. >> good evening and welcome to the march 18, 2015 meeting of san francisco board of appeals the presiding officer is commissioner president lazarus and she's joined by our vice president commissioner vice president honda's and commissioner fung and commissioner wilson to my left is robert ryan the deputy city attorney and provides the board with advise at the board is mr. pacheco and i'm sdng the boards director we have departments with cases before the board scott sanchez is representing the planning

commission and planning department and explain if you would at this point go over the board guidelines and please be advised the ringing of and use of cell phones and other electronic devices are prohibited. out in the hallway. people affiliated with these parties must conclude their comments within 7 minutes, participants not affiliated 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 78. dvds are available to purchase directly from sfgovtv. thank you for your 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 do. please note: any of the members may speak without taking 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 mr. pacheco first item on the calendar is general public comment for people that wish to address the board within the jurisdiction not on this calendar is there any general public comment seeing none, the next item is commissioner questions or comments and commissioners? i'd like to monopolies i will be missing the meeting on april 15th. >> okay is there any other commissioner comments public comment open this item seeing none, the next item the boards consideration of the minutes from february 25, 2015.

>> additions, deletions, or changes delegation if not may i have a motion to approve. >> any public comment on the minutes seeing none mr. pacheco call the roll. >> on that motion from the vice president to adopt the february 25th, 2015, minutes. >> commissioner fung commissioner president lazarus and commissioner wilson thank you vote is 4 to zero those minutes are adopted. >> thank you item 4 a rehearing request at 2256, sixth avenue requesting a rehearing of appeal bell versus dbi decided on february 11th at this time the board voted with one vacancy with commissioner wilson absent to uphold the permit it was correctly issued

the pg is to asking for the capping of utilities at source please speak into the microphone tlshsz no issue about hearing this matter and start with the requester. >> thank you for hearing me this evening may i have the overhead the projector. >> great there was some question about what type of an apartment what i rented a studio apartment no assess to the upstairs it is a self-contained unit the law i'm asking for it says his obligations do not change based on anything in that law so the upstairs anothers 2256 i find is ironic they've remodeled the kitchen upstairs

removing an island and making an island out of the is to have area there's talking about their kitchen there's only one other person in there named daniel he doesn't have any significant - there are two empty berms that's plenty for people to move in this is the downstairs area to give you a rough idea we have my studio and neighbors studio and the shared kitchen stirs permit that we're talking about it would have - if he had checked correctly there was his desire he expressed a change in tenancy not only an illegal kitchen resulting from that that would - i was told been given an automatic holding by planning

they could investigate and find out the facts and situation and then precede it was early said they didn't have legal representation they have legal representation some very good attorneys and mr. flur at the scene law firm is the best in the city there was a question about whether the owner could had had owner move in i talked with the rent board and asked for a representative to be here they said i can't ask for that you, you can the owners for the members can move into the building commissioner fung the owners brother lives in the building and that they will only be able to evict for one unit for the owners use and occupancy so what is actual occupancy with

the - there. >> here's where they are currently his brother lives there and here's where the parents live the subsidized housing i hope mr. jennings would be here he 24re78d they have an agreement to kick me out but he'll be allowed to stay thank you for your time. >> thank you. >> okay. we can hear from the permit holder now council. >> good evening, commissioners we would obviously ask you oppose any decision to rehear this matter nothing new has been

present by the individual my clients are here a family of 7 their eager rehoping for the permit to be authorized to proceed with connecting a mistake that was made at the building a to although, my clients who properly rae shore the property to its legal status as the board heard my client want to use this for his child it requires a transition and we recognize that but we think the board properly ruled the last time no new facts that suggest that discussion should be made. >> do you care state your name for the record. >> any. okay

okay. >> hi my name is sonya chu i'm his mother. >> i'm sorry ma'am. >> his - >> excuse me. i'm sorry you're a family member of the permit holder so your time to speak will be which the holder speaks. >> my son is when he was getting this year. >> okay commissioners do you want to hear from her. >> my son. >> i believe there's time left my son is a very good boy two of my sons and husband and i need to support and permitted me because i really have time and then my son only get

