and his naimsz name craig. >> overhead. >> so he inspected the bathroom

and as you can see here he discussed each the toilet the sink and the shower stall so the toilet requires a certain amount of space around that specifically in front of the toilet and when he inspected even though the toilet and sink were noted in the bathroom he measured and was able to determine there was adequate space without addition needed to the bathroom and thens is a manifest in justice removing someone's bathroom especially a family of 6 that is left with only one bathroom is creating intolerable conditions

in any circumstance especially for this family that has two people that are diabetic so those are pictures of the bathroom and as you can see it's an actual bathroom we're not talking about a small space there is adequate space in this bathroom for everything to be under so we're requesting a rehearing so the plumber can come in and discuss more about his findings that's all i have for you. >> thank you. >> thank you. >> okay. ma'am you have 3 minutes as well. >> hi i'm tiffany i thought there were rules on submittal of exhibits i did not get to review their exhibit i

couldn't read it not guilty in the plumber is reputable the plumb i had come out is licensed and with a great reputation when the shower doors on and the toilet in the space that was in there was not enough clearance that's that. >> i don't understand how? why? they're asking for an appeal board unanimously voted to keep the permit in its current it uphold the permit i don't understand why we're here and if dbi or the board of appeals has the ability to grandfather the bathroom in i'll put a fixture toilet and sink

back in there whether or not we have an additional one plump swais says one thing and another plump another thing i know there's a pipe i feel like when you on the walls there's a huge with unforeseen unpermitted and illegal issues if i was to legalize the bathroom it will cost me on amount of money i don't have that in my budget that's the bottom line i did not take the bathroom out to disrupt their lives they made a complaint that's all i have to say thank you. >> ma'am the question is while the tenant appeals go through

their course are you willing to put this bathroom back in as is. >> i'm only willing to put the bathroom in if i'm not required to take it out i've paid a plumber one hundred and writing to dollars oakland army base an hour to take it out i'm not in a position to put it back in and take it out in 3 months thank you. >> mr. duffy anything? >> good evening, commissioners joe duffy dbi i don't have too much to add on this question our notice of violation gives people the option to legalize or remove that's what this one g did to

legalize or revert back to the use i don't see my plans to show you how it could beleaguer listed maybe there's some part could be legal and the photographs show you some space in there but we do give people the option i choose to remove it maybe it can beleaguer listed i don't have enough information we only give out the codes and let people to design to meet the code the grandfathering maybe something we can use but dbi can't do that it has to meet code maybe a way to legalize if. >> can you i'm sorry are you finished refresh our memory on the nov it was for an

unpermitted bathroom or because the clarence's were not appropriate and the notice of violation was for a final inspection for the rear deck that is still to be dealt with we give them the permit to remove the deck under a separate permit and. >> second bathroom was constructed without the benefits of a permit and permits failed to produce eliminates to alternate or remodel this building to its present configuration i made a copy and to apply to legalize the current codes and revert it back to the legal use to answer your questions the the shortcomings or the code so - and okay. no

members of the public so commissioners the matter is submitted or other members of the public. >> i think the evidence presented this evening was the same evidence presented at the last hearing the standards for rehearing are clear and the manifest has to be proven on a personal level 8 persons living in a bathroom is just i grew up in a family of 9 with one bath so i'll deny personally. >> i'm not quite of same opinion of the bathrooms that's okay. that's a personal thing i think we've gone through the process and you know it may have

been better for them to include it as part of their negotiations in terms of the tenant fees, however, i don't see any reason to rehear this case. >> go ahead. >> motion to deny the appeal for rehearing on the grounds that what would be the grounds. >> you don't have to restate only deny it. >> there's a motion from the investing on the floor to deny this rehearing request commissioner fung commissioner president lazarus commissioner wilson thank you the vote is 4 to zero it rehearing request is denied.

>> okay. thank you commissioners the last item on your calendar is our consideration of the budget proposals for fiscal year 2016-2017 and we have it on calendar tonight because the city law requires we submit our budget to the mayor this time in february we need to do that in february i want to give you an update and dpoefr the proposal that is pretty self-assured for the next couple of years if you look at the materials you were given on the third and fourth piemgz the grafts are pretty familiar they're similar in the annual report the first one is 9 revenue budget and give us a picture of where the revenues come from. >> we're saving money together. >> and we appreciate the city

attorney by leaving the room and saving us money thank you. >> see you next week. >> so we have the surcharges that represents 95 percent and the next package is the funding this is the same pie chart where 2/3rd's of our expenditures go to cover the salaries and 19 percent for the city attorney and outlet work orders with other departments and then. >> - >> we're losing our evening. >> this is the most people we've ever had (laughter). >> but on the next page page 5 you'll find it a little bit more interesting something new that chart is not new with the appeal but we're projecting for the

upcoming fiscal year last year, we have a slight in the appeal volume and went below the average number of appeals for the first time in about 5 years but it looks like the appeal is down again, i think that perhaps last year's spike was less to do with the comforted economy and the apt apt appeals that increased our numbers we're back to the fiscal year 2013 rate. >> have you done the calculation. >> it's 41 so to the same one hundred and 60 something appeals per year but if we keep on going we'll be back to one hundred and 60 something okay. so moving and