together my second son is a dance teacher my husband is a patient and has diabetes and i need my son he's a good boy i really, really do. >> thank you. >> thank you. >> okay i got a question for the building inspection. >> mr. fern if you could step forward. >> good evening board members bernie department of building inspection and . >> has there been inspections on the proposed. >> not at this point in time

they've not done the work. >> did it constitute a two or three story family building. >> yes. >> the appellant has complained non-permit work done on the upper levels we've not seen that no complaints in that regard anyway. >> okay. back to public comment anyone how is not a family member of the parties who wish to speak okay. seeing none commissioners the matter is submitted. >> commissioners the presentation was quite different had an the brief but the brief was laying out the issues as to

whether manifested injustice occurred i don't find the information he provided to me was new information that needs to a determination of manifest determination and i believe the bar comments is quite clear not met in this particular case. >> okay. is there a motion? >> move to deny the rehearing request. >> okay. thank you mr. pacheco call the roll please. >> there's a motion on the floor from commissioner fung to deny the rehearing request on that motion to deny commissioner president lazarus commissioner vice president honda and commissioner wilson thank you the vote is 4 to zero it rehearing request is denied and

notice of decision shall be released. >> item 5, 6, 7 the subject property on bay street the board received a letter from 3 requesters asking for jurisdiction over an application which was issued on january 30th, 2015 by the department of building inspection appeal period ended up on february 20th and the jurisdiction was filed on february 26, 2015, the permit holder is johnson and maintain light safety systems and the notice of violation was a separation in common areas we'll start with the requesters. >> you have 3 minutes to present our case.

>> hello, i'm brandon levi. >> speak directly into the mike. >> sorry to bring more tenants matters to the board but the building was i think it taught i caught on fire in november beginning of december myself and tenants have lived there are since we're going to have to move out due to the construction we're happy to move out a number of tenants moved out but 4 unit are occupied and our issue if you read the dissolution we were never notified to leave during the construction the first notification i received a on february 25th to leave by february 28th they extended it a little bit i've talked to the tenant and they want to go through the san francisco tenant law to have 60 dies to leave

because of the construction and the rehabilitation of the prompt we've been told we can move back in but not been given expectation how to move out nor guarantees it should be o can be a 60 day or year process we are more than happy to go through a process if you look at patrick's response the builder is that once construction starts it is unsafe to continue to live there the only recourse of action to protect against our landlord not enough time to find an apartment in san francisco i ask for it to be dazed we would have filed for

on appeal earlier we got a letter that's why we foiled a jurisdiction request reopen the jurisdiction request i've instructed the landlord not to file an appeal but just in case we want the planning department to o reopen the appeal so we have time to move out that's it very much. >> how much extra time. >> pardon me. >> how much time. >> i spoke to mr. johnson on the phone they gave us a little bit under thirty days i think that was a request or letter on the beginning of march to move out march 25th or something yeah. >> anything else. >> no, thank you. >> we'll hear from the permit

holder now. >> i'm doug wong with the paul davis this is johnson chu a long time owner the permit is a mandatory by the city of san francisco they've required that all the common areas of fourth story be gutted out for asbestos and lead abatement we'll have 6 tenants that voluntarily moved out the fire was on november 10th we ask the tenant to allow demolition to take place we asked them once the

common areas are abated we allow. them to move in the only requirement to move out temporarily to allow the abatement in the congressman o'connor areas and when the construction began we'll give them sufficient notice mr. chow was advised unless he was given over 5 thousand dollars he will continue to drag out the appeals the fire happened on november 10th we have impacted multiply tenants we have 6 unite that are damaged and the unit are unliveable patrick. >> i'm patrick with paul davis restoration we've compiled where the planning department and that's basically, it.

>> okay. >> okay. >> okay. thank you. >> i have a question mr. levi is the only tenant remaining. >> i think there are 4 tenants in there. >> they're also on the west side. >> i'm not sure which specific unit they're in it is 512 2 i think that's it. >> working 12 and 2. >> what's the condition of their unit. >> i'm not sure to know what damage is in each of the units most of the units that are occupied is minimal damage

removeable part of the ceiling those are minimum but the big things to move out because the common areas are gutted and fire safety is going to be disconnected and i can't have them moving through the containment area it should be a minimal amount of time but i'm not sure what is going to happen we accident the soft demo what brandon is obtaining to replace thirty windows in the building and all the common areas in the partially effected unit as well it is a pretty big project we don't want anyone you know unsafe or feeling bad about the process it is necessary not elected to be done by the building owner.

>> for some reason, i thought that appeal related to the common areas and therefore they had to vacate their areas. >> it is a two-phase the soft demo we have a permit was in the 3 damaged unit they set up containment and we were able to determine 0 those unite nothing structural that abatement has been done we we abated that unit not effecting someone's health or moving through the abatement system but the common areas i can't be having them move back and forth that will be a safety hazard. >> the other 3 unit what is happening with them. >> they've been asked to leave. >> on the same type of

timeframe. >> we basically i'm not sure what the city is going to require for code upgrade i know that after we have to rewire the 3 unit we're redoing but iepts this is upgrades to be done in the occupied areas as well as the common areas i'm not sure the code step up to the plate so my timeline may adjust a little bit but i'm fingering you know four months for everybody to be out and we'll move people back into the building. >> did you folks provide an overall schedule. >> i put poekt total a light schedule the letter brandon got was a typo she put down for the

28 of last month that was the 29 of this month when the city coming out came out to inspect the building they said we can red tag it now i said we're going to have not have the tenants move out so not have people unhappy. >> thank you okay. mr. kern's. >> benny department of building inspection again it appears the permit is to maintain egress all the times and keep the light survivalist systems the notice of violation states clearly they're supposed to have plans with this the district inspector had quite an extensive

correction properties there were so many areas effected we're not kicking potato people out the knowledge we've given them a timeframe based on the notice of violation they can get more time so they're not dragging their feet. >> i guess mr. kern i was reading the brief it was referring to many of the issues of the second phased that's permit has not been issued. >> not to my knowledge only for the people that remained in the building after the fire so obviously their moving forward with the full set of plans they're to have to notify the additional people remaining in the building there is still time

seeing it's a full set of plans it's not going to happen overnight on or about the permit problems have been completed they've done the demo on the fire damage. >> yes, sir. there's no inspections yet. >> are you done commissioners. >> have they submitted for the second permit. >> not that i know of. >> their telling them to maintain egress is not red-tagged macro maybe yellow tag certain places off limits but the fact they have a permit that is completely states maintain e ingressed it is

habitable somewhat. >> is driver's license any public comment on this item seeing none, commissioners the matter is yours. >> it appears that almost moved i know the issue really is for them to establish a more detailed schedule there's going to be another permit they don't want that permit appealed timing is such that between now and the issuance of a permit requires sometime even for fire damage they haven't developed plans that will take time my suggestion is that this permit is almost completed that we allow it to be finished off they

have a little bit of work left with the heavy suggestion they meet and establish a schedule and with the tenants. >> with the tenants so they can see when to move out. >> okay. we have a motion. >> i'm going to deny the motion for request i hope they take my suggestion. >> mr. pacheco call the roll. >> we have a motion on the floor to deny the jurisdiction request on that motion commissioner president lazarus commissioner vice president honda commissioner wilson thank you the vote is 4 to zero the jurisdiction is denied no appeal shall be filed against this department. >> thank you. >> item 6 appeal number is next scott and jeanie amy's versus the department of building

inspection protesting the issuance on november 10th of an alteration permit to remodel the kitchen and the second-story and replace the bedroom at second-story and 3 bathrooms and four bedrooms this meter was heard on january 14th and continued to have a site visit i want to ask if there's anyone from the permit holder the appellant is here okay so commissioners just wanted you to know i was contact by the permit holder who indicated to me i believe he spoke to inspector kern they're interested in canceling this permit and resubmitting a permit for a second-story building they were interested in a continuance to allow the cancelation process to take place i understand the

appellants want to address this board so with our permission we'll bring the appellants up and have them address the board okay. >> how much time. >> the minutes you'll have 3 minutes to address the board. >> hi, i'm jeanie alice p this is my husband scott so mr. cynthia goldstein's i know they wanted to cancel their permit we're here to clarify questions in the last hearing that was confusion around whether this of the the first name home or a two unit dwell one of the xhimgdz to get clarification we should assume it is a dwelling unit in the last hearing one of the action items to give dbi time to inspect the house